Common use of Assumption and Joinder Clause in Contracts

Assumption and Joinder. The Company hereby expressly confirms that it hereby agrees to perform and observe, each and every one of the covenants and agreements and hereby assumes the obligations and liabilities of (i) a Guarantor under the Credit Agreement applicable to it as a Guarantor thereunder, (ii) a Guarantor under the Intercreditor Agreement applicable to it as a Guarantor thereunder [and (iii) a Grantor under [the SGR Security Agreement/Security Agreement/other Collateral Document, as applicable] (any such applicable documents, a “Company Security Document”)]1, in each case applicable to it as a Grantor thereunder. By virtue of the foregoing, the Company hereby accepts and assumes any liability of (w) a Guarantor related to each representation or warranty, covenant or obligation 1 Include reference to applicable security documents to the extent that the Company intends to pledge collateral contemporaneous with the delivery of this Assumption Agreement. made by a Guarantor in the Credit Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company (x) a Guarantor related to each representation or warranty, covenant or obligation made by a Guarantor in the Intercreditor Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company, [and (y) a Grantor related to each representation or warranty, covenant or obligation made by a Grantor in each Company Security Document, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company] and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company.

Appears in 1 contract

Samples: Second Lien Term Loan and Guaranty Agreement (Delta Air Lines Inc /De/)

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Assumption and Joinder. The Company hereby expressly confirms that it hereby agrees to perform and observe, each and every one of the covenants and agreements and hereby assumes the obligations and liabilities of [(i) )] a Guarantor under the Credit Agreement applicable to it as a Guarantor thereunder, [and (ii) a Guarantor under the Intercreditor Agreement applicable to it Grantor [an Account Grantor] [a Ground Support Equipment Grantor] [a Tooling Grantor] [ a Flight Simulator Grantor] [Additional FSE Grantor] and/or Xxxxxxx, as a Guarantor thereunder [and (iii) a Grantor applicable, under [the SGR Security Agreement/Security Agreement/other Collateral Document, as applicable] (any such applicable documents, a “Company Security Document”)]1, Document”) in each case applicable to it as a Grantor thereunder. thereunder].3 By virtue of the foregoing, the Company hereby accepts and assumes any liability of [(w) x)] a Guarantor related to each representation or warranty, covenant or obligation 1 Include reference to applicable security documents to the extent that the Company intends to pledge collateral contemporaneous with the delivery of this Assumption Agreement. made by a Guarantor in the Credit Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply 3 Include reference to applicable Collateral Documents to the extent that the Company (x) a Guarantor related intends to each representation or warranty, covenant or obligation made by a Guarantor in pledge collateral contemporaneous with the Intercreditor Agreement, and hereby expressly affirms in all material respects, as delivery of this Assumption Agreement the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company, [and (y) a Grantor [an Account Grantor] [a Ground Support Equipment Grantor] [a Tooling Grantor] [ a Flight Simulator Grantor] [Additional FSE Grantor] and/or Xxxxxxx, as applicable, related to each representation or warranty, covenant or obligation made by a Grantor [an Account Grantor] [a Ground Support Equipment Grantor] [a Tooling Grantor] [ a Flight Simulator Grantor] [Additional FSE Grantor] in each Company Security Document, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company] and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company].

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Assumption and Joinder. The Company hereby expressly confirms that it hereby agrees to perform and observe, each and every one of the covenants and agreements and hereby assumes the obligations and liabilities of (i) a Guarantor under the Credit Agreement applicable to it as a Guarantor thereunder, (ii) a Guarantor under the Intercreditor Agreement applicable to it as a Guarantor thereunder [and (iii) a Grantor under [the SGR Security Agreement/Security Agreement/other Collateral Document, as applicable] (any such applicable documents, a “Company Security Document”)]1, in each case applicable to it as a Grantor thereunder. By virtue of the foregoing, the Company hereby accepts and assumes any liability of (w) a Guarantor related to each representation or warranty, covenant or obligation 1 Include reference to applicable security documents to the extent that the Company intends to pledge collateral contemporaneous with the delivery of this Assumption Agreement. made by a Guarantor in the Credit Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company Company, (x) a Guarantor related to each representation or warranty, covenant or obligation made by a Guarantor in the Intercreditor Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company, [and (y) a Grantor related to each representation or warranty, covenant or obligation made by a Grantor in each Company Security Document, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company] and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company.

Appears in 1 contract

Samples: First Lien Revolving Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Assumption and Joinder. The Company hereby expressly confirms that it hereby agrees to perform and observe, each and every one of the covenants and agreements and hereby assumes the obligations and liabilities of [(i) )] a Guarantor under the Credit Agreement applicable to it as a Guarantor thereunder, (ii) a Guarantor under the Intercreditor Agreement applicable to it as a Guarantor thereunder [and (iiiii) a Grantor under [the SGR Security Agreement/Security Agreement/other Collateral Document, as applicable] (any such applicable documents, a “Company Security Document”)]1, Document”) in each case applicable to it as a Grantor thereunder. ] By virtue of the foregoing, the Company hereby accepts and assumes any liability of (w) a Guarantor related to each representation or warranty, covenant or obligation 1 Include reference to applicable security documents to the extent that the Company intends to pledge collateral contemporaneous with the delivery of this Assumption Agreement. made by a Guarantor in the Credit Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company [(x) )] a Guarantor related to each representation or warranty, covenant or obligation made by a Guarantor in the Intercreditor Credit Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company, [and (y) a Grantor related to each representation or warranty, covenant or obligation made by a Grantor in each Company Security Document, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company] and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company. 1 Include reference to applicable Collateral Documents to the extent that the Company intends to pledge collateral contemporaneous with the delivery of this Assumption Agreement.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

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Assumption and Joinder. The Company hereby expressly confirms that it hereby agrees to perform and observe, each and every one of the covenants and agreements and hereby assumes the obligations and liabilities of [(i) )] a Guarantor under the Credit Agreement applicable to it as a Guarantor thereunder, [and (ii) a Guarantor under Grantor [an Account Grantor] [an Additional Grantor (used herein as defined in the Intercreditor Agreement applicable to it Aircraft Mortgage)] and/or Pledgor, as a Guarantor thereunder [and (iii) a Grantor applicable, under [the Security Agreement, SGR Security Agreement/Security Agreement/, Aircraft Mortgage or other Collateral Document, as applicable] (any such applicable documents, a “Company Security Document”)]1, Document”) in each case applicable to it as a Grantor thereunder. thereunder].1 By virtue of the foregoing, the Company hereby accepts and assumes any liability of (w) a Guarantor related to each representation or warranty, covenant or obligation 1 Include reference to applicable security documents to the extent that the Company intends to pledge collateral contemporaneous with the delivery of this Assumption Agreement. made by a Guarantor in the Credit Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company [(x) )] a Guarantor related to each representation or warranty, covenant or obligation made by a Guarantor in the Intercreditor Credit Agreement, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company, [and (y) a Grantor [an Account Grantor] [an Additional Grantor] [and/or Pledgor], as applicable, related to each representation or warranty, covenant or obligation made by a Grantor [an Account Grantor] [an Additional Grantor] [and/or Pledgor] in each Company Security Document, and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company] and hereby expressly affirms in all material respects, as of the date hereof, each of such representations, warranties, covenants and obligations as they apply to the Company].

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

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