Common use of Additional Lenders Clause in Contracts

Additional Lenders. Each of the lenders listed on the signature pages hereto (each, together with its successors and permitted assigns, an “Additional Lender”), Agent and the Borrower agree that as of the First Amendment Effective Date, each Additional Lender shall be a “Lender” for all purposes of the Credit Agreement and the other Loan Documents, including, without limitation, this Agreement. Each Lender (i) confirms that it has received a copy of the Credit Agreement, the other Loan Documents and any exhibits thereto, together with copies of the financial statements 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 this Agreement; (ii) agrees that it has and will, independently and without reliance upon 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; (iii) appoints and authorizes the Agent to take such actions as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; (iv) agrees that it will execute such documents and agreements as the Agent may reasonably request and, in the case that such Lender is organized under the laws of a jurisdiction outside of the United States, provide to the Agent its name, address, tax identification number and/or such other information as shall be necessary for the Agent to comply with “know your customer” and anti-money laundering rules and regulations, including without limitation, the PATRIOT Act; and (v) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement are required to be performed by it as a Lender.

Additional Lenders. Each of the lenders listed on the signature pages undersigned that are signatory hereto (each, together with its successors and permitted assigns, as an “Additional Lender”), Agent by execution of this Amendment, hereby confirms and the Borrower agree that agrees that, with effect as of the First Amendment No. 2 Effective Date, each Additional Lender it shall be and become a “Lender” for all purposes of party to the Credit Agreement and the other Loan DocumentsDocuments as a Lender thereunder, includingand shall have all of the rights and be obligated to perform all of the obligations of a Lender thereunder, without limitation, and shall have the Commitment set forth opposite such Additional Xxxxxx’s name in Schedule 2.01 to this Amendment (as such Commitment may from time to time be adjusted in accordance with the Credit Agreement). Each Additional Lender hereby (ia) confirms represents and warrants that it has full power and authority, and has taken all action necessary, to execute and delivery this Amendment and to become a Lender under the Credit Agreement; (b) acknowledges that it has received a copy of the Credit Agreement, Agreement and the other Loan Documents and any the schedules and exhibits thereto, together with copies of the financial statements referred to therein thereto and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Agreementbecome a party to the Credit Agreement and the other Loan Documents as a Lender thereunder; and (iic) agrees that it has and will, independently and without reliance upon the Administrative Agent or any other Lender or any of their Affiliates and based on such documents and information as it shall from time to time deem appropriate at the timeappropriate, continue to make its own credit and legal decisions in entering into the Credit Agreement and this Agreement, and in taking or not taking action under or based upon the Credit Agreement; (iii) appoints and authorizes the Agent to take such actions as agent on its behalf and to exercise such powers under the Credit Agreement and the , any other Loan Documents as are delegated to the Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; (iv) agrees that it will execute such documents and agreements as the Agent may reasonably request and, in the case that such Lender is organized under the laws of a jurisdiction outside of the United States, provide to the Agent its name, address, tax identification number and/or such other information as shall be necessary for the Agent to comply with “know your customer” and anti-money laundering rules and regulations, including without limitation, the PATRIOT Act; and (v) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement are required to be performed by it as a LenderDocument or any related agreement or any document furnished thereunder.

Additional Lenders. Each of the lenders listed on the signature pages hereto (each, together with its successors and permitted assigns, an “Additional Lender”), Agent and the Borrower agree that as of the First Amendment Effective Date, each Additional Lender shall be a “Lender” for all purposes of the Credit Agreement and the other Loan Documents, including, without limitation, this Agreement. Each Lender Lenders (i) confirms that it has received a copy of the Credit Agreement, the other Loan Documents and any amendments and exhibits thereto, together with copies of the financial statements 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 this Agreement; (ii) agrees that it has and will, independently and without reliance upon 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 entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit Agreement; (iii) appoints and authorizes the Administrative Agent to take such actions as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agentthe, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will execute such documents and agreements as the Agent may reasonably request and, in the case that such Lender is organized under the laws of a jurisdiction outside of the United States, provide to the Agent its name, address, tax identification number and/or such other information as shall be necessary for the Agent to comply with “know your customer” and anti-money laundering rules and regulations, including without limitation, the PATRIOT Act; and (v) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement are required to be performed by it as a Lender. Upon the Refinancing Effective Date, the Additional Lenders shall make available to Administrative Agent Tranche B Term Loans in an amount sufficient to cause the outstanding Tranche B Term Loans then held by all Tranche B Term Lenders to be repaid such that the outstanding Tranche B Term Loans held by each Tranche B Term Lender (including the Additional Lenders) following such repayment are pro rata in accordance with the unfunded Tranche B Term Loan Commitment of each such Tranche B Term Lender after giving effect to this Agreement.

