Common use of Addition of New Lender Clause in Contracts

Addition of New Lender. Subject to Section 5(d) hereof, upon and after the Effective Date (defined below), the New Lender hereby assumes, adopts and agrees to become a party, as a Lender, to the Loan Agreement and to each other Loan Document to which the Lenders are parties and for all purposes thereof, with a Commitment Amount as stated in the amended Schedule 1.1(a) to the Loan Agreement attached hereto as Exhibit A, and the parties hereto, other than the New Lender, each acknowledge and consent to such actions by the New Lender. Upon and after the Effective Date, the New Lender shall be a Lender under the Loan Agreement and the other Loan Documents to which the Lenders are parties and shall have all of the rights, privileges and benefits of a Lender under the Loan Agreement and the other Loan Documents, and all of the duties of a Lender thereunder, in each case as if such New Lender had been initially a party to the Loan Agreement. Upon the Effective Date (defined below), the New Lender shall make Warehouse Advances as calculated by the Agent so that its outstanding Warehouse Advances are equal to its ratable share of all Warehouse Advances outstanding on such date and the Agent shall distribute the proceeds of such Warehouse Advances to Fleet (defined below) in the amount of the Payoff Amount (defined below) and to the other Lenders in accordance with their ratable share of all Warehousing Advances outstanding on the Effective Date, in each case after giving effect to this Amendment, but prior to any additional Warehousing Advances requested by the Borrower to be made on the Effective Date.

Addition of New Lender. Subject to Section 5(d) By its execution hereof, upon and after the following is becoming a party to the Credit Agreement as a Lender as of the Amendment Effective Date Date: Associated Bank, N.A. (defined belowthe “New Lender”), the . The New Lender hereby assumes, adopts shall evidence its entry into the Credit Agreement by its execution and agrees delivery of signature pages to become a party, as a Lender, this Amendment. This Amendment shall not be given effect prior to the Loan Agreement and to each other Loan Document to which the Lenders are parties and for all purposes thereof, with a Commitment Amount as stated in the amended Schedule 1.1(a) to the Loan Agreement attached hereto as Exhibit A, and the parties hereto, other than receipt of the New Lender, each acknowledge and consent to such actions by the New Lender’s executed pages hereto. Upon and after the Effective Date, the The New Lender shall be agrees that it constitutes a Lender under the Loan Credit Agreement and the other Loan Documents to which the Lenders are parties and shall have all be bound by the provisions of this Amendment, the rights, privileges and benefits of a Lender under the Loan Credit Agreement and the other Loan Documents. The New Lender’s Revolving Credit Commitment and 2020 Term Loan Commitment appears in Schedule 1 to the Credit Agreement. The New Lender acknowledges and agrees that it has received a copy of the Credit Agreement, together with copies of financial statements and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment and to become a Lender, which analysis and decision has been made independently of and without reliance upon the Administrative Agent or any other Lender. The New Lender confirms it will, independently and without reliance on the Administrative Agent, or any other Lender, and all of based on such documents and information as it shall deem appropriate at the duties of a Lender thereundertime, continue to make its own credit decisions in each case as if such New Lender had been initially a party to taking or not taking action under the Credit Agreement and the Loan Agreement. Upon the Effective Date (defined below)Documents, the New Lender shall make Warehouse Advances as calculated by the Agent so that its outstanding Warehouse Advances are equal to its ratable share of all Warehouse Advances outstanding on such date and the Agent shall distribute the proceeds of such Warehouse Advances to Fleet (defined below) in the amount of the Payoff Amount (defined below) and to the other Lenders it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender. The Administrative Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit exposure under the Credit Agreement (prior to giving effect to the Amendment) as are necessary in order that each such Lender’s credit exposure and outstanding Loans reflects such Lender’s ratable share of all Warehousing Advances the outstanding aggregate credit exposure on the Amendment Effective Date. Notwithstanding anything to the contrary in Section 3.3 of the Credit Agreement or otherwise in the Credit Agreement, each Lender agrees to waive, and will not request, reimbursement or indemnification to which it may otherwise be entitled, for any losses, costs and expenses incurred by such Lender in each case after giving effect connection with the sale and assignment of any Eurocurrency Loan and such reallocation described above. The Borrower agrees with and consents to this Amendment, but prior to any additional Warehousing Advances requested by the Borrower to be made on the Effective Dateforegoing.

Addition of New Lender. Subject to Section 5(d) hereof, Article 3 hereof upon and after the Effective Date (defined below), the New Lender hereby assumes, adopts and agrees to become a party, as a Lender, to the Loan Credit Agreement and to each other Loan Document to which the Lenders are parties and for all purposes thereof, with a Commitment Amount as stated in the amended Schedule 1.1(a) 5 to the Loan Credit Agreement attached hereto as Exhibit A, and the parties hereto, other than the New Lender, each acknowledge and consent to such actions by the New Lender. Upon and a nd after the Effective Date, the New Lender shall be a Lender under the Loan Credit Agreement and the other Loan Documents to which the Lenders are parties and shall have all of the rights, privileges and benefits of a Lender under the Loan Credit Agreement and the other Loan Documents, and all of the duties of a Lender thereunder, in each case as if such the New Lender had been initially a party to the Loan Credit Agreement. Upon the Effective Date (defined below), the New Lender shall make Warehouse Advances Loans as calculated by the Agent so that its outstanding Warehouse Advances Loans are equal to its ratable share respective Percentage Share of all Warehouse Advances Loans outstanding on such date and the Agent shall distribute the proceeds of such Warehouse Advances to Fleet (defined below) in the amount of the Payoff Amount (defined below) and Loans to the other Lenders in accordance with their ratable share Percentage Share of all Warehousing Advances Loans outstanding on the Effective Date, in each case after giving effect to this Amendment, but prior to any additional Warehousing Advances Loans requested by the Borrower Company to be made on the Effective Date.

Addition of New Lender. Subject to Section 5(d) 4 hereof, upon and after the Effective Date (defined below), the New Lender hereby assumes, adopts and agrees to become a party, as a Lender, to the Loan Agreement and to each other Loan Document to which the Lenders are parties and for all purposes thereof, with a Commitment Amount as stated in the amended Schedule 1.1(a) to the Loan Agreement attached hereto as Exhibit A, and the parties hereto, other than the New Lender, each acknowledge and consent to such actions by the New Lender. Upon and after the Effective Date, the New Lender shall be a Lender under the Loan Agreement and the other Loan Documents to which the Lenders are parties and shall have all of the rights, privileges and benefits of a Lender under the Loan Agreement and the other Loan Documents, and all of the duties of a Lender thereunder, in each case as if such New Lender had been initially a party to the Loan Agreement. Upon the Effective Date (defined below), the New Lender shall make Warehouse Advances as calculated by the Agent so that its outstanding Warehouse Advances are equal to its ratable share of all Warehouse Advances outstanding on such date and the Agent shall distribute the proceeds of such Warehouse Advances to Fleet (defined below) in the amount of the Payoff Amount (defined below) and to the other Lenders in accordance with their ratable share of all Warehousing Advances outstanding on the Effective Date, in each case after giving effect to this Amendment, but prior to any additional Warehousing Advances requested by the Borrower to be made on the Effective Date.