Addition of New Lenders. Each Lender party to this Amendment that was not previously a party to the Reimbursement Agreement (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to become a Lender under the Reimbursement Agreement, (ii) from and after the date hereof, it shall be bound by the provisions of the Reimbursement Agreement as a Lender thereunder and, to the extent of its L/C Commitment shown on SCHEDULE 1 hereto, shall have the obligations of a Lender thereunder, (iii) it has received a copy of the Reimbursement Agreement, together with copies of the most recent financial statements delivered pursuant thereto, 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 it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (iv) if it is a Foreign Lender, it has separately delivered to the Administrative Agent and the Credit Parties any documentation required to be delivered by it pursuant to the terms of the Reimbursement Agreement, duly completed and executed by such new Lender; and (b) agrees that (i) it will, independently and without reliance on the Administrative Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Documents, and (ii) it will perform in accordance with their terms all of the obligations that by the terms of the Credit Documents are required to be performed by it as a Lender. Upon the effectiveness of this Amendment the aggregate Letter of Credit Participating Interests shall be reallocated among all of the Lenders Pro Rata based upon the L/C Commitments shown on SCHEDULE 1, it being intended that the new Lender's L/C Commitments and Letter of Credit Participating Interests shall be pari passu with those of the other Lenders.
Addition of New Lenders. Subject to Section 2.02(c), the Borrower may, with the prior written consent of the Administrative Agent and the LC Bank, add additional Persons as Lenders. Each new Lender shall become a party hereto, by executing and delivering to the Administrative Agent, the LC Bank and the Borrower, an assumption agreement (each, an “Assumption Agreement”) in the form of Exhibit C hereto.
Addition of New Lenders. On the Effective Date, (a) each financial institution listed on the signature pages hereof that was not a party to the Existing Loan Agreement (each, a "New Lender") shall automatically become a party hereto and be entitled to the rights and remedies, and have the obligations, of a "Lender" hereunder, (b) each New Lender with a Revolving Loan Commitment shall deliver to the Administrative Agent immediately available funds to cover such New Lender's Revolving Percentage of all outstanding "Loans" under the Existing Loan Agreement after giving effect to all repayments thereof made on the
Addition of New Lenders. The parties hereto confirm and agree that, from and after the date hereof, each of BNP Paribas (Canada), HSBC Bank Canada, Rabobank Nederland, Canadian Branch and Société Générale (Canada) (collectively, the “New Lenders” and, individually, a “New Lender”) shall be a Lender for all purposes of the Credit Agreement and other Loan Documents having the Individual Commitment set forth opposite its name on Schedule A hereto and all references herein or therein to “Lenders” or “a Lender” shall be deemed to include each of the New Lenders.
Addition of New Lenders. The parties hereto hereby confirm and agree that, from and after the date hereof, each of the New Lenders shall be a Lender for all purposes of the Credit Agreement and the other Documents having the Commitment set forth opposite its name on Schedule A hereto and all references herein or therein to “Lenders” or a “Lender” shall be deemed to include the New Lenders.
Addition of New Lenders. As of the date hereof, each New Lender will be a Lender under the Original Agreement. Each Existing Lender and each New Lender hereby agree that it shall have a Percentage Share in the amount set forth opposite such Lender’s name on the Lenders Schedule attached hereto as Schedule 3 under the heading “Percentage Share”. By its execution and delivery of this Amendment, each New Lender hereby assumes all of the rights and obligations of a Lender under the Credit Agreement to the extent of its Percentage Share.
Addition of New Lenders. On July 13, 2004, subject to the satisfaction of the conditions precedent set forth in Section 4 below, the Credit Agreement shall be and hereby is amended to add Xxxxx Fargo, RBC, BofA, KeyBank and US Bank as Lenders thereunder as follows:
1.1. Each of Xxxxx Fargo, RBC, BofA, KeyBank and US Bank (each a "New Lender" and collectively the "New Lenders") shall be deemed a Lender signatory to the Credit Agreement and shall have all the rights, benefits, duties and obligations of a Lender under the Credit Agreement and the other Loan Documents. Accordingly, all references in the Credit Agreement and the other Loan Documents to the term "Lender" and "Lenders" shall be deemed to include, and be a reference to, each New Lender, and all references in the Credit Agreement and the other Loan Documents to the terms "Note" and "Notes" shall be deemed to include, and be a reference to, each Revolving Note issued pursuant hereto by the Borrower to each New Lender. Each New Lender agrees that it will perform all of the duties and obligations which by the terms of the Credit Agreement and the other Loan Documents are required to be performed by it as a Lender with a Revolving Credit Commitment under the Credit Agreement as set forth on the Schedule 1 attached hereto.
Addition of New Lenders. On May 21, 1999, subject to the satisfaction of the conditions precedent set forth in Section 3 below, the Credit Agreements shall be and hereby are amended to add certain parties as Lenders thereunder as follows:
1.1. Those certain new lenders which have executed this Amendment (collectively, the "New Lenders" and each individually, a "New Lender") shall each be deemed a Lender signatory to each Credit Agreement and shall have all the rights, benefits, duties and obligations of a Lender under each Credit Agreement and the Loan Documents. Accordingly, all references in each Credit Agreement and the Loan Documents to the terms "Lender" and "Lenders" shall be deemed to include, and be a reference to, the New Lenders. Any New Lender designated as a Co-Agent on its signature page hereto shall be deemed a "Co-Agent" appointed pursuant to the terms of Section 10.7 of the Five-Year Credit Agreement and Section 10.6 of the 364-Day Credit Agreement, it being understood that such designation shall have no substantive effect and such Lender shall have no additional powers, duties or responsibilities as a result thereof other than its powers, duties and responsibilities as a Lender under each Credit Agreement. Each New Lender agrees that it will perform all of the duties and obligations which by the terms of each Credit Agreement and the Loan Documents are required to be performed by it as a Lender with a Commitment under each Credit Agreement as set forth in Exhibits A-1 and A-2 attached hereto.
Addition of New Lenders. On and as of the occurrence of the Restatement Effective Date, each New Lender shall become a "Lender" under, and for all purposes of, this Agreement and the other Credit Documents.
Addition of New Lenders. On the Effective Date, (a) each financial institution listed on the signature pages hereof that was not a party to the Existing Agreement (each, a "New Lender") shall automatically become a party hereto and be entitled to the benefits, and have the obligations, of a "Lender" hereunder, and (b) each New Lender shall deliver to the Agent immediately available funds to cover such New Lender's Pro Rata Share of all outstanding Loans and, from such funds, the Agent shall disburse to each Lender that was a party to the Existing Agreement an amount in cash such that, after giving effect to such disbursement, such Lender has an amount of Loans outstanding equal to its Pro Rata Share of all outstanding Revolving Loans, Acquisition Loans and Term Loans. To facilitate the foregoing, the Company agrees that on the Effective Date the Company will pay to the Agent for the account of each Lender which is a party to the Existing Agreement all interest and fees owed to such Lender under the Existing Agreement.
