Common use of Additional Lender Clause in Contracts

Additional Lender. (a) represents and warrants, as of the Amendment Effective Date, that (i) it is legally authorized to enter into this Amendment and (ii) it is an Eligible Assignee; (b) confirms that it has received a copy of the Credit Agreement and the other Credit Documents (together with copies of the most recent financial statements referred to in Section 5.1 of the Credit Agreement) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (c) agrees that it has made and will, independently and without reliance upon any 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 Agreement, the other Credit Documents, or any instrument or document furnished pursuant hereto or thereto; (d) appoints and authorizes each Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto as are delegated to such Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (e) agrees that, as of the Amendment Effective Date, it shall be bound by the provisions of the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, and shall perform in accordance with its terms all the obligations which, by the terms of the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, are required to be performed by it as a Revolving Lender.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.)

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Additional Lender. (a) represents and warrants, as of the Amendment Effective Date, that The Additional Lender (i) it is legally authorized to enter into this Amendment and (ii) it is an Eligible Assignee; (b) confirms that it has received a copy of the Credit Agreement and Agreement, the other Credit Loan Documents (and any amendments and exhibits thereto, together with copies of the most recent financial statements referred to in Section 5.1 of the Credit Agreement) therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this AmendmentAgreement; (cii) agrees that it has made and will, independently and without reliance upon any the 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 entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit Agreement, the other Credit Documents, or any instrument or document furnished pursuant hereto or thereto; (diii) appoints and authorizes each the Agent to take such action actions as agent on its behalf and to exercise such powers and discretion under the Credit Agreement, Agreement and the other Credit Loan Documents or any other instrument or document furnished pursuant hereto or thereto as are delegated to such Agent the Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; and (eiv) agrees that, as of the Amendment Effective Date, that it shall be bound by the provisions of the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, and shall will perform in accordance with its their terms all of the obligations which, which by the terms of the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, Agreement are required to be performed by it as a Lender. Upon the Incremental Effective Date, the Additional Lender shall make available to the Agent Revolving Loans in an amount sufficient to cause the outstanding Revolving Loans then held by all Lenders to be repaid such that the outstanding Revolving Loans held by each Lender (including the Additional Lender) following such repayment are pro rata in accordance with the Revolving Commitment of each such Lender after giving effect to this Agreement.

Appears in 1 contract

Samples: Incremental Revolving Commitment Assumption Agreement (ExchangeRight Income Fund)

Additional Lender. (a) represents and warrants, as of the Amendment Effective Date, that The Additional Lender (i) it is legally authorized to enter into this Amendment and (ii) it is an Eligible Assignee; (b) confirms that it has received a copy of the Credit Agreement and Agreement, the other Credit Loan Documents (and any amendments and exhibits thereto, together with copies of the most recent financial statements referred to in Section 5.1 of the Credit Agreement) therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this AmendmentAgreement; (cii) agrees that it has made and will, independently and without reliance upon any the 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 entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit Agreement, the other Credit Documents, or any instrument or document furnished pursuant hereto or thereto; (diii) appoints and authorizes each the Agent to take such action actions as agent on its behalf and to exercise such powers and discretion under the Credit Agreement, Agreement and the other Credit Loan Documents or any other instrument or document furnished pursuant hereto or thereto as are delegated to such Agent the Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; and (eiv) agrees that, as of the Amendment Effective Date, that it shall be bound by the provisions of the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, and shall will perform in accordance with its their terms all of the obligations which, which by the terms of the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, Agreement are required to be performed by it as a Lender. Upon the Increase Effective Date, the Additional Lender shall make available to the Agent Revolving LenderLoans in an amount sufficient to cause the outstanding Revolving Loans then held by all Revolving Lenders to be repaid such that the outstanding Revolving Loans held by each Revolving Lender following such repayment are pro rata in accordance with the Revolving Commitment of each such Revolving Lender after giving effect to this Agreement.

Appears in 1 contract

Samples: Incremental Term Loan and Revolving Commitment Assumption Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

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Additional Lender. The Additional Lender hereby joins in, becomes a party to, and agrees to comply with and be bound by the terms and conditions of the Credit Agreement as a Lender thereunder and under each and every other Loan Document to which any Lender is required to be bound by the Credit Agreement, to the same extent as if the Additional Lender were an original signatory thereto. The Additional Lender hereby appoints and authorizes the Administrative Agent to take such action as the Administrative Agent on its behalf and to exercise such powers and discretion under the Credit Agreement as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto. The Additional Lender represents and warrants that (a) represents it has full power and warrantsauthority, as of and has taken all action necessary, to execute and deliver this Eighth Amendment, to consummate the Amendment Effective Datetransactions contemplated hereby and to become a Lender under the Credit Agreement, that (i) it is legally authorized to enter into this Amendment and (ii) it is an Eligible Assignee; (b) confirms that it has received a copy of the Credit Agreement and the other Credit Documents (together with copies of the most recent financial statements referred delivered pursuant to in Section 5.1 of the Credit Agreement) 8.01 thereof, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (c) agrees that Eighth Amendment and to become a Lender on the basis of which it has made such analysis and will, decision independently and without reliance upon any on the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the timeLender, continue to make its own credit decisions in taking or not taking action under the Credit Agreement, the other Credit Documents, or any instrument or document furnished pursuant hereto or thereto; (d) appoints and authorizes each Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto as are delegated to such Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (ec) agrees that, as of from and after the Eighth Amendment Effective Date, it shall be a party to and be bound by the provisions of the Credit Agreement, Agreement and the other Credit Loan Documents or any other instrument or document furnished pursuant hereto or thereto, and shall perform in accordance with its terms all have the rights and obligations which, by the terms of the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, are required to be performed by it as a Revolving LenderLender thereunder.

Appears in 1 contract

Samples: Credit Agreement (Energen Corp)

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