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. 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 originally named therein as a Borrower, and New Borrower hereby agrees to all the terms and provisions of the Loan Agreement applicable to it as a Borrower thereunder. Each reference to a “Borrower” in the Loan Agreement shall be deemed to include New Borrower. The Loan Agreement is hereby incorporated herein by reference.
Joinder of New Borrower. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof:
Joinder of New Borrower. The Borrower signatory below (“New Borrower”) acknowledges, agrees and confirms that, by its execution of this Amendment No. 1, such New Borrower shall become a party to the Existing Credit Agreement (as amended by Amendment No. 1) (as so amended, the “Credit Agreement”) and the Environmental Indemnity as a “Borrower” as of the date hereof and shall have all of the rights and obligations of a “Borrower” thereunder as if such Borrower had executed the Credit Agreement on the Restatement Date. New Borrower hereby ratifies, as of the date hereof, and agrees to be bound as a “Borrower” by, all of the terms, provisions and conditions contained in the Credit Agreement and the Environmental Indemnity. New Borrower hereby makes each of the representations and warranties and agrees to each of the covenants applicable to a Borrower contained in the Credit Agreement. From and after the date hereof, all references in the Loan Documents to the “Borrowers” shall for all purposes be deemed to include the undersigned New Borrower. Without limiting the forgoing, New Borrower hereby appoints and authorizes the Borrower Representative to act as its representative in accordance with the Credit Agreement and each of the other Loan Documents. CHARLESTON XXXXX HOUSE HOTEL, L.L.C. By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President
Joinder of New Borrower. (a) Mesaba hereby (a) confirms that it has received a copy of the Credit Agreement, as amended by this Amendment, the other Financing Documents executed in connection therewith and such other documents and information as it has deemed appropriate and (b) agrees that it will be bound by the provisions of the Credit Agreement, as amended by this Amendment, and will perform in accordance with its terms all the obligations which by the terms of the Credit Agreement are required to be performed by it as a Borrower.
Joinder of New Borrower. By its signature below and subject to the satisfaction of the conditions set forth herein, Brands becomes a Borrower under the Credit Agreement with the same force and effect as if originally named therein as a Borrower, and Brands hereby agrees to all the terms and provisions of the Credit Agreement applicable to it as a Borrower thereunder. Each reference to “Borrower” or “Borrowers” in the Credit Agreement shall be deemed to include Brands. Upon the effectiveness of the joinder of Brands to the Loan Agreement, Brands shall be directly and primarily liable as a Borrower for all of the Obligations now or hereafter owing under the Credit Agreement and the other Credit Documents, and concurrently therewith, Brands shall without further action cease to constitute a Subsidiary Guarantor with respect to such Obligations under the Credit Agreement and the other Credit Documents. The Obligations owing by Brands shall henceforth be evidenced by the Credit Agreement and the Notes and the Subsidiary Guaranty previously executed by Brands shall be released and of no further force or effect. The parties hereto agree to execute and deliver such instruments, assignments or documents as are necessary under Applicable Law to give effect to or carry out the intent and purposes of the joinder of Brands as a Borrower and concurrent cessation of Brands as a separate Subsidiary Guarantor.
Joinder of New Borrower. The New Borrower hereby joins in the Loan Agreement, the Obligations thereunder, the Notes and all other Loan Documents as a joint and several obligor thereunder and party thereto, subject to all the terms and provisions thereof. Without limiting the foregoing, the New Borrower expressly agrees to be jointly and severally liable for all fees under the Loan Agreement and all other amounts of principal and charges which may be due thereunder, and hereby ratifies all actions heretofore taken, and all obligations incurred by the Existing Borrowers under the Loan Agreement and the other Loan Documents executed in connection therewith.
Joinder of New Borrower. (a) AMCON Acquisition hereby (a) confirms that it has received a copy of the Credit Agreement, as amended by this Amendment, the other loan documents executed in connection therewith and such other documents and information as it has deemed appropriate and (b) agrees that it will be bound by the provisions of the Credit Agreement, as amended by this Amendment, and will perform in accordance with its terms all the obligations which by the terms of the Credit Agreement are required to be performed by it as a Borrower.
Joinder of New Borrower. (a) New Borrower hereby acknowledges, agrees and confirms that, by its execution of this Amendment, New Borrower will be deemed to be a “Borrower” for all purposes of the Loan Agreement and the Fee Letter and shall have all of the obligations of a Borrower thereunder as if it had executed the Loan Agreement and the Fee Letter. New Borrower hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Loan Agreement, including without limitation (i) all of the representations and warranties of Borrowers set forth in Section 8 of the Loan Agreement, (ii) all of the covenants set forth in Sections 7 and 9 of the Loan Agreement and (iii) all of the multiple borrower provisions of Section 14 of the Loan Agreement. Without limiting the generality of the foregoing terms of this clause (a), New Borrower, hereby agrees, jointly and severally with the other Borrowers, that it is responsible for the prompt payment and performance of the Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) strictly in accordance with the terms thereof.
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.
