Joinder to the Credit Agreement. Each New Subsidiary Guarantor hereby (a) acknowledges, agrees and confirms that, by its execution of this Joinder, such New Subsidiary Guarantor will become a party to the Credit Agreement as a Subsidiary Guarantor and shall have all the rights, benefits, duties and obligations of a Subsidiary Guarantor under the Credit Agreement, (b) expressly agrees to be bound by, and shall have all the rights under, all of the terms, provisions and conditions contained in the Credit Agreement applicable to it as a Subsidiary Guarantor, including all of the payment and performance obligations, contingent or otherwise, on the part of a Subsidiary Guarantor under the Credit Agreement, and (c) expressly guarantees, jointly and severally with the other Guarantors, as a primary obligor and not merely as a surety to each Secured Party and their respective successors and assigns, the prompt payment in full when due (whether at stated maturity, by required prepayment, declaration, demand, by acceleration or otherwise) of the Guaranteed Obligations on the terms set forth in Article X of the Credit Agreement. Each New Subsidiary Guarantor hereby represents and warrants to the Administrative Agent and the Lenders that, on the date hereof and immediately upon the effectiveness of this Joinder, the representations and warranties set forth in Sections 3.01, 3.02, 3.03 and 3.04, insofar as such representations and warranties relate to such New Subsidiary Guarantor, are true and correct on and as of the date hereof.
Joinder to the Credit Agreement. Company hereby acknowledges, agrees and confirms that, by its execution of this Amendment, Company will be deemed to be “Company”, a Borrower and a Loan Party under the Credit Agreement and shall have all of the obligations of “Company”, a Borrower and a Loan Party thereunder as if it had executed the Credit Agreement. Company hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Credit Agreement and the other applicable Loan Documents, including without limitation all of the covenants set forth in Sections 6 and 7 of the Credit Agreement. Company hereby represents and warrants as to itself that all representations and warranties contained in Section 5 of the Credit Agreement are true and correct with respect to Company.
Joinder to the Credit Agreement. Effective as of the Effective Date:
Joinder to the Credit Agreement. (a) Upon the date hereof, each of Persons set out in Exhibit “A” hereto which are not a signatory to the Credit Agreement (for purposes of this Section and the Conditions Precedent Section below, the “New Credit Parties”) joins in as, assumes the obligations of, adopts the obligations, liabilities and role of, and becomes a “Credit Party” and a “Guarantor” under this Agreement and the other Credit Documents. All references to “Credit Party” or “Guarantor” contained in the Credit Agreement and any other Credit Documents, in each case, are hereby deemed for all purposes to also refer to and include such New Credit Parties, and each of them hereby provides all of the representations and warranties and covenants applicable to it as set out in the Credit Agreement and hereby covenants and agrees to comply with all terms and conditions of this Agreement and the other Credit Documents as if it were an original signatory to the Credit Agreement and each of the other applicable Credit Documents.
(b) Without limiting the generality of the provisions of Section (a) above, each of the New Credit Parties hereby become liable on a joint and several basis, along with all other Credit Parties and Guarantors, for all advances and loans made by the Agent and the Lenders under the Credit Agreement, as amended hereby, and all Obligations thereunder.
