Joinder of New Lenders. From and after the Amendment No. 2 Effective Date each of the New Lenders shall be a party to and be bound by the provisions of the Existing Credit Agreement (as amended hereby) and shall have the rights and obligations of a Lender thereunder and under the other Credit Documents. Each New Lender (i) confirms that it has received a copy of the Existing Credit Agreement (as amended and hereby) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (ii) 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 Existing Credit Agreement (as amended and hereby); (iii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Existing Credit Agreement (as amended and hereby) as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Existing Credit Agreement (as amended and hereby) are required to be performed by it as a Lender; and (v) which is not a United States person shall have attached all forms required under Section 2.16(e) of the Existing Credit Agreement.
Joinder of New Lenders. Upon execution of this Amendment, each of Citibank, N.A. and City National Bank (each a “New Lender” and collectively the “New Lenders”) shall be a party to the Credit Agreement and shall have all the rights and obligations of a Revolving Lender and a Term Loan Lender thereunder and under the Credit Documents. Each New Lender (a) represents and warrants that it is legally authorized to enter into this Amendment and the Credit Agreement, and this Amendment and the Credit Agreement are legal, valid and binding obligations of such New Lender, enforceable against it in accordance with their respective terms; (b) confirms that it has received a copy of the Credit Agreement and all of the Exhibits and Schedules thereto, together with copies of the financial statements referred to in Section 3.1 of the Credit Agreement, the financial statements delivered pursuant to Section 5.1 thereof, if any, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment and the Credit Agreement; (c) 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 Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto; and (d) agrees that it will be bound by the provisions of the Credit Agreement 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 Revolving Lender and a Term Loan Lender. The Commitment Percentages of each New Lender after giving effect to this Amendment shall be the percentage identified as its respective Commitment Percentages on Schedule 1.1(c), which is attached hereto as Exhibit B.
Joinder of New Lenders. Each New Lender shall become an additional party hereto as a New Lender concurrently with the effectiveness of the proposed Incremental Term Loan Borrowing or increase in the Total Revolving Loan Commitment upon its execution of an instrument of joinder (which may contain such modifications to this Agreement and terms and conditions relating thereto as may be necessary solely to ensure that the Incremental Term Loans made by such New Lenders as part of such Incremental Term Loan Borrowings or the Revolving Loans made by such New Lender under the increased Total Revolving Loan Commitment are treated as Obligations for all purposes under the Credit Documents), in each case in form and substance reasonably satisfactory to the Administrative Agent. Each New Lender shall provide the documentation required by Section 2.12.
Joinder of New Lenders. (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. 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 Lenders. Each New Lender, by executing this Amendment, hereby agrees to be joined to the Amended Loan Agreement and become a “Lender” under the Amended Loan Agreement and the other Loan Documents with all of the rights and benefits of a Lender under the Amended Loan Agreement and the other Loan Documents, and to be bound by all of the terms and provisions (and subject to all of the obligations) of a Lender under the Amended Loan Agreement and the other Loan Documents.
Joinder of New Lenders. By its signature below, each New Lender agrees that on the date upon which the conditions precedent set forth in Section 7 of this Amendment shall have been satisfied, which date shall occur on or before October 28, 2011 (the “Second Amendment Effective Date”) or shall be deemed not to have occurred, (i) each New Lender shall become a Lender (as such term is defined in the Amended Credit Agreement) under the Amended Credit Agreement and (ii) the Commitment of such New Lender as of the Second Amendment Effective Date shall be as set forth on Schedule 1.1 of the Amended Credit Agreement.
Joinder of New Lenders. Each Lender identified as a “New Lender” (each a “New Lender” and collectively the “New Lenders”) on the signature pages to this Amendment hereby agrees as follows:
Joinder of New Lenders. Each of the undersigned new Lenders hereby:
Joinder of New Lenders. By executing this Amendment in the space provided below, each New Lender joins in the Loan Agreement as an additional Lender, with a Pro Rata Share of the Commitment as set forth on the signature pages hereto.
Joinder of New Lenders. Effective as of the Third Amendment Effective Date, each of the New Lenders, by its execution of this Amendment, (a) appoints and authorizes the Agents to take such action as agents on its behalf and to exercise such powers and discretion under the Credit Agreement, the other Loan Documents or any other instrument or document furnished pursuant hereto or thereto as are delegated to the Agents by the terms thereof, together with such powers as are incidental thereto; (b) agrees that it will be bound by the provisions of the Credit Agreement and the other Loan Documents and will perform in accordance with its terms all the obligations which by the terms of the Credit Agreement and the other Loan Documents are required to be performed by it as a Lender (and, in the case of DNB Bank ASA, as a Guarantee Bank); and (c) shall be a party to the Credit Agreement and have the rights and obligations of a Lender (and, in the case of DNB Bank ASA, as a Guarantee Bank) thereunder and under the other Loan Documents and shall be bound by the provisions thereof. Exhibit A Third Amendment to Credit Agreement Articles I through XI of the Credit Agreement [Attached] 1510315.05-WASSR01A - MSW CREDIT AGREEMENT dated as of February 24, 2014, among SHELF DRILLING HOLDINGS, LTD., as Borrower, THE GUARANTORS PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, HSBC BANK PLC and RBC CAPITAL MARKETS1, as Joint Lead Arrangers and Joint Book Runners, and RBC EUROPE LIMITED, as Administrative Agent, Collateral Agent, Issuing Bank and Guarantee Bank 1 RBC Capital Markets is the global brand name for the corporate and investment banking business of Royal Bank of Canada and its affiliates. TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 1 Section 1.01 Defined Terms 1 Section 1.02 Terms Generally 53
