Inclusion of Energy Services Group. Each Lender acknowledges that it is currently considering consenting to the inclusion of Headwaters Energy Services Corporation and each of its Subsidiaries as Borrowers hereunder. Each Borrower acknowledges and agrees that the consent of each Lender to include such Persons as Borrowers hereunder would be in the sole discretion of each Lender and would be subject to completion of business and legal due diligence by each Lender and approval of each Lender’s credit committee (for clarification, the inclusion of such Persons as Borrowers shall require the consent of all Lenders). Nothing contained in this Section 14.19 shall constitute a commitment by any Lender, or an agreement to deliver such a commitment.
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Samples: Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc)
Inclusion of Energy Services Group. Each Lender acknowledges that it is currently considering consenting to the inclusion of Headwaters Energy Services Corporation and each of its Subsidiaries as Borrowers hereunder. Each Borrower acknowledges and agrees that the consent of each Lender to include such Persons as Borrowers hereunder would be in the sole discretion of each Lender and would be subject to completion of business and legal due diligence by each Lender and approval of each Lender’s credit committee (for clarification, the inclusion of such Persons as Borrowers shall require the consent of all Lenders). Nothing contained in this Section 14.19 shall constitute a commitment by any Lender, or an agreement to deliver such a commitment. HEADWATERS RESOURCES, INC., and BANK OF AMERICA, N.A.,
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