Joinder of New Borrower. (a) The New Borrower hereby acknowledges, agrees and confirms that, by its execution of this Amendment, the New Borrower will be deemed to be a party to the Amended Credit Agreement and a “Borrower” for all purposes of the Amended Credit Agreement, and shall have all of the obligations of a Borrower thereunder as if it had executed the Amended Credit Agreement. The New Borrower hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions applicable to the Borrowers contained in the Amended Credit Agreement. Without limiting the generality of the foregoing, the parties hereto hereby confirm that with effect from the Fourth Amendment Effective Date, the New Borrower shall have obligations, duties and liabilities toward each of the other parties to the Amended Credit Agreement identical to those which the New Borrower would have had if the New Borrower had been an original party to the Amended Credit Agreement as a Borrower. The New Borrower hereby confirms its acceptance of, and consents to, all representations and warranties, covenants, and other terms and provisions of the Amended Credit Agreement.
(b) The Borrowers hereby request that the New Borrower become a Borrower under the Amended Credit Agreement and that the New Borrower be entitled to receive Revolving Loans under the Amended Credit Agreement. Effective as of the Fourth Amendment Effective Date, the Administrative Agent and each of the Revolving Lenders agrees to permit the New Borrower to receive Revolving Loans for its account, on the terms and conditions set forth in the Amended Credit Agreement; provided that no Loan Notices or Letter of Credit Application may be submitted by or on behalf of the New Borrower until the date that is five (5) Business Days after the Fourth Amendment Effective Date.
(c) The New Borrower hereby irrevocably appoints the Company as its agent for all purposes relevant to the Amended Credit Agreement and each of the other Loan Documents, including (i) the giving and receipt of notices, (ii) the execution and delivery of all documents, instruments and certificates contemplated thereunder and all modifications thereto, and (iii) the receipt of the proceeds of any Revolving Loans made by the Revolving Lenders, to the New Borrower thereunder. The New Borrower hereby acknowledges and agrees that any acknowledgment, consent, direction, certification or other action which might otherwise be valid or effective only if given or...
Joinder of New Borrower. Effective as of the date hereof, the New Borrower is, and shall be subject to and bound by, and shall be entitled to all the benefits of, the Loan Agreement, and shall be a party thereto, all as if the New Borrower had been a party to the original execution and delivery thereof; and all references in the Loan Agreement to a “Borrower” (or any other relevant term used to describe a Borrower thereunder) shall hereafter be deemed to be references to the New Borrower as well as to the existing Borrowers. The preamble to the Loan Agreement and any other applicable provisions therein shall hereafter be deemed to be modified to reflect the provisions of this paragraph. The Appendix I attached hereto shall be conclusive evidence that the New Borrower has been added to the Loan Agreement pursuant to this paragraph.
Joinder of New Borrower. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof:
(a) New Borrower hereby joins in, assumes, adopts and becomes a Borrower under the Credit Agreement and all other Financing Documents. All references to Borrower or Borrowers contained in the Financing Documents are hereby deemed for all purposes to also refer to and include New Borrower as a Borrower. Accordingly, New Borrower hereby agrees to be bound by all of the conditions, covenants, representations, warranties, and other agreements set forth in the Credit Agreement and the other Financing Documents, and hereby agrees to promptly execute all further documentation required by Agent or Lenders to be executed by New Borrower, consistent with the terms of the Credit Agreement and the other Financing Documents.
(b) Without limiting the generality of the provisions of subparagraph (a) above, New Borrower is thereby jointly and severally liable, along with all other Borrowers for all existing and future Loans and other Obligations incurred at any time by any one or more Borrowers under the Financing Documents.
Joinder of New Borrower. In accordance with the Credit Agreement, New Borrower by its signature below becomes a Borrower under the Credit Agreement with the same force and effect as if originally named therein as a Borrower, and New Borrower hereby agrees to all the terms and provisions of the Credit Agreement applicable to it as a Borrower thereunder. Each reference to a “Borrower” in the Credit Agreement shall be deemed to include New Borrower. The Credit Agreement is hereby incorporated herein by reference.
Joinder of New Borrower. With effect from the Effective Date:
Joinder of New Borrower. New Borrower agrees to, and does hereby, become a “Borrower” under the Credit Agreement and become bound by the Credit Agreement with the same force and effect as if it were an original party to the Credit Agreement.
Joinder of New Borrower. (a) The parties hereto agree that New Borrower shall from and hereafter be deemed a “Borrower”, a “Grantor” and an “Issuer”, for all purposes of the Credit Agreement and the other Loan Documents, as applicable. Accordingly, New Borrower hereby agrees to be bound by all of the conditions, covenants, representations, warranties, and other agreements set forth in the Credit Agreement and the other Loan Documents, and hereby agrees to promptly execute all further documentation required by Lenders to be executed by New Borrower, consistent with the terms of the Credit Agreement.
Joinder of New Borrower. If the Borrowers desire to request a Revolving Loan for the acquisition or development of Lots or construction of Units on Lots that are owned or to be purchased by a Subsidiary of one of the Borrowers which is not itself a Borrower, then before the Borrowers comply with Sections 6.3(a) and 6.3(b), the Borrowers and each such Subsidiary shall execute and deliver to the Administrative Agent a Joinder Agreement pursuant to which such Subsidiary shall become a Borrower hereunder and shall provide each of the deliveries listed in Section 6.1(b), including a favorable legal opinion addressed to the Agents and Lenders in form and substance satisfactory to the Agents, with respect to the joinder of such Subsidiary. The Borrowers and each such Subsidiary shall execute a sufficient number of original counterparts of the Joinder Agreement so that the Administrative Agent will have one fully executed original to deliver to each of the Lenders.
Joinder of New Borrower. In accordance with the Loan Agreement, New Borrower, by its signature below, becomes a Borrower under the Loan Agreement with the same force and effect as if 1 = 1 6361785.v7 6361785.v7
Joinder of New Borrower. The New Borrower hereby agrees that, from the First Amendment Effective Date, it shall become a Borrower under the Credit Agreement, and accordingly, agrees that from the First Amendment Effective Date and until the payment in full of all Obligations and the performance of all of its obligations thereunder, it shall perform, comply with and be bound by each of the provisions of the Credit Agreement.
