Common use of Joinder to Credit Agreement Clause in Contracts

Joinder to Credit Agreement. By executing and delivering a counterpart signature page to this Amendment, TETRA International Holdings Inc., a Delaware corporation (the “Joining Loan Party”), hereby becomes a party to the Credit Agreement as a “U.S. Loan Guarantor” thereunder with the same force and effect as if originally named therein as a U.S. Loan Guarantor and, without limiting the generality of the foregoing, hereby expressly assumes all obligations and liabilities of a U.S. Loan Guarantor thereunder. The Joining Loan Party hereby ratifies, as of the Sixth Amendment Effective Date, and agrees to be bound by, all the terms, provisions and conditions contained in the Credit Agreement, including without limitation (a) all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, (b) all of the covenants set forth in Article V and Article VI of the Credit Agreement and (c) all of the guaranty obligations set forth in Article X of the Credit Agreement. Without limiting the generality of the foregoing terms of this Section 7.1, the Joining Loan Party, subject to the limitations set forth in Section 10.10 and 10.13 of the Credit Agreement, hereby guaranties, jointly and severally, with the other Loan Guarantors, to the Administrative Agent and the Lenders, as provided in Article X of the Credit Agreement, the prompt payment and performance of the Guaranteed Obligations in full when due (after giving effect to any applicable grace or cure periods) (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) strictly in accordance with the terms thereof and agrees that if any of the Guaranteed Obligations are not paid or performed in full when due (after giving effect to any applicable grace or cure periods) (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise), the Joining Loan Party will, jointly and severally together with the other Loan Guarantors, promptly pay and perform the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (after giving effect to any applicable grace or cure periods) (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc)

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Joinder to Credit Agreement. By executing and delivering a counterpart signature page to this AmendmentAgreement, TETRA International Holdings Inc., a Delaware corporation the Additional Borrower (the “Joining Loan Party”), hereby i) becomes a party to Borrower under the Credit Agreement and as a “U.S. referenced in the other Loan Guarantor” thereunder with the same force Documents and effect as if originally named therein as a U.S. Loan Guarantor and, without limiting the generality of the foregoing, (ii) hereby expressly assumes all obligations and liabilities of a U.S. Loan Guarantor thereunder. The Joining Loan Party hereby ratifies, as of the Sixth Amendment Effective Date, and agrees to be bound by, all the terms, provisions and conditions contained in the Credit Agreement, including without limitation (a) all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, (b) all of the covenants set forth in Article V and Article VI of Borrower under the Credit Agreement and (c) the other Loan Documents. The Additional Borrower hereby further acknowledges, agrees and confirms that, by its execution and delivery of this Agreement, it shall further be fully bound by, and subject to, all of the guaranty covenants, terms, obligations set forth in Article X of the Credit Agreement. Without limiting the generality of the foregoing terms of this Section 7.1(including, the Joining Loan Partywithout limitation, subject to the limitations set forth in Section 10.10 all payment obligations) and 10.13 of the Credit Agreement, hereby guaranties, jointly and severally, with the other Loan Guarantors, to the Administrative Agent and the Lenders, as provided in Article X conditions of the Credit Agreement, the prompt payment Guaranty, and performance the other Loan Documents which are applicable to it in its capacity as a Borrower as though originally party to the Credit Agreement and each such other Loan Document as a Borrower on the Closing Date. By its signature below, each of the Guaranteed Obligations in full when due Holdcos, the Company, the Additional Borrower, each other Loan Party and the Administrative Agent hereby agrees and consents to the Additional Borrower becoming bound by, and subject to, the terms and conditions of the Credit Agreement and the other Loan Documents as provided herein and therein, and agrees and acknowledges that, from and after the Agreement Effective Date (after giving effect to any applicable grace or cure periods) (whether at stated maturityas defined below), as a mandatory prepaymentthe Additional Borrower shall be afforded the benefits of the Credit Agreement and the other Loan Documents, by acceleration or otherwise) strictly in accordance with the terms and conditions thereof as provided herein, in each case as fully and agrees the same as if the Additional Borrower was originally party thereto as a Borrower on the Closing Date. The Additional Borrower acknowledges and confirms that if any it has received a copy of the Guaranteed Obligations are not paid or performed in full when due (after giving effect to any applicable grace or cure periods) (whether at stated maturityCredit Agreement, as a mandatory prepayment, by acceleration or otherwise), the Joining Loan Party will, jointly and severally together with the other Loan GuarantorsDocuments and all exhibits of each thereto and has reviewed and understands all of the terms and provisions thereof. The Additional Borrower acknowledges and agrees that, promptly pay from and perform after the sameAgreement Effective Date, without any demand or notice whatsoever, and that each reference in the case of any extension of time of payment Credit Agreement and the other Loan Documents to a “Borrower” or renewal of any of the Guaranteed Obligations, “Borrowers” shall be deemed to include the same will be promptly paid in full when due (after giving effect to any applicable grace or cure periods) (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewalAdditional Borrower.