Additional Lenders. Each By its execution and delivery of the lenders listed on the signature pages hereto (each, together with its successors and permitted assigns, an “Additional Lender”), Agent and the Borrower agree that as of the First Amendment Effective Datethis Amendment, each Additional Lender shall be hereby agrees to become a “Lender” for all purposes of Lender under the Credit Agreement and the other Loan Documents, including, without limitation, this Agreementwith a Commitment as set forth on Schedule II hereto. Each Additional Lender (a) represents and warrants that (i) confirms that it has received a copy of full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to consummate the transactions contemplated hereby, (ii) it meets all the requirements to be an Eligible Assignee under the Credit Agreement (subject to such consents, if any, as may be required under the Credit Agreement), the other Loan Documents and any exhibits thereto, together (iii) it is sophisticated with copies respect to decisions to acquire assets of the financial statements referred type represented by its Commitment set forth on Schedule II and either it, or the person exercising discretion in making its decision to therein acquire such Commitment, is experienced in acquiring assets of such type, (iv) it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such other documents and information as it has deemed appropriate to make appropriate, made its own credit analysis and decision to enter into this Amendment, and (v) if it is not incorporated under the laws of the United States of America or a state thereof, it has delivered to the Borrower any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by such Additional Lender; and (iib) agrees that it has and will, independently and without reliance upon on the Administrative Agent or any other Lender 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; (iii) appoints and authorizes the Agent to take such actions as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; (iv) agrees that it will execute such documents and agreements as the Agent may reasonably request and, in the case that such Lender is organized under the laws of a jurisdiction outside of the United States, provide to the Agent its name, address, tax identification number and/or such other information as shall be necessary for the Agent to comply with “know your customer” and anti-money laundering rules and regulations, including without limitation, the PATRIOT Act; and (v) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement are required to be performed by it as a LenderDocuments.

Additional Lenders. Each By executing a counterpart of the lenders listed on the signature pages hereto (each, together with its successors and permitted assigns, an “Additional Lender”), Agent and the Borrower agree that as of the First Amendment Effective Datethis Amendment, each Additional Lender shall agrees and confirms that, as of the Amendment No. 1 Effective Date, it (a) intends to be a “Lender” for Lender party to the Credit Agreement, with a Commitment as set forth on Annex A attached hereto, and undertakes to perform all purposes of the obligations expressed in the Credit Agreement and in the other Loan Documents, including, without limitation, this Agreement. Each Lender Documents as a Lender; (ib) confirms that it has received a copy of the Credit Agreement, the other Loan Documents and any exhibits thereto, together with copies of the most recent quarterly and financial statements referred to therein in Sections 4.01(h) and 5.01(b) 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 and become a Lender under the Credit Agreement; (iic) agrees that it has and will, independently and without reliance upon the Administrative Agent or any other Lender 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 AgreementAgreement or any of the other Loan Documents; (iiid) appoints and authorizes the Administrative Agent to take such actions action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agent, as the case may be, Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; (iv) agrees that it will execute such documents and agreements as the Agent may reasonably request and, in the case that such Lender is organized under the laws of a jurisdiction outside of the United States, provide to the Agent its name, address, tax identification number and/or such other information as shall be necessary for the Agent to comply with “know your customer” and anti-money laundering rules and regulations, including without limitation, the PATRIOT Act; and (ve) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement and the Loan Documents are required to be performed by it as a Lender; (f) it has delivered an Administrative Questionnaire to the Administrative Agent; (g) has delivered to the Borrower and the Administrative Agent all documents required to be delivered by it pursuant to Section 2.16(f) of the Credit Agreement on or prior to the date on which it becomes a Lender, and (h) represents that it is not an Ineligible Institution.

