Additional Bank. A lender which is to become a party to this Agreement pursuant to Section 2.1.3 (Increase in Commitments After Closing Date] hereof or otherwise (each an "Additional Bank") shall execute and deliver to the Agent a Bank Joinder to this Agreement in substantially the form attached hereto as Exhibit 1.1(B). Upon execution and delivery of a Bank Joinder, such Additional Bank shall be a party hereto and a "Bank" under each of the Loan Documents for all purposes, except that such Additional Bank shall not participate in any Term Loans to which the LIBO-Rate Option applies which are outstanding on the effective date of such Bank Joinder. If Borrower should renew after the effective date of such Bank Joinder the LIBO-Rate Option with respect Term Loans existing on such date, Borrower shall be deemed to repay the applicable Term Loans on the renewal date and then reborrow a similar amount on such date so that the Additional Bank shall participate in such Term Loans after such renewal date. Schedule 1.1(A) shall be amended and restated on the date of such Bank Joinder to read as set forth on the attachment to such Bank Joinder. Simultaneously with the execution and delivery of such Bank Joinder, the Borrower shall execute, if requested, a Note and deliver it to such Additional Bank together with copies of such other documents described in Section 7.1 (Affirmative Covenants) hereof as such Additional Bank may reasonably require. 10.12
Additional Bank. From time to time additional Bank may be added hereto upon execution by the Borrower, the Bank and such additional Bank of documentation in form and substance satisfactory to each of such parties.
Additional Bank. A lender which is to become a party to this Agreement pursuant to Section 2.1.2 [Right to Increase Commitments] hereof, pursuant to Section 2.9.2 [Approval by 67% Banks] or otherwise (each an "Additional Bank") shall execute and deliver to the Agent a Bank Joinder to this Agreement in substantially the form attached hereto as Exhibit 1.1(B)(1). Upon execution and delivery of a Bank Joinder, such Additional Bank shall be a party hereto and a "Bank" under each of the Loan Documents for all purposes, except that such Additional Bank shall not participate in any Revolving Credit Loans to which the LIBO-Rate Option applies which are outstanding on the effective date of such Bank Joinder. If Borrower should renew after the effective date of such Bank Joinder the LIBO-Rate Option with respect to Revolving Credit Loans existing on such date, Borrower shall be deemed to repay the applicable Revolving Credit Loans on the renewal date and then reborrow a similar amount on such date so that the Additional Bank shall participate in such Revolving Credit Loans after such renewal date. Schedule 1.1(B) shall be amended and restated on the date of such Bank Joinder to read as set forth on the attachment to such Bank Joinder. Simultaneously with the execution and delivery of such Bank Joinder, the Borrower shall execute, if requested, a Revolving Credit Note and deliver it to such Additional Bank together with copies of such other documents described in Section 6.1 [First Loans] hereof as such Additional Bank may reasonably require.
(i) Schedule 1.1(B) to the Agreement is hereby amended by replacing the grid set forth thereon with the following: Triumph Group, Inc. SCHEDULE 1.1(B) (as of the date of the Third Amendment to Loan Documents) PNC Bank, National Association 55,000,000 .00000000 Wachovia Bank, National Association 0 — Bank of America, N.A. 50,000,000 .00000000 Citizens Bank 45,000,000 .00000000 National City Bank 15,000,000 .00000000 Fleet National Bank 40,000,000 .00000000 SunTrust Bank 0 — Allfirst Bank 20,000,000 .00000000 The Bank of New York 0 — Farmers First 10,000,000 .00000000 Deutsche Bank Trust Company Americas 15,000,000 .06000000 Total 250,000,000 100 (j) The Pricing Grid is hereby amended and restated to read in its entirety as follows: Pricing Grid for Triumph Group, Inc.(in basis points) Basis for Pricing If the Company's Total Indebtedness to EBITDA ratio is less than or equal to 1.00 to 1. If the Company's Total Indebtedness to EBITDA ratio is gre...
