AMENDMENT WITH JOINDER EFFECTS. (a) In connection with this Amendment and (x) RBC becoming a Committed Lender on the date hereof, (y) RBC Funding Agent becoming a Funding Agent on the date hereof and (z) TBF becoming a Conduit Lender on the date hereof, the parties hereto acknowledge, agree and consent as follows: (i) by executing this Amendment, the Borrower, RBC (in its capacity as a Committed Lender), RBC Funding Agent (in its capacity as a Funding Agent), TBF (in its capacity as a Conduit Lender) and the Agent hereby agree that this Amendment is being delivered in lieu of a Joinder Agreement in the form attached to the Credit Agreement as Exhibit G (the “Form of Joinder Agreement”) and such parties intend to be bound to the same extent as if such a Joinder Agreement had been executed and delivered on the date hereof, with the information required to be included on Schedule I and Schedule II to such Joinder Agreement being set forth on Schedule I and Schedule II to this Amendment; (ii) each of the Borrower, the Servicer, the Manager, the Paying Agent, TBF, RBC and the RBC Funding Agent hereby agrees that this Amendment shall constitute and have the same effects as the receipt of the Joinder Effective Notice pursuant to the Form of Joinder Agreement, and (iii) from and after the date hereof, (I) RBC (which such date shall constitute the Joinder Effective Date under the Form of Joinder Agreement) shall be a Committed Lender party to the Credit Agreement for all purposes thereof having an initial Lender Group Percentage and Commitment, if applicable, as set forth in Schedule II hereto, (II) RBC Funding Agent (which such date shall constitute the Joinder Effective Date under the Form of Joinder Agreement) shall be the Funding Agent for the RBC Lender Group, and (III) TBF (which such date shall constitute the Joinder Effective Date under the Form of Joinder Agreement) shall be a Conduit Lender in the RBC Lender Group and party to the Credit Agreement for all purposes thereof. [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause competitive harm to the company if publicly disclosed.
AMENDMENT WITH JOINDER EFFECTS. (a) By executing and delivering a counterparty to this Amendment, FBPR agrees to become party to the Credit Agreement as a Funding Agent, as a Lender and as a Committed Lender with its Commitment set forth on Exhibit D to the Credit Agreement attached hereto as Exhibit A. As of the Fifth Amendment Effective Date, FBPR, as a Lender and as a Committed Lender, shall join in and be a party to the Credit Agreement, shall have the rights and obligations specified under the Credit Agreement and shall be bound by the Credit Agreement as a “Lender” and as a “Committed Lender” to the extent indicated therein. Each reference in the Credit Agreement or any other Transaction Document to a “Lender” or a “Committed Lender” shall (unless otherwise specified) include a reference to FBPR in such capacity.