Additional Lenders. Each of the lenders listed on the signature pages hereto Royal Bank of Scotland PLC, CIBC Inc., Canadian Imperial Bank of Commerce, Westpac Banking Corporation, Fortis Capital Corp. and Fortis Capital (Canada) Ltd. (each, together with its successors and permitted assigns, an “Additional Lender”)) has agreed to become a party to the Credit and Guarantee Agreement, Agent pursuant to and the Borrower agree that as amended by this Amendment, as a Lender, effective as of the First Amendment Effective Date, each date of this Amendment. Each Additional Lender shall be a “Lender” for all purposes of : (a) represents and warrants that it is legally authorized to enter into the Credit and Guarantee Agreement and the other Loan Documents, including, without limitation, as amended by this Agreement. Each Lender Amendment; (ib) confirms that it has received a copy of the Credit and Guarantee Agreement, the other Loan Documents and any exhibits thereto, together with copies of the financial statements referred delivered pursuant to therein Section 6.1 thereof and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into become a party to the Credit and Guarantee Agreement as amended by this AgreementAmendment; (iic) agrees that it has and will, independently and without reliance upon 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 entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit Agreementand Guarantee Agreement as amended by this Amendment or any other instrument or document furnished pursuant thereto; (iiid) appoints and authorizes the Administrative Agent to take such actions action as agent on its behalf and to exercise such powers and discretion under the Credit and Guarantee Agreement and the as amended by this Amendment or any other Loan Documents instrument or document furnished pursuant hereto or thereto as are delegated to the Agent, as the case may be, Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (ive) agrees that it will execute such documents be bound by the provisions of the Credit and agreements Guarantee Agreement as amended by this Amendment and will perform in accordance with its terms all the Agent may reasonably request andobligations which by the terms of the Credit and Guarantee Agreement as amended by this Amendment are required to be performed by it as a Lender including, in the case that such Lender if it is organized under the laws of a jurisdiction outside of the United States, provide its obligation pursuant to Section 5.11(b) of the Credit and Guarantee Agreement. Royal Bank of Scotland PLC hereby represents and warrants to the Administrative Agent its namethat it will lend to a Canadian Borrower through an Unpaired Non-Canadian Foreign Lender and will lend to a U.S. Borrower through a U.S. Lender, address, tax identification number and/or such other information as shall be necessary for the Agent to comply with “know your customer” and anti-money laundering rules and regulations, including without limitation, the PATRIOT Act; and (v) agrees that it will perform notify the Administrative Agent in accordance with their terms all writing promptly in the event that there is a change to the status of any such Lender. CIBC Inc. hereby represents and warrants to the obligations which by Administrative Agent that it will lend to a U.S. Borrower through a U.S. Lender, and agrees that it will notify the terms Administrative Agent in writing promptly in the event that there is a change to the status of such Lender. Canadian Imperial Bank of Commerce hereby represents and warrants to the Credit Agreement are required Administrative Agent that it will lend to be performed by a Canadian Borrower through a Canadian Lender and agrees that it as will notify the Administrative Agent in writing promptly in the event that there is a change to the status of such Lender. Westpac Banking Corporation hereby represents and warrants to the Administrative Agent that it will lend to a Canadian Borrower through an Unpaired Non-Canadian Foreign Lender and will lend to a U.S. Borrower through a U.S. Lender, and agrees that it will notify the Administrative Agent in writing promptly in the event that there is a change to the status of any such Lender. Fortis Capital Corp. hereby represents and warrants to the Administrative Agent that it will lend to a U.S. Borrower through a U.S. Lender, and agrees that it will notify the Administrative Agent in writing promptly in the event that there is a change to the status of such Lender. Fortis Capital (Canada) Ltd. hereby represents and warrants to the Administrative Agent that it will lend to a Canadian Borrower through a Canadian Lender and agrees that it will notify the Administrative Agent in writing promptly in the event that there is a change to the status of such Lender.

Additional Lenders. Each of Lender party hereto which is not a Lender under the lenders listed on the signature pages hereto Credit Agreement prior to giving effect to this Amendment (each, together with its successors and permitted assigns, an “Additional Lender”), Agent and the Borrower agree that as of the First Amendment Effective Date, each Additional Lender shall be a “Lender” for all purposes of the Credit Agreement and the other Loan Documents, including, without limitation, this Agreement. Each Lender ) (i) confirms that it has received a copy of the Credit Agreement, Agreement and the other Loan Documents and any exhibits theretoDocuments, together with copies of the financial statements 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 this AgreementAmendment; (ii) agrees that it has and will, independently and without reliance upon the Lead Arranger, the Administrative Agent or any other Lender or Agent 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; (iii) appoints and authorizes the Administrative Agent to take such actions action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agent, as the case may be, Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will execute such documents and agreements as the Agent may reasonably request and, in the case that such Lender is organized under the laws of a jurisdiction outside of the United States, provide to the Agent its name, address, tax identification number and/or such other information as shall be necessary for the Agent to comply has complied with “know your customer” and anti-money laundering rules and regulations, including without limitation, the PATRIOT Act; and (v) agrees that it will perform in accordance with their terms all of the obligations which by the terms Section 9.06 of the Credit Agreement are required and, on the Amendment Effective Date, has become a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. The identity of each Additional Lender shall be performed by it as a Lenderreasonably satisfactory to the Borrowers.