Additional Bank. A bank which is to become a party to this Agreement pursuant to Section 2.12 hereof or otherwise (each an "Additional Bank') shall execute and deliver to Agent a Bank Joinder to this Agreement in substantially the form attached hereto as Exhibit 1.1(B). Upon execution and delivery of a Bank Joinder, such Additional Bank shall be a party hereto and a Bank under each of the Loan Documents for all purposes, except that such Additional Bank shall not participate in any Loans to which the Euro-Rate Option applies which are outstanding on the effective date of such Bank Joinder. If Borrower should renew after the effective date of such Bank Joinder the Euro-Rate Option with respect to Loans existing on such date, Borrower shall be deemed to repay the applicable Loans on the renewal date and then reborrow a similar amount on such date so that the Additional Bank shall participate in such Loans after such renewal date. Schedule 1.1(B) shall be amended and restated on the date of such Bank Joinder to revise the information contained therein as appropriate to reflect the information on the attachment to such Bank Joinder. Simultaneously with the execution and delivery of such Bank Joinder, Borrower shall execute a Revolving Credit Note, and deliver it to such Additional Bank together with originals of such other documents described in Section 7.1 hereof as such Additional Bank may reasonably require.
Additional Bank. By its execution and delivery of this --------------- Amendment, Barclays Bank PLC, New York Branch (the "Additional Bank"), hereby --------------- agrees to be bound, and shall have the rights under the Credit Agreement and the Loan Documents, as a Bank having a Commitment equal to the amount specified in Schedule 1 to this Amendment, and the Agents and MBIA each hereby consent to the Additional Bank becoming a Bank. The Additional Bank acknowledges and agrees that the Agents (i) make no representation or warranty and assume no responsibility with respect to any statements, warranties and representations made in or in connection with the Credit Agreement or any of the Loan Documents or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement or any of the Loan Documents or any other instrument or document furnished pursuant thereto; and (ii) make no representation or warranty and assumes no responsibility with respect to the financial condition of or the performance or observance by MBIA of any of their obligations under the Credit Agreement, any of the Loan Documents or any other instrument or document furnished pursuant thereto. The Additional Bank further (i) confirms that it has received a copy of the Credit Agreement, together with copies of the financial statements and SEC Reports referred to therein, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into the Credit Agreement; (ii) agrees that it will, independently and without reliance upon the Agents 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 Agreement; (iii) agrees to the provisions of Article 8 of the Credit Agreement and appoints and authorizes the Agents on its behalf to exercise such powers under the Credit Agreement and the other Loan Documents, as are delegated to the Agents by the terms thereof and hereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will be bound by all of the terms and conditions of the Credit Agreement and the other Loan Documents and will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement and the other Loan Documents are required to be performed by it as a Bank.
Additional Bank. 119 11.12 Joinder of Guarantors . . . . . . . . . . . . . 121 11.13 Confidentiality . . . . . . . . . . . . . . . . 122 11.14 Counterparts. . . . . . . . . . . . . . . . . . 122 11.15 Exceptions. . . . . . . . . . . . . . . . . . . 122 11.16 Consent to Forum; Waiver of Jury Trial . . . . . . . . . . . . . . . . . . . . . 122 11.17 Tax Withholding Clause. . . . . . . . . . . . . 123 11.18 Existing Agreement. . . . . . . . . . . . . . . 123 11.19 Pari Passu Treatment of Loans . . . . . . . . . 123
Additional Bank. AccountsSection 7.18
Additional Bank. 20.1 Ghana International Bank Plc or such other Bank(s) as shall be agreed upon by the Agent, the Banks and the Borrower (the Additional Bank(s)) may at its own costs become a party to this Agreement by delivering to the Agent a duly completed and executed Accession Letter in the format set out in Schedule E hereto, provided that the aggregate of the Facility Amount and the facility to be provided pursuant to the Barclays Facility to the Borrower, shall not exceed US$35 Million and that no Accession Agreement shall be entered into after January 31, 2007.
20.1.1 The Agent, the Additional Bank and the other Banks shall acquire the same rights and assume the same obligations between themselves as they would have acquired and assumed had such Additional Bank been an original party hereto as a Bank with the rights and/or the obligations acquired or assumed by it as a result of entering into such Accession Agreement.
20.1.2 the Borrower and the Additional Bank shall each assume the same obligations towards each other and/or acquire the same rights against each other as they would have acquired and assumed had such Additional Bank been an original party hereto as a Bank with the rights and/or the obligations acquired or assumed by it as a result of entering into such Accession Agreement.
20.2 The Agent shall promptly notify the other parties hereto of the receipt by it of any Accession Agreement and shall deliver a copy thereof to the Borrower.
Additional Bank. Upon execution of this Amendment by NationsBank, N.A., NationsBank, N.A. shall be a Bank for all purposes under the Credit Agreement with the Commitment set forth on the signature page hereof.
Additional Bank. JPMorgan Chase Bank, N.A. hereby is added as a Bank (the “Additional Bank”) under the Credit Agreement and the other Loan Documents and agrees to be bound by the Credit Agreement and the other Loan Documents as a Bank.
