Common use of Joinder and Assumption of Obligations Clause in Contracts

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.

Appears in 2 contracts

Samples: Alternative Recapitalization Support Agreement (Catalyst Paper Corp), Alternative Recapitalization Support Agreement (Oaktree Capital Group Holdings GP, LLC)

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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, subject to Section 1(c) below: (i) join in the execution of, and become a party to, the Support Agreement as a Supporting Party Consenting Creditor thereunder, as indicated by with its signature below; (ii) subject to Sections 1(b)(ivsubsection (iii) and 1(c) of this Joinder Agreementbelow, be bound by all agreements of the Supporting Parties Consenting Creditors 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; and (iii) assume all rights and interests and perform all applicable duties and obligations of the Consenting Creditors under the Support Agreement other than those expressed therein to be solely the rights, interests, duties and obligations of the Initial Consenting Creditors; (b) subject to Section 1(c) below, confirms each representation and warranty of the Consenting Creditors under the Support 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; and (c) acknowledges and agrees that in respect of a Transfer pursuant to paragraph (C) of Section 4(b)(i), such Consenting Party shall be bound by the terms of the Support Agreement only in respect of the Relevant Debt or Other Affected Securities that are the subject of the Transfer and not in respect of any other YMI Securities.

Appears in 1 contract

Samples: Support Agreement

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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)(ivβ€Ž1(b)(iv) and 1(cβ€Ž1(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.

Appears in 1 contract

Samples: Alternative Recapitalization Support Agreement (Mudrick Capital Management, L.P.)

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