Joining Lenders Sample Clauses

Joining Lenders. By its execution of this Amendment, Union Bank, N.A. hereby confirms and agrees that, on and after the date hereof, it shall be and become a party to the Loan Agreement as a U.S. Lender and a U.K. Lender, and shall have all of the rights and be obligated to perform all of the obligations of a U.S. Lender and a U.K. Lender thereunder with the U.S. Revolver Commitment and U.K. Revolver Commitment applicable to it identified on Schedule 1.1 attached hereto. By its execution of this Amendment, Union Bank, Canada Branch hereby confirms and agrees that, on and after the date hereof, it shall be and become a party to the Loan Agreement as a Canadian Lender, and shall have all of the rights and be obligated to perform all of the obligations of a Canadian Lender thereunder with the Canadian Revolver Commitment applicable to it identified on Schedule 1.1 attached hereto. Each of Union Bank, N.A. and Union Bank, Canada Branch (a) represents and warrants that it is legally authorized to enter into this Amendment; (b) confirms that it has received copies of the Loan Agreement and such other Loan Documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (c) agrees that it shall, independently and without reliance upon 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; (d) confirms that it is an Eligible Assignee; (e) appoints and authorizes Agent to take such action as agent on its behalf and to