Common use of Joinder of Additional Guarantors Clause in Contracts

Joinder of Additional Guarantors. The Pledgors shall cause each Canadian Subsidiary of the Borrower or the Pledgor which, from time to time, after the date hereof shall be required to pledge any assets to the Collateral Agent for the benefit of the Secured Parties pursuant to the provisions of the Credit Agreement, (a) to execute and deliver to the Collateral Agent (i) a Canadian Joinder Agreement substantially in the form of Exhibit 3 annexed hereto within thirty (30) Business Days on which it was acquired or created and (ii) a Perfection Certificate, in each case, within thirty (30) Business Days of the date on which it was acquired or created or (b) in the case of a Subsidiary organized outside of Canada required to pledge any assets to the Collateral Agent pursuant to the Credit Agreement, execute and deliver such documentation as the Collateral Agent shall reasonably request and, in each case, upon such execution and delivery, such Subsidiary shall constitute a "Guarantor" and a "Pledgor" for all purposes hereunder with the same force and effect as if originally named as a Guarantor and Pledgor herein. The execution and delivery of such Canadian Joinder Agreement shall not require the consent of any Pledgor hereunder. The rights and obligations of each Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor and Pledgor as a party to this Agreement.

Appears in 2 contracts

Samples: Canadian Security Agreement (Norcraft Companies Lp), Canadian Security Agreement (Norcraft Companies Lp)

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Joinder of Additional Guarantors. The Pledgors shall cause each Canadian U.S. Subsidiary of the Canadian Borrower and any entity organized under the laws of the United States or the Pledgor any state thereof that becomes a Succeeding Holdco which, from time to time, after the date hereof shall be required to pledge any assets to the Collateral Administrative Agent for the benefit of the Secured Parties hereunder pursuant to the provisions of the Credit Agreement, (a) to execute and deliver to the Collateral Administrative Agent (i) a Canadian Joinder Agreement substantially in the form of Exhibit 3 annexed hereto within thirty (30) Business Days on which it was acquired or created (or ten (10) days in the case of a Succeeding Holdco) and (ii) a Perfection Certificate, in each case, within thirty (30) Business Days of the date on which it was acquired or created (or ten (b10) days in the case of a Subsidiary organized outside of Canada required to pledge any assets to the Collateral Agent pursuant to the Credit Agreement, execute and deliver such documentation as the Collateral Agent shall reasonably request Succeeding Holdco) and, in each case, upon such execution and delivery, such Subsidiary shall constitute a "“U.S. Guarantor" and a "Pledgor" for all purposes hereunder with the same force and effect as if originally named as a U.S. Guarantor and Pledgor herein. The execution and delivery of such Canadian Joinder Agreement shall not require the consent of any Pledgor hereunder. The rights and obligations of each Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new U.S. Guarantor and Pledgor as a party to this Agreement.

Appears in 1 contract

Samples: u.s. Security Agreement (Bombardier Recreational Products Inc.)

Joinder of Additional Guarantors. The Pledgors shall cause each Canadian Subsidiary of the Canadian Borrower and any entity that becomes a Succeeding Holdco, having assets or the Pledgor a chief executive office, registered office, principal place of business or domicile, as applicable, in Canada and which, from time to time, after the date hereof shall be required to pledge any assets to the Collateral Administrative Agent for the benefit of the Secured Parties pursuant to the provisions of the Credit Agreement, (a) to execute and deliver to the Collateral Administrative Agent (i) a Canadian Joinder Agreement substantially in the form of Exhibit 3 annexed hereto within thirty (30) Business Days on which it was acquired or created and (ii) a Perfection Certificate, in each case, within thirty (30) Business Days days of the date on which it such Subsidiary was acquired or created (or ten (b10) days in the case of a Subsidiary organized outside of Canada required to pledge any assets to the Collateral Agent pursuant to the Credit Agreement, execute and deliver such documentation as the Collateral Agent shall reasonably request Succeeding Holdco) and, in each case, upon such execution and delivery, such Subsidiary shall constitute a "Guarantor" and a "Pledgor" for all purposes hereunder with the same force and effect as if originally named as a Guarantor and Pledgor herein. The execution and delivery of such Canadian Joinder Agreement shall not require the consent of any Pledgor hereunder. The rights and obligations of each Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor and Pledgor as a party to this Agreement.

Appears in 1 contract

Samples: Canadian Security Agreement (Bombardier Recreational Products Inc.)

Joinder of Additional Guarantors. The Pledgors shall cause each Canadian Subsidiary of the Borrower or the Pledgor Company which, from time to time, after the date hereof shall be required to pledge any assets to the Collateral Agent Trustee for the benefit of the Secured Parties pursuant to the provisions of the Credit AgreementIndenture, (a) to execute and deliver to the Collateral Agent Trustee (i) a Canadian Joinder Agreement substantially joinder agreement in form and substance reasonably acceptable to the form of Exhibit 3 annexed hereto Collateral Trustee within thirty (30) Business Days of the date on which it was acquired or created and (ii) a Perfection Certificate, in each case, within thirty (30) Business Days of the date on which it was acquired or created or (b) in the case of a Subsidiary organized outside of Canada the United States required to pledge any assets to the Collateral Agent pursuant Trustee, to the Credit Agreement, execute and deliver such documentation as the Collateral Agent Trustee shall reasonably request and, in each case, upon such execution and delivery, such Subsidiary shall constitute a "Guarantor" and a "Pledgor" ,” for all purposes hereunder with the same force and effect as if originally named as a Guarantor and Pledgor herein. The execution and delivery of such Canadian Joinder Agreement joinder agreements shall not require the consent of any Pledgor hereunder. The rights and obligations of each Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor and Pledgor as a party to this Agreement.

Appears in 1 contract

Samples: Second Lien Pledge and Security Agreement (Builders FirstSource, Inc.)

Joinder of Additional Guarantors. The Pledgors shall cause each Canadian Subsidiary of the Borrower or the Pledgor which, from time to time, after the date hereof Amendment and Restatement Effective Date shall be required to pledge any assets to the Collateral Agent for the benefit of the respective Secured Parties pursuant to the provisions of the Credit Agreement, (a) in the case of a Subsidiary organized in the United States, to execute and deliver to the Collateral Agent (i) a Canadian Joinder Agreement substantially in the form of Exhibit 3 annexed hereto within thirty (30) Business Days (or such longer period agreed to by the Collateral Agent in its sole discretion) of the date on which it was acquired or created and (ii) a Perfection Certificate, in each case, within thirty (30) Business Days (or such longer period agreed to by the Collateral Agent in its sole discretion) of the date on which it was acquired or created created, or (b) in the case of a Subsidiary organized outside of Canada the United States required to pledge any assets to the Collateral Agent pursuant Agent, to the Credit Agreement, execute and deliver such documentation as the Collateral Agent shall reasonably request and, in each case, upon such execution and delivery, such Subsidiary shall constitute a "Guarantor" and a "Pledgor" for all purposes hereunder with the same force and effect as if originally named as a Guarantor and Pledgor herein. The execution and delivery of such Canadian Joinder Agreement Agreements shall not require the consent of any Pledgor hereunder. The rights and obligations of each Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor or Borrower and Pledgor as a party to this Agreement.

Appears in 1 contract

Samples: Pledge and Security Agreement (PGT, Inc.)

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Joinder of Additional Guarantors. The Pledgors shall cause each Canadian Subsidiary of the Borrower or the Pledgor which, from time to time, after the date hereof shall be required to pledge any assets to the Collateral Agent Trustee for the benefit of the Secured Parties pursuant to the provisions of the Credit Agreement, (a) to execute and deliver to the Collateral Agent Trustee (i) a Canadian Joinder Agreement substantially in the form of Exhibit 3 annexed hereto within thirty (30) Business Days of the date on which it was acquired or created and (ii) a Perfection Certificate, in each case, within thirty (30) Business Days of the date on which it was acquired or created or (b) in the case of a Subsidiary organized outside of Canada the United States required to pledge any assets to the Collateral Agent pursuant Trustee, to the Credit Agreement, execute and deliver such documentation as the Collateral Agent Trustee shall reasonably request and, in each case, upon such execution and delivery, such Subsidiary shall constitute a "Guarantor" and a "Pledgor" ", for all purposes hereunder with the same force and effect as if originally named as a Guarantor and Pledgor herein. The execution and delivery of such Canadian Joinder Agreement Agreements shall not require the consent of any Pledgor hereunder. The rights and obligations of each Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor and Pledgor as a party to this Agreement.

Appears in 1 contract

Samples: Pledge and Security Agreement (Builders FirstSource, Inc.)

Joinder of Additional Guarantors. The Pledgors shall cause each Subsidiary that is organized or existing under any Canadian Subsidiary of the Borrower or the Pledgor jurisdiction which, from time to time, after the date hereof shall be required to pledge any assets to the Collateral Agent for the benefit of the Secured Parties pursuant to the provisions of the Credit any Secured Agreement, (a) to execute and deliver to the Collateral Agent (i) a Canadian Joinder Agreement substantially in the form of Exhibit 3 annexed hereto within thirty (30) Business Days on which it was acquired or created and (ii) a Perfection Certificate, in each case, within thirty (30) Business Days of the date on which it was acquired or created Certificate or (b) in the case of a Subsidiary organized outside of Canada required to pledge any assets to the Collateral Agent pursuant Agent, to the Credit Agreement, execute and deliver to the Collateral Agent such documentation as the Collateral Agent shall reasonably request (it being understood that the documentation required by the First Lien Collateral Agent shall be deemed sufficient by the Collateral Agent) and, in each casecase with respect to clauses (a) and (b) above, upon such execution and delivery, such Subsidiary shall constitute a "Guarantor" and a "Pledgor" for all purposes hereunder with the same force and effect as if originally named as a Guarantor and Pledgor herein. The execution and delivery of such Canadian Joinder Agreement shall not require the consent of any Pledgor hereunder. The rights and obligations of each Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor and Pledgor as a party to this Agreement.

Appears in 1 contract

Samples: Canadian Second Lien Security Agreement (Norcraft Holdings, L.P.)

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