Additional Party. Pursuant to Section 9.1(c) of the Original Intercreditor Agreement, the Original Intercreditor Agreement is hereby amended by adding the Class D Trustee as a party to the Intercreditor Agreement, and the parties hereto confirm and agree that, upon execution and delivery of this Amendment No. 1 by Continental and the Subordination Agent, the Class D Trustee shall be a party to the Intercreditor Agreement as fully and with the same force and effect as if the Class D Trustee had originally executed and delivered a counterpart thereof (it being understood and agreed that the fifth and seventh "
Additional Party. AXA Equitable is hereby added as a party to the Agreement and the defined term "Company" shall be deemed to include AXA Equitable.
Additional Party. It is hereby agreed that, with effect from the Effective Date, the New Member shall be, and is hereby made, an additional party to the Principal Agreement and the Principal Agreement shall henceforth be construed in all respects as if references to the “Members” included reference to the New Member in addition to the Current Members.
Additional Party. CHS is hereby made a party to the Agreement. As used in the Agreement, the term "Company" shall collectively mean CMI and CHS, and the term "Health Power Companies" shall include CHS.
Additional Party. It is hereby agreed that, as and with effect from the Effective Date, the New Borrower shall be, and is hereby made, an additional party to, and an additional borrower (on a joint and several basis with the Original Borrowers) under, the Principal Agreement and the Principal Agreement shall henceforth be construed in all respects as if references to the “Borrowers” included reference to the New Borrower in addition to the Original Borrowers.
Additional Party. The preamble of the R&D Agreement shall be amended to include Opto-Device as a party to the R&D Agreement as amended by this Amendment and all references to “OpNext Japan” in the R&D Agreement shall be deemed to refer to both OpNext Japan and Opto-Device. For the avoidance of doubt, with respect to ownership of “OpNext Japan R&D IP” and “Jointly Developed Intellectual Property,” references to “OpNext Japan” shall be deemed to refer to OpNext Japan if OpNext Japan funded the development of such intellectual property or to Opto-Device if Opto-Device funded the development of such intellectual property. Where the R&D Agreement refers to the “parties” to the R&D Agreement, such term shall be interpreted as the context so requires (for instance, in certain provisions, such as those relating to expenses, the “parties” shall be deemed to refer to (i) Hitachi and OpNext Japan or (ii) Hitachi and Opto-Device).
Additional Party. The parties hereby agree that the Distributor shall be added as a party to the Agreement solely with respect to the receipt of AML Services (as defined in the Agreement) from Citi. For the avoidance of doubt, the Distributor shall receive such AML Services from Citi, but Citi shall not be liable in any ·way to the Distributor under the Agreement. Nothing herein affects Citi’s responsibilities or liabilities with respect to the Trusts and services provided to the Trusts.
Additional Party. GM is hereby executing this Amendment for purposes of becoming a party to the Original Agreement, as amended by this Amendment. From and after the date of this Amendment, GM shall be deemed to be a party to the Original Agreement, and from and after the date of this Amendment, GM and Distributor shall be jointly and severally liable to XM and Holdings for all obligations under the Original Agreement, as amended by this Amendment. XM and Holdings shall be jointly and severally liable to GM and Distributor for all obligations under the Original Agreement, as amended by this Amendment, provided, however, that any payments under Section 4 of the Original Agreement shall be paid by XM and Holdings only to Distributor, unless each of Distributor and GM direct Holdings and XM, in a writing signed by each of Distributor and GM and delivered to Holdings and XM at least five business days before the due date, to make all or part of the payments owing under Section 4 of the Original Agreement to GM in which case Holdings and XM shall be relieved and discharged from any obligation to make such payments to Distributor to the extent Holdings and XM make such payments to GM. Reasonably promptly following the execution of the New Credit Facility (or if no such facility is entered into within the 30 day period following the effectiveness of this Amendment, reasonably promptly following completion of such period), the parties hereto shall amend and restate the Original Agreement and the GM Credit Facility to combine them into one agreement, with GM and Distributor, on the one hand, and XM and Holdings, on the other, having joint and several rights and obligations (subject to the single payment obligation of Holdings and XM described above) thereunder, but such combination into one agreement shall not effect any other substantive changes to the agreement.
Additional Party. It is hereby agreed that, as and with effect from the Effective Date, the Q Arion Borrower shall be, and is hereby made, an additional party to:
(a) the Principal Agreement, as joint and several borrower with the Original Borrowers; and
(b) the Principal Swap Assignment, as joint and several assignor with the Original Borrowers, and the Principal Agreement and the Principal Swap Assignment shall henceforth be construed and treated in all respects as if references therein to “Borrowers” included reference to the Q Arion Borrower in addition to the Original Borrowers.