Appears in 2 contracts

Samples: Abl Credit Agreement (Constellium Holdco B.V.), Abl Credit Agreement (Constellium Holdco B.V.)

Joinder to Credit Agreement. By executing and delivering a counterpart signature page to this AmendmentAgreement, TETRA International Holdings Inc., a Delaware corporation the Additional Borrower (the “Joining Loan Party”), hereby i) becomes a party to Borrower under the Credit Agreement and as a “U.S. referenced in the other Loan Guarantor” thereunder with the same force Documents and effect as if originally named therein as a U.S. Loan Guarantor and, without limiting the generality of the foregoing, (ii) hereby expressly assumes all obligations and liabilities of a U.S. Loan Guarantor thereunder. The Joining Loan Party hereby ratifies, as of the Sixth Amendment Effective Date, and agrees to be bound by, all the terms, provisions and conditions contained in the Credit Agreement, including without limitation (a) all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, (b) all of the covenants set forth in Article V and Article VI of Borrower under the Credit Agreement and (c) the other Loan Documents. The Additional Borrower hereby further acknowledges, agrees and confirms that, by its execution and delivery of this Agreement, it shall further be fully bound by, and subject to, all of the guaranty covenants, terms, obligations set forth in Article X of the Credit Agreement. Without limiting the generality of the foregoing terms of this Section 7.1(including, the Joining Loan Partywithout limitation, subject to the limitations set forth in Section 10.10 all payment obligations) and 10.13 of the Credit Agreement, hereby guaranties, jointly and severally, with the other Loan Guarantors, to the Administrative Agent and the Lenders, as provided in Article X conditions of the Credit Agreement, the prompt payment Guaranty, and performance the other Loan Documents which are applicable to it in its capacity as a Borrower as though originally party to the Credit Agreement and each such other Loan Document as a Borrower on the Closing Date. By its signature below, each of Holdings, the Company, the Additional Borrower, each other Loan Party and the Administrative Agent hereby agrees and consents to the Additional Borrower becoming bound by, and subject to, the terms and conditions of the Guaranteed Obligations in full when due Credit Agreement and the other Loan Documents as provided herein and therein, and agrees and acknowledges that, from and after the Agreement Effective Date (after giving effect to any applicable grace or cure periods) (whether at stated maturityas defined below), as a mandatory prepaymentthe Additional Borrower shall be afforded the benefits of the Credit Agreement and the other Loan Documents, by acceleration or otherwise) strictly in accordance with the terms and conditions thereof as provided herein, in each case as fully and agrees the same as if the Additional Borrower was originally party thereto as a Borrower on the Closing Date. The Additional Borrower acknowledges and confirms that if any it has received a copy of the Guaranteed Obligations are not paid or performed in full when due (after giving effect to any applicable grace or cure periods) (whether at stated maturityCredit Agreement, as a mandatory prepayment, by acceleration or otherwise), the Joining Loan Party will, jointly and severally together with the other Loan GuarantorsDocuments and all exhibits of each thereto and has reviewed and understands all of the terms and provisions thereof. The Additional Borrower acknowledges and agrees that, promptly pay from and perform after the sameAgreement Effective Date, without any demand or notice whatsoever, and that each reference in the case of any extension of time of payment Credit Agreement and the other Loan Documents to a “Borrower” or renewal of any of the Guaranteed Obligations, “Borrowers” shall be deemed to include the same will be promptly paid in full when due (after giving effect to any applicable grace or cure periods) (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewalAdditional Borrower.

