Guarantor Joinder Clause Samples
Guarantor Joinder. Wallaby Yogurt Company, Inc., a California corporation (the “New Guarantor”), hereby agrees to become a Guarantor pursuant to Section 7.10 of the Credit Agreement. Accordingly:
(a) the New Guarantor hereby acknowledges, agrees and confirms that, by its execution of this Amendment, it will be deemed to be a party to the Credit Agreement and a “Guarantor” for all purposes of the Credit Agreement, and shall have all of the obligations of a Guarantor thereunder as if it had executed the Credit Agreement. The New Guarantor hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions applicable to the Guarantors contained in the Credit Agreement. Without limiting the generality of the foregoing terms of this paragraph (a), the New Guarantor hereby jointly and severally together with the other Guarantors, guarantees to each Lender and the Administrative Agent, as provided in Article IV of the Credit Agreement, the prompt payment of the Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration, a mandatory cash collateralization or otherwise) strictly in accordance with the terms thereof; and
(b) the New Guarantor hereby acknowledges, agrees and confirms that, by its execution of this Amendment, it will be deemed to be a party to the Security Agreement, and shall have all the obligations of an “Obligor” (as such term is defined in the Security Agreement) thereunder as if it had executed the Security Agreement. The New Guarantor hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Security Agreement. Without limiting the generality of the foregoing terms of this paragraph (b), the New Guarantor hereby grants to the Administrative Agent, for the benefit of the holders of the Secured Obligations (as such term is defined in Section 1 of the Security Agreement), a continuing security interest in, and a right of set off against any and all right, title and interest of the New Guarantor in and to the Collateral (as such term is defined in Section 2 of the Security Agreement) of the New Guarantor in order to secure the prompt payment and performance in full when due, whether by lapse of time, acceleration, mandatory prepayment or otherwise, of the Secured Obligations (as defined in the Security Agreement).
(c) The New Guarantor hereby waives acceptance by the Administrative Agent and the Lenders of the guar...
Guarantor Joinder. ▇▇▇▇▇▇▇▇▇ joins in the execution of this Amendment as evidence of its knowledge of the provisions hereof and its consent to the modifications herein made. Guarantor does hereby confirm, ratify and reaffirm the obligations contained in its Guaranty Agreement, including with respect to the amendments contemplated hereby. Guarantor does further confirm that it has no right of set-off, counterclaim or defense to the obligations contained in the Guaranty Agreement. Any and all references in each Guaranty Agreement to any Loan Document shall hereinafter be deemed to be a reference to such document as amended hereby.
Guarantor Joinder. The joinder attached hereto duly executed by by IFC LLC (the “Guarantor”).
Guarantor Joinder. Each Person listed as a new guarantor on the signature pages hereto (each, an “Additional Guarantor”) hereby acknowledges, agrees and confirms that, by its execution of this Amendment, each such Additional Guarantor will be deemed to be a party to the Existing Credit Agreement (as amended hereby) and a “Guarantor” for all purposes of the Existing Credit Agreement (as amended hereby) and, shall have all of the obligations of a Guarantor thereunder as if it had executed the Existing Credit Agreement. Each Additional Guarantor hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions applicable to the Guarantors contained in the Existing Credit Agreement (as amended hereby). Without limiting the generality of the foregoing terms of this Part 4, each Additional Guarantor hereby, jointly and severally together with the other Guarantors, guarantees to each Lender and the Administrative Agent, the prompt payment and performance of the Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) strictly in accordance with the terms thereof.
Guarantor Joinder. Each guarantor hereunder joins in the execution of this Agreement as evidence of its acknowledgment of the provisions hereof and its agreement to be bound by the covenants made by such guarantor hereunder.
Guarantor Joinder. The Administrative Agent shall have received an executed Assumption Agreement from In the Swim Holding Corp., a Delaware corporation, ITS Holding I Corporation, a Delaware corporation, Cortz, Inc., an Illinois corporation, Pool Parts, Inc., a Delaware corporation, SPP Holding Corporation, a Delaware corporation, Hot Tub Works, LLC, a Delaware limited liability company and ▇▇▇▇▇▇▇▇▇▇.▇▇▇, Inc., a Virginia corporation (the “Additional Guarantors”) and evidence satisfactory to the Administrative Agent that all other actions required to perfeect the security interests under the Loan Documents in the Collateral of the Additional Guarantors shall have been taken to the extent required by the Loan Documents.
Guarantor Joinder. Effective immediately upon consummation of the REIT Merger, AF REIT hereby elects to be a “Guarantor” for all purposes of the Credit Agreement. AF REIT confirms that each of the representations and warranties set forth in Section 6 of the Credit Agreement in respect of a Guarantor are true and correct in all material respects (where not already qualified by materiality or Material Adverse Effect, otherwise in all respects) as to AF REIT as of the Second Amendment Closing Date and AF REIT shall comply with and perform each of the covenants and obligations set forth in, and to be bound in all respects by the terms of, the Credit Agreement that are applicable to a Guarantor, including, without limitation, the provisions of Sections 8 and 13 of the Credit Agreement that are applicable to a Guarantor, in each case, to the same extent and with the same force and effect as if AF REIT were a signatory party thereto. All references to “ARC REIT” and/or “Guarantor” contained in the Credit Agreement and the other Loan Documents (other than any representation or warranty that was expressly stated to have been made as of a specific date prior to the date of the REIT Merger) shall, from and after consummation of the REIT Merger, be deemed to refer to AF REIT.
Guarantor Joinder. In accordance with Section 6.13(c) of the Credit Agreement, each New Guarantor by its signature below becomes a Guarantor under the Credit Agreement with the same force and effect as if originally named therein as a Guarantor, and each New Guarantor hereby agrees to all the terms and provisions of the Credit Agreement applicable to it as a Guarantor thereunder. Each reference to a "Guarantor" in the Credit Agreement or any other Loan Document shall be deemed to include each New Guarantor. The Credit Agreement is hereby incorporated herein by reference.
Guarantor Joinder. This GUARANTOR JOINDER (the “Joinder”) is made and entered into as of the day of , 20 by and among , a (“Subsidiary”), FERROGLOBE PLC, a public limited company organized under the laws of England and Wales (the “Borrower”), the undersigned existing GUARANTORS (the “Existing Guarantors” and together with the Borrower the “Existing Debtors”) and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent. All capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed thereto in the Credit Agreement (as hereinafter defined).
Guarantor Joinder a joinder by a Person as a Guarantor under the Loan Documents in the form of Exhibit 1.1(G).