Joinder and Assumption of Obligations. Effective as of the date of this Joinder, the New Guarantor hereby acknowledges that the New Guarantor has received and reviewed a copy of the Credit Agreement, the Facility Guaranty, the Security Documents and the other Loan Documents, and hereby:
(a) joins in the execution of, and becomes a party to, the Credit Agreement, the Facility Guaranty, the applicable Security Documents (as a “Grantor” as defined therein), and each of the other Loan Documents as a Guarantor thereunder, as indicated with its signature below;
(b) covenants and agrees to be bound by all covenants, agreements, liabilities and acknowledgments of a Guarantor under the Credit Agreement, the Facility Guaranty, the applicable Security Documents and each of the other Loan Documents as of the date hereof (other than covenants, agreements, liabilities and acknowledgments that relate solely to an earlier date), in each case, with the same force and effect as if such New Guarantor was a signatory to the Credit Agreement, the Facility Guaranty, the applicable Security Documents and each of the other Loan Documents and was expressly named as a Guarantor (or “Grantor” as applicable) therein;
(c) makes all representations, warranties, and other statements of a Guarantor under the Credit Agreement, the Facility Guaranty, the applicable Security Documents and each of the other Loan Documents, as of the date hereof (other than representations, warranties and other statements that relate solely to an earlier date), in each case, with the same force and effect as if such New Guarantor was a signatory to the Credit Agreement, the Facility Guaranty, the applicable Security Documents and each of the other Loan Documents and was expressly named as a Guarantor therein (or “Grantor” as applicable); and
(d) assumes and agrees to perform all applicable duties and Obligations of a Guarantor under the Credit Agreement, the Facility Guaranty, the applicable Security Documents and each of the other Loan Documents.
Joinder and Assumption of Obligations. Effective as of the First Amendment Effective Date (which shall have the meaning set forth in Section 1(d) above), the New Borrower hereby acknowledges that it has received and reviewed a copy of the Credit Agreement, the Security Agreement and the other Loan Documents, and hereby:
(a) joins in the execution of, and becomes a party to, the Credit Agreement, the Security Agreement and the other Loan Documents as a Borrower (and, in the case of the Security Agreement, a Grantor) thereunder, as indicated with its signature below;
(b) covenants and agrees to be bound by all covenants, agreements, liabilities and acknowledgments of a Borrower under the Credit Agreement, the Security Agreement and the other Loan Documents as of the date hereof, in each case, with the same force and effect as if the New Borrower was a signatory to the Credit Agreement, the Security Agreement and the other Loan Documents and was expressly named as a Borrower (and, in the case of the Security Agreement, a Grantor) therein;
(c) makes all representations and warranties of a Borrower under the Credit Agreement, the Security Agreement and the other Loan Documents, as of the date hereof, in each case, with the same force and effect as if the New Borrower was a signatory to the Credit Agreement, the Security Agreement and the other Loan Documents and was expressly named as a Borrower (and, in the case of the Security Agreement, a Grantor) therein (except any such representations and warranties made in any Loan Document “as of the Effective Date” shall be deemed made, with respect to the New Borrower only, as of the First Amendment Effective Date);
(d) confirms that it has assumed all of the Obligations of a Borrower under the Credit Agreement and each of the Loan Documents, and agrees to pay, perform, observe and maintain in full force and effect, all of the Obligations of a Borrower thereunder. The New Borrower agrees to honor, perform and comply with, in all respects, all terms and provisions of all of the Loan Documents to the same extent as if the New Borrower was named as a Borrower therein as of the date of execution thereof; and
(e) together with the Existing Borrower, each acknowledge that the Obligations are due and owing to the Agent and the Lenders under the Loan Documents, in accordance with their terms to the same extent and the same manner as if the New Borrower was the original Borrower, and shall not be subject to any defense or setoff, counterclaim, recoupment or termina...
Joinder and Assumption of Obligations. Effective as of the date of this Joinder Agreement, the Consenting Party hereby acknowledges that the Consenting Party has received and reviewed a copy of the Support Agreement, and hereby:
(a) acknowledges and agrees to:
(i) join in the execution of, and become a party to, the Support Agreement as a Supporting Party thereunder, as indicated by its signature below;
(ii) subject to Sections 1(a)(iii) and 1(b), be bound by all agreements of the Supporting Parties under the Support Agreement with the same force and effect as if such Consenting Party was a signatory to the Support Agreement as a Supporting Party and was expressly named as a Party therein; and
(iii) assume all rights and interests and perform all applicable duties and obligations of the Supporting Parties under the Support Agreement; and
(b) confirms, as to itself only on a several and not joint basis, each representation and warranty of the Supporting Parties under the Support Agreement, as of the date of this Joinder Agreement, with the same force and effect as if such Consenting Party was a signatory to the Support Agreement and was expressly named as a party therein.
Joinder and Assumption of Obligations. Effective as of the Joinder Effective Date (as defined below) and subject to the terms and conditions set forth in this Joinder and in the Credit Agreement, the New Line of Credit Lender acknowledges and agrees:
a. to join in the execution of, and become a party to, the Credit Agreement as a Line of Credit Lender, as indicated with its signature below;
b. to be bound by all representations, warranties, covenants, agreements, liabilities and acknowledgments of a Line of Credit Lender under the Credit Agreement and the other Loan Documents, in each case, with the same force and effect as if such New Line of Credit Lender was a signatory to the Credit Agreement and the other Loan Documents and was expressly named as a Line of Credit Lender therein;
c. to have all rights and obligations of a Line of Credit Lender under the Credit Agreement and other Loan Documents.
Joinder and Assumption of Obligations. Effective as of the date of this Joinder, the Additional Borrower hereby acknowledges that the Additional Borrower has received and reviewed a copy of the Credit Agreement, the Environmental Agreement and each other Loan Document, and hereby acknowledges, covenants and agrees to:
(a) join in the execution of, and become a party to, the Credit Agreement as a Borrower thereunder, and the Environmental Agreement as an Obligor thereunder, as indicated with its signature below;
(b) be bound by all representations, warranties, covenants, agreements, liabilities and acknowledgments of the Existing Borrower under the Credit Agreement, the Environmental Agreement and the other Loan Documents, in each case, with the same force and effect as if such Additional Borrower was a signatory to the Credit Agreement, the Environmental Agreement and the other Loan Documents and was expressly named as a Borrower or Obligor therein; and
(c) assume all rights and interests and perform all applicable duties and Obligations of the Existing Borrower under the Credit Agreement, the Environmental Agreement and the other Loan Documents, jointly and severally with each Existing Borrower.
Joinder and Assumption of Obligations. Effective as of the date of this Joinder Agreement, the Consenting Party hereby acknowledges that the Consenting Party has received and reviewed a copy of the Support Agreement, understands the Support Agreement and hereby:
(a) represents and warrants that it is the sole legal and beneficial owner of the Relevant Notes and the number of Shares set forth on the signature page hereto or has the sole investment and voting discretion with respect to the principal amount of Relevant Notes and number of Shares therein indicated;
(b) acknowledges and agrees to:
(i) join in the execution of, and become a party to, the Support Agreement as a Supporting Party thereunder, as indicated by its signature below;
(ii) subject to Sections 1(b)(iv) and 1(c) of this Joinder Agreement, be bound by all agreements of the Supporting Parties under the Support Agreement with the same force and effect as if such Consenting Party was a signatory to the Support Agreement as a Supporting Party and was expressly named as a party therein;
(iii) if the Relevant Securities have been acquired from a transferor, to be bound by the vote of the transferor if cast prior to the effectiveness of the transfer of the Relevant Securities; and
(iv) assume all rights and interests and perform all applicable duties and obligations of the Supporting Parties under the Support Agreement; and
(c) confirms, as to itself only on a several and not joint basis, each representation and warranty of the Supporting Parties under the Support Agreement, as of the date of this Joinder Agreement, with the same force and effect as if such Consenting Party was a signatory to the Support Agreement and was expressly named as a party therein.
Joinder and Assumption of Obligations. Effective as of the date of this Joinder, the New [Borrower/Facility Guarantor] hereby acknowledges that the New [Borrower/Facility Guarantor] has received and reviewed a copy of the Credit Agreement and the other Loan Documents, and acknowledges and agrees to:
a. join in the execution of, and become a party to, the Credit Agreement and the other Loan Documents as a [Borrower/Facility Guarantor], as indicated with its signature below;
b. be bound by all representations, warranties, covenants, agreements, liabilities and acknowledgments of a [Borrower/Facility Guarantor] under the Credit Agreement and the other Loan Documents, in each case, with the same force and effect as if such New [Borrower/Facility Guarantor] was a signatory to the Credit Agreement and the other Loan Documents and was expressly named as a [Borrower/Facility Guarantor] therein; and
c. assume all rights and interests and perform all applicable duties and Obligations under the Credit Agreement and the other Loan Documents.
Joinder and Assumption of Obligations. Effective as of the date of this Joinder, the New [Borrower/Guarantor] hereby acknowledges that the New [Borrower/Guarantor] has received and reviewed a copy of the Credit Agreement, and hereby:
Joinder and Assumption of Obligations. Effective as of the date of this Joinder, the New Borrower hereby acknowledges that the New Borrower has received and reviewed a copy of the Credit Agreement and the other Loan Documents, and acknowledges and agrees to:
(a) join in the execution of, and become a party to, the Credit Agreement as a Borrower thereunder, as indicated with its signature below;
(b) be bound by all representations, warranties, covenants, agreements, liabilities and acknowledgments of the Existing Facility Guarantors under the Credit Agreement and the other Loan Documents, in each case, with the same force and effect as if such New Borrower was a signatory to the Credit Agreement and the other Loan Documents and was expressly named as a Borrower therein;
(c) assume all rights and interests and perform all applicable duties and Obligations of the Existing Borrowers under the Credit Agreement and the other Loan Documents; and
(d) upon request, execute and deliver to each requesting Lender a promissory note substantially in the form of Exhibit B to the Credit Agreement.
Joinder and Assumption of Obligations. Effective as of the date of this Joinder, the New Facility Guarantor hereby acknowledges that the New Facility Guarantor has received and reviewed a copy of the Credit Agreement, and acknowledges and agrees to:
