Addition of New Lenders. To reflect the fact that certain financial institutions which are not currently Short Term Lenders may desire to become Short Term Lenders under the Credit Agreement, any such financial institution signing below as an "Applicant Financial Institution" (and defined herein as such) shall become a "Short Term Lender" under the Credit Agreement as of the Effective Date, and shall be deemed approved by each of the Company and the Managing Administrative Agent pursuant to Paragraph 14(a) of the Credit Agreement, on the following terms and conditions:
(a) Each such Applicant Financial Institution hereby acknowledges and agrees that from and after the Effective Date it will be a "Short Term Lender" under the Credit Agreement and the other Credit Documents with all the rights and benefits and with all the obligations of the Short Term Lenders thereunder.
(b) On and after the Effective Date, the Maximum Short Term Facility Commitment and Short Term Swing Line Commitment of each such Applicant Financial Institution shall be consistent with the Commitment Schedule attached hereto as Annex 1 (the "Replacement Commitment Schedule") and, if necessary, each such Applicant Financial Institution hereby agrees to purchase on the Effective Date and to accept the assignment and transfer of a portion of the Maximum Short Term Facility Commitments and, as applicable, the Short Term Swingline Commitments held by the Existing Short Term Lenders consistent with the Replacement Commitment Schedule.
(c) The Managing Administrative Agent hereby waives: (1) receipt of any Additional Lender Agreement or Assignment Agreement that would otherwise be required to be executed and delivered by such Applicant Financial Institution pursuant to Paragraph 14(a)(2)(iii) of the Credit Agreement, and (2) the registration fee of $3,500.00 required to be delivered by each Applicant Financial Institution pursuant to Paragraph 14(a)(2)(iv) of the Credit Agreement.
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. 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. 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. Subject to Article 3 hereof upon and after the Effective Date (defined below), each New Lender hereby assumes, adopts and agrees to become a party, as a Lender, to the 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 5 to the Credit Agreement attached hereto as Exhibit A, and the parties hereto, other than the New Lenders, acknowledge and consent to such actions by the New Lenders. Upon and after the Effective Date, each New Lender shall be a Lender under the Credit Agreement and the other Loan Documents to which the Lenders are a parties and shall have all of the rights, privileges and benefits of a Lender under the Credit 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 Credit Agreement. Upon the Effective Date (defined below), each New Lender shall make Loans as calculated by the Agent so that its outstanding Loans are equal to its respective Percentage Share of all Loans outstanding on such date and the Agent shall distribute the proceeds of such Loans to the other Lenders in accordance with their Percentage Share of all Loans outstanding on the Effective Date, in each case after giving effect to this Amendment, but prior to any additional Loans requested by the Company to be made on the Effective Date.
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 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. The parties hereto acknowledge that Borrower has asked Agent to identify one or more financial institutions that wish to become additional Lenders under this Agreement. Such additional Lenders would have commitments in an aggregate amount of up to $50,000,000. Lenders agree that, if Agent is successful in identifying such additional Lenders, the amount of the Commitment, on March 31, 2000, will be reduced to the sum of $150,000,000 plus the amount of the Commitments of such additional Lenders (rather than to $150,000,000 as is now contemplated by the definition of "Commitment"). If any such additional Lenders become parties to this Agreement prior to the scheduled Commitment reduction on March 31, 2000, then each Lender's Pro Rata share shall be recalculated accordingly. The parties hereto further acknowledge that they will negotiate in good faith to reach agreement on such other amendments to the Loan Documents as may be necessary to give effect to the addition of such other Lenders.
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.