Appears in 1 contract

Samples: Abl Credit Agreement (Noranda Aluminum Holding CORP)

Joinder to Credit Agreement. By executing Each New Subsidiary hereby acknowledges, agrees and delivering a counterpart signature page to confirms that, by its execution of this Amendment, TETRA International Holdings Inc., such New Subsidiary will be deemed to be a Delaware corporation (the “Joining Loan Party”), hereby becomes a party to Party under the Credit Agreement as and a “U.S. Loan Guarantor” for all purposes of the Credit Agreement and shall have all of the obligations of a Loan Party and a Loan Guarantor thereunder with the same force and effect as if originally named therein as a U.S. Loan Guarantor and, without limiting it had executed the generality of the foregoing, hereby expressly assumes all obligations and liabilities of a U.S. Loan Guarantor thereunderCredit Agreement. The Joining Loan Party Each New Subsidiary hereby ratifies, as of the Sixth Amendment Effective Datedate hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Credit Agreement, including without limitation (a) all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, (b) all of the covenants set forth in Article Articles V and Article VI of the Credit Agreement and (c) all of the guaranty obligations set forth in Article X IX of the Credit Agreement. Without limiting the generality of the foregoing terms of this Section 7.12, the Joining Loan Partyeach New Subsidiary, subject to the limitations set forth in Section 10.10 Sections 9.10 and 10.13 9.13 of the Credit Agreement, hereby guarantiesguarantees, jointly and severally, severally with the other Loan Guarantors, to the Administrative Agent and the LendersLender, as provided in Article X IX of the Credit Agreement, the prompt payment and performance of the Guaranteed Obligations in full when due (after giving effect to any applicable grace or cure periods) (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) strictly in accordance with the terms thereof and agrees that if any of the Guaranteed Obligations are not paid or performed in full when due (after giving effect to any applicable grace or cure periods) (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise), the Joining Loan Party each New Subsidiary will, jointly and severally together with the other Loan Guarantors, promptly pay and perform the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (after giving effect to any applicable grace or cure periods) (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewal. This Amendment constitutes a Joinder Agreement for purposes of the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (BBQ Holdings, Inc.)

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Joinder to Credit Agreement. By (a) The New Subsidiary hereby acknowledges that it has received and reviewed a copy of the Credit Agreement and each of the other Loan Documents. The New Subsidiary hereby agrees to become a Guarantor in respect of the applicable Obligations as set forth in the Credit Agreement and the other Loan Documents and, by executing and delivering a counterpart signature page to this AmendmentJoinder Agreement, TETRA International Holdings Inc., a Delaware corporation (the “Joining Loan Party”), does hereby becomes join and become a party to the Credit Agreement as a “U.S. Loan Guarantor” thereunder with , assuming all of the same force obligations and effect liabilities of such a Guarantor thereunder. The New Subsidiary hereby further agrees to comply with, and be bound by, all of the terms and conditions of the Credit Agreement in all respects as an original Guarantor thereunder, as if originally named therein as a U.S. Loan Guarantor andsuch New Subsidiary was an original signatory thereto, without limiting the generality of the foregoing, hereby expressly assumes assuming all obligations and liabilities of a U.S. Loan Guarantor thereunder. The Joining Loan Party hereby ratifies, as of the Sixth Amendment Effective Date, and agrees to be bound by, all the terms, provisions and conditions contained in the Credit Agreement, including without limitation (a) all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, (b) all of the covenants set forth in Article V and Article VI of any kind arising or incurred under the Credit Agreement and the Notes on and after the Closing Date. (cb) Each of the Borrowers, the Guarantors and the New Subsidiary hereby ratifies and confirms all of the guaranty obligations set forth in Article X of the Credit Agreement. Without limiting the generality of the foregoing terms of this Section 7.1, the Joining Loan Party, subject to the limitations set forth in Section 10.10 and 10.13 of the Credit Agreement, hereby guaranties, jointly and severally, with the other Loan Guarantors, its Obligations to the Administrative Agent and the LendersLenders including, without limitation, as provided in Article X applicable, with respect to the Loans and any reimbursement obligations with respect to Letters of Credit and each of the Credit AgreementBorrowers, the prompt payment Guarantors and performance of the Guaranteed Obligations in full when due (after giving effect to any applicable grace or cure periods) (whether at stated maturityNew Subsidiary hereby affirms, as a mandatory prepaymentapplicable, by acceleration its absolute and unconditional promise to pay to the Lenders and the Administrative Agent the Loans and all other amounts due or otherwise) strictly in accordance with to become due and payable to the terms thereof Lenders and agrees that if any of the Guaranteed Obligations are not paid or performed in full when due (after giving effect to any applicable grace or cure periods) (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise), Administrative Agent under the Joining Loan Party will, jointly Credit Agreement and severally together with the other Loan Guarantors, promptly pay and perform the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (after giving effect to any applicable grace or cure periods) (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewalDocuments.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lojack Corp)

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