Joinder to the Agreement. Upon the execution of this Joinder by the undersigned and delivery hereof to the Corporation, the undersigned hereby is admitted as and hereafter will be a Member under the Agreement and a party thereto, with all the rights, privileges and responsibilities of a Member thereunder. The undersigned hereby agrees that it shall comply with and be fully bound by the terms of the Agreement as if it had been a signatory thereto as of the date thereof.
Joinder to the Agreement. The Joinder Party confirms that it has received a copy of the Agreement and such other information as it has deemed appropriate and necessary to make its own decision to enter into this Xxxxxxx and agrees to:
a. join and become a Party to the Agreement;
b. be bound by all of the covenants and agreements in the Agreement; and
c. perform all obligations required of it by the Agreement.
Joinder to the Agreement. The New Purchaser hereby agrees (a) to be bound by all of the terms and conditions of the Agreement applicable to a Purchaser to the same extent as each of the Original Purchasers thereunder and (b) that each reference in the Agreement to “a Purchaser” or “the Purchasers” shall also mean and be a reference to the New Purchaser.
Joinder to the Agreement. (a) MJH Partners hereby agrees that upon execution of this Amendment, it shall become a party to the Agreement and shall be fully bound by, and subject to, all of the covenants, terms and conditions of the Agreement as though an original party thereto.
(b) Pursuant to Section 7.3 of the Agreement, each of Apollo Principal Holdings V, L.P., Apollo Principal Holdings VI, L.P., Apollo Principal Holdings VII, L.P., Apollo Principal Holdings VIII, L.P., and Apollo Principal Holdings IX, L.P hereby agrees to become a party to the Agreement solely in connection with Article VII of the Agreement and shall be fully bound by, and subject to, all of the covenants, terms and conditions of Article VII of the Agreement (as amended hereby) as though an original party thereto and shall be deemed a member of the “Apollo Operating Group” and a “Company Indemnifying Party” for all purposes thereof.
(c) APO (FC), LLC hereby agrees to become a party to the Agreement solely in connection with Article VII of the Agreement and shall be fully bound by, and subject to, all of the covenants, terms and conditions of Article VII of the Agreement (as amended hereby) as though an original party thereto and shall be deemed a “Company Indemnifying Party” for all purposes thereof.
Joinder to the Agreement. (a) AR Capital hereby agrees that upon execution of this Joinder, it shall become a party to the Agreement and shall be fully bound by, and subject to, all of the covenants, terms and conditions of the Agreement as though an original party thereto and shall be deemed a “Shareholder” for all purposes thereof; provided, however, that AR Capital shall not be bound by Article II of the Agreement and no covenants, terms or conditions of Article II shall apply to AR Capital.
Joinder to the Agreement. From the Effective Date, until Closing, as a condition to the issuance of any shares or options of the Company on or after the date hereof (other than the issuance of any shares resulting from the exercise of options outstanding as of the date hereof), the Company shall cause any Person that becomes a shareholder or option holder of the Company following the date hereof, that is not a party to this Agreement as of the date hereof, to enter into a Joinder Agreement in the form attached hereto as Exhibit H pursuant to which such Person shall become bound by the terms and conditions of this Agreement as an ML Party.
Joinder to the Agreement. The Trust and the Partnership hereby agree to be bound by the Amended Stockholder Rights Agreement as a "Stockholder" (as defined therein).
Joinder to the Agreement. (a) Pursuant to Section 7.3 of the Agreement, APH XII hereby agrees to become a party to the Agreement solely in connection with Article VII of the Agreement and shall be fully bound by, and subject to, all of the covenants, terms and conditions of Article VII of the Agreement as though an original party thereto and shall be deemed a member of the “Apollo Operating Group” and a “Company Indemnifying Party” for all purposes thereof.
(b) APO FC III hereby agrees to become a party to the Agreement solely in connection with Article VII of the Agreement and shall be fully bound by, and subject to, all of the covenants, terms and conditions of Article VII of the Agreement as though an original party thereto and shall be deemed a “Company Indemnifying Party” for all purposes thereof.
Joinder to the Agreement. (a) Pursuant to Section 3.4(c) of the Agreement, the New Apollo Principal Entity hereby agrees to become a party to the Agreement and shall be fully bound by, and subject to, all of the covenants, terms and conditions of the Agreement as though an original party thereto and shall be deemed an “Apollo Principal Entity” for all purposes thereof.]
Joinder to the Agreement. Each of the Joining Parties represents and warrants that it has received a copy of (i) the Loan Agreement, and (ii) each other Loan Document. Each Joining Party agrees that, upon its execution hereof, it will become a Guarantor and a Loan Party under the Loan Agreement as amended hereby, and hereby expressly, and jointly and severally, assumes all obligations and liabilities of a Guarantor and a Loan Party thereunder to the same extent as if such Joining Party had been a Guarantor and a Loan Party thereunder on original date thereof. Each reference to a “Guarantor”, “Guarantors” and/or “Loan Party” and the “Loan Parties” contained in this Amendment, the Loan Agreement and each other Loan Document shall, and shall be deemed to, include a reference to each Joining Party. Each Joining Party hereby makes and undertakes, as the case may be, each covenant, representation and warranty, solely as they relate to such Joining Party, made by each Guarantor and/or Loan Party in the Loan Agreement and each other Loan Document, in each case as of the date hereof, and agrees to be bound by all covenants, agreements and obligations of a Guarantor and/or Loan Party pursuant to the Loan Agreement and all other Loan Documents to which it is or becomes a party. Notwithstanding the foregoing, each Joining Party represents and warrants to the Bank that this Amendment has been duly authorized, executed and delivered by it.
