Joinder of New Lender. By its signature hereto, New Lxxxxx xxxxxx joins the Credit Agreement as a Lender thereunder and agrees to be bound by all of the terms thereof, and shall be as fully party thereto as if New Lender was an original signatory thereto. New Lender hereby assumes all of the rights, duties and obligations of a Lender under the Credit Agreement and each of the other Credit Documents to which the other Lenders are party. On and as of the date hereof, each reference to a “Lender” in the Credit Agreement or any other Credit Document shall be deemed to include New Lender. New Lender: (i) represents and warrants that it is legally authorized to enter into this Amendment; (ii) confirms that it has received a copy of each of the Credit Documents and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (iii) agrees that it will, independently and without reliance upon any Agent or any other Lender or any of the Credit Documents and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Documents or any other instrument or document furnished pursuant thereto; (iv) appoints and authorizes Agents to take such action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Credit Documents as are delegated to Agents by the terms thereof, together with such powers as are reasonably incidental thereto; and (v) agrees that it will be bound by the provisions of the Credit Documents to which the other Lenders are party and will perform in accordance with its terms all the obligations which by the terms of such Credit Documents are required to be performed by Lenders.
Joinder of New Lender. In lieu of executing and delivering an Assignment and Assumption, each Existing Lender whose Pro Rata Share of the Commitments is decreasing in connection herewith (each an “Assignor” and, collectively, the “Assignors”) and the New Lender and each Existing Lender whose Pro Rata Share of the Commitments is increasing in connection herewith (each an “Increasing Lender”; and together with the New Lender, each an “Assignee” and, collectively, the “Assignees”) hereby agree to, and the Borrower hereby accepts, the following:
Joinder of New Lender. (a) Each New Lender is hereby added to the Credit Agreement as a Lender, with the Commitment set forth opposite its name on Schedule I attached hereto, and shall receive all rights of a Lender under the Credit Agreement and the other Loan Documents. Each New Lender agrees to be bound by all of the terms and provisions of the Credit Agreement binding on each Lender.
Joinder of New Lender. The New Lender: (a) confirms that it has received a copy of the Credit Agreement, the Guaranties and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Agreement and become a Lender party to the Credit Agreement; (b) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents; (c) effective as of the Increase Effective Date: (i) appoints or authorizes the Administrative Agent to take such action on its behalf and to exercise such powers under the Loan Documents as are delegated by the terms thereof, together with such powers as are reasonably incidental thereto; (ii) agrees that it shall be bound by the terms of the Credit Agreement as a Lender thereunder and that it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender; and (iii) specifies as its lending office and address for notices the offices set forth on the Administrative Questionnaire provided to the Administrative Agent; and (d) acknowledges and agrees that its Committed Sum with respect to the Facility is reflected on Schedule 2.01 attached hereto.
Joinder of New Lender. 3.1 New Lender agrees that as of the date hereof, New Lender will have a Revolving Commitment in the amount set forth opposite its name on Revised Schedule 2.01. The parties acknowledge, agree and confirm that New Lender shall from and after the date hereof be deemed to be a party to the Loan Agreement and a “Lender” for all purposes under the Loan Agreement and the other Loan Documents, and shall have all the rights and obligations of a Lender under the Loan Agreement and the other Loan Documents as if New Lender had executed the Loan Agreement.
Joinder of New Lender. Administrative Agent, the Lenders, Borrowers, and each other Loan Party hereby agree as follows:
Joinder of New Lender. The New Lender, by executing this Amendment, hereby agrees to be joined to the Credit Agreement and become a “Lender” under the Credit Agreement and the other Loan Documents with all of the rights and benefits of a Lender under the Credit Agreement and the other Loan Documents, and be bound by all of the terms and provisions (and subject to all of the obligations) of a Lender under the Credit Agreement and the other Loan Documents.
Joinder of New Lender. Deerfield Partners, L.P. (the “New Lender”) (i) represents and warrants that it is sophisticated with respect to decisions to make and maintain the Amendment and Restatement Term Loans under this Agreement made and maintained by it hereunder and it is experienced in acquiring assets of such type, (ii) irrevocably appoints and authorizes the Administrative Agent to act as Administrative Agent on its behalf in accordance with Section 11.1 and the other terms of this Agreement and the other the Credit Documents, (iii) shall perform in accordance with their terms all obligations that, by the terms of the Credit Documents, are required to be performed by it as a Lender, (iv) confirms it has received such documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Agreement and shall continue to make its own credit decisions in taking or not taking any action under any Credit Document independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time and (v) has informed the Administrative Agent of its applicable lending offices (and addresses for notices). The parties hereto acknowledge and agree that, upon the satisfaction of the conditions set forth in Article V hereof, the New Lender shall hereinafter be a party to the Credit Agreement and the other Credit Documents as a Lender and shall have the rights and obligations of a Lender hereunder and thereunder.
Joinder of New Lender. In the event of any such proposed joinder -------------------- by an Eligible Assignee, such joinder shall occur only as to a Revolving Credit Commitment by such Eligible Assignee that will not cause all Revolving Credit Commitments to exceed the Maximum Aggregate Commitment Amount, after giving effect to such joinder and any other such joinders and any increases under Section 3.3 hereof to occur substantially contemporaneously therewith. The ----------- proposed joinder of any Eligible Assignee satisfying the requirements of the preceding sentence shall be effectuated through such Eligible Assignee's execution and delivery to the Administrative Agent, the Borrower and each Lender of a joinder agreement ("Joinder Agreement"), in form and content reasonably ----------------- satisfactory to the Administrative Agent and the Borrower, pursuant to which such Eligible Assignee agrees to become a Lender hereunder and under the other Loan Documents and assumes all of the obligations of a Lender hereunder and thereunder, whereupon, effective as of the date of such execution and delivery:
Joinder of New Lender. By its execution hereof, New Lender hereby joins the Credit Agreement as a Lender and becomes a party to the Credit Agreement with a Revolving Loan Commitment of $40,000,000 as set forth on Schedule 2.01 hereto, with all of the duties, obligations, rights and privileges appurtenant thereto, including those specifically set forth in this Amendment. New Lender agrees that this Amendment constitutes the New Lender Agreement for purposes of the Credit Agreement. New Lender acknowledges that (i) it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to execute this Amendment and join the Credit Agreement as a Lender, (ii) it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any related agreement or any document furnished hereunder or thereunder and (iii) it confirms receipt of the requests to make Revolving Loans set forth in Section 4(a) above.
