Common use of Additional Lenders Clause in Contracts

Additional Lenders. (i) Each Additional Lender that is not already party to the Credit Agreement hereby acknowledges, agrees and confirms that, by its execution of this Amendment, that such Additional Lender will, as of the First Amendment Effective Date, be a party to the Amended Credit Agreement and be bound by the provisions of the Amended Credit Agreement and, to the extent of its Revolving Facility Percentage, have the rights and obligations of a Lender thereunder. (ii) Each Additional Lender party hereto (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 consummate the transactions contemplated hereby and in the Amended Credit Agreement, and to become a Lender under the Amended Credit Agreement, (ii) it is not a Disqualified Institution, (iii) it has received a copy of the Credit Agreement and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this First Amendment and to commit to provide its respective Incremental Commitment, and (iv) it has, independently and without reliance upon Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this First Amendment and to commit to provide the Incremental Commitment; 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 Loan Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender.

Additional Lenders. Each of the lenders listed on the signature pages hereto (i) Each each, together with its successors and permitted assigns, an “Additional Lender Lender”), Agent and the Borrower agree that is not already party to the Credit Agreement hereby acknowledges, agrees and confirms that, by its execution of this Amendment, that such Additional Lender will, as of the First Amendment Effective Date, each Additional Lender shall be a party to “Lender” for all purposes of the Amended Credit Agreement and be bound by the provisions of the Amended Credit Agreement andother Loan Documents, to the extent of its Revolving Facility Percentageincluding, have the rights and obligations of a without limitation, this Agreement. Each Lender thereunder. (ii) Each Additional Lender party hereto (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 consummate the transactions contemplated hereby and in the Amended Credit Agreement, and to become a Lender under the Amended Credit Agreement, (ii) it is not a Disqualified Institution, (iii) confirms that it has received a copy of the Credit Agreement 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 deems has deemed appropriate to make its own credit analysis and decision to enter into this First Amendment Agreement; (ii) agrees that it has and to commit to provide its respective Incremental Commitment, and (iv) it haswill, independently and without reliance upon Administrative the Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this First Amendment and to commit to provide the Incremental Commitment; 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 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 DocumentsDocuments 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 (iiv) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents Credit Agreement are required to be performed by it as a Lender.

Additional Lenders. (i) Each By executing a counterpart of this Amendment, each Additional Lender that is not already party to the Credit Agreement hereby acknowledges, agrees and confirms that, by its execution of this Amendment, that such Additional Lender will, as of the First Amendment No. 1 Effective Date, it (a) intends to be a Lender party to the Amended Credit Agreement, with a Commitment as set forth on Annex A attached hereto, and undertakes to perform all the obligations expressed in the Credit Agreement and be bound by the provisions of the Amended Credit Agreement and, to the extent of its Revolving Facility Percentage, have the rights and obligations of a Lender thereunder. (ii) Each Additional Lender party hereto (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 consummate the transactions contemplated hereby and in the Amended Credit Agreement, and to become other Loan Documents as a Lender under the Amended Credit Agreement, Lender; (iib) it is not a Disqualified Institution, (iii) it has received a copy of the Credit Agreement Agreement, together with copies of the most recent quarterly and financial statements referred to in Sections 4.01(h) and 5.01(b) thereof and such other documents and information as it deems has deemed appropriate to make its own credit analysis and decision to enter into this First Amendment and to commit to provide its respective Incremental Commitment, and become a Lender under the Credit Agreement; (ivc) it haswill, independently and without reliance upon Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this First Amendment and to commit to provide the Incremental Commitment; 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 Agreement or any of the other Loan Documents; (d) appoints and authorizes the Administrative Agent to take such 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 Administrative Agent by the terms thereof, and together with such powers as are reasonably incidental thereto; (iie) 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. (i) Each of the undersigned that are signatory hereto as an Additional Lender that is not already Lender, by execution of this Amendment, hereby confirms and agrees that, with effect as of the Amendment No. 2 Effective Date, it shall be and become a party to the Credit Agreement hereby acknowledgesand the other Loan Documents as a Lender thereunder, agrees and confirms that, by its execution shall have all of this Amendment, that such Additional Lender will, as of the First Amendment Effective Date, be a party to the Amended Credit Agreement and be bound by the provisions of the Amended Credit Agreement and, to the extent of its Revolving Facility Percentage, have the rights and be obligated to perform all of the obligations of a Lender thereunder. , and shall have the Commitment set forth opposite such Additional Xxxxxx’s name in Schedule 2.01 to this Amendment (ii) as such Commitment may from time to time be adjusted in accordance with the Credit Agreement). Each Additional Lender party hereto hereby (Aa) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver delivery this Amendment and to consummate the transactions contemplated hereby and in the Amended Credit Agreement, and to become a Lender under the Amended Credit Agreement, ; (iib) it is not a Disqualified Institution, (iii) acknowledges that it has received a copy of the Credit Agreement and the other Loan Documents and the schedules and exhibits thereto and such other documents and information as it deems has deemed appropriate to make its own credit and legal analysis and decision to enter into this First Amendment become a party to the Credit Agreement and to commit to provide its respective Incremental Commitment, and (iv) it has, independently and without reliance upon Administrative Agent or any the other Loan Documents as a Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this First Amendment and to commit to provide the Incremental Commitmentthereunder; and (Bc) agrees that (i) it will, independently and without reliance on upon the Administrative Agent or any other Lender, 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 taking or not taking action under or based upon the Credit Agreement, any other Loan Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a LenderDocument or any related agreement or any document furnished thereunder.

Additional Lenders. (i) Each Additional Lender that is not already party to the Credit Agreement hereby acknowledges, agrees and confirms that, by By its execution and delivery of this Amendment, that such each Additional Lender will, as of hereby agrees to become a Lender under the First Amendment Effective Date, be a party to the Amended Credit Agreement and be bound by the provisions of the Amended Credit Agreement and, to the extent of its Revolving Facility Percentage, have the rights and obligations of with a Lender thereunder. (ii) Commitment as set forth on Schedule II hereto. Each Additional Lender party hereto (Aa) 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 consummate the transactions contemplated hereby and in the Amended Credit Agreement, and to become a Lender under the Amended Credit Agreementhereby, (ii) it is not a Disqualified Institutionmeets 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), (iii) it has received a copy is sophisticated with respect to decisions to acquire assets of the Credit Agreement type represented by its Commitment set forth on Schedule II and such other documents and information as it deems appropriate to make either it, or the person exercising discretion in making its own credit analysis and decision to enter into this First Amendment and to commit to provide its respective Incremental acquire such Commitment, and 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 documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this First Amendment 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 commit the Borrower any documentation required to provide be delivered by it pursuant to the Incremental Commitmentterms of the Credit Agreement, duly completed and executed by such Additional Lender; and (Bb) 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 Loan Credit Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender.

Additional Lenders. (i) Each Additional Lender that is not already party to the Credit Agreement hereby acknowledges, agrees and confirms that, by its execution of this Amendment, that such Additional Lender will, as of the First Amendment Effective Date, be a party to the Amended Credit Agreement and be bound by the provisions of the Amended Credit Agreement and, to the extent of its Revolving Facility Percentage, have the rights and obligations of a Lender thereunder. (ii) Each Additional Lender party hereto (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 consummate the transactions contemplated hereby and in the Amended Credit Agreement, and to become which is not a Lender under the Amended Credit AgreementAgreement prior to giving effect to this Amendment (each, an Additional Lender) (iii) it is not a Disqualified Institution, (iii) confirms that it has received a copy of the Credit Agreement and the other Loan Documents, together with copies of the financial statements referred to therein and such other documents and information as it deems has deemed appropriate to make its own credit analysis and decision to enter into this First Amendment and to commit to provide its respective Incremental Commitment, and Amendment; (iv) it has, independently and without reliance upon Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this First Amendment and to commit to provide the Incremental Commitment; and (Bii) agrees that (i) it will, independently and without reliance on upon the Lead Arranger, the Administrative Agent or any other Lender, 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 taking or not taking action under the Credit Agreement; (iii) appoints and authorizes the Administrative Agent to take such 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 Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it has complied with Section 9.06 of the Credit Agreement 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 (ii) it will perform in accordance with their terms all of the obligations which 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 reasonably satisfactory to the Loan Documents are required to be performed by it as a LenderBorrowers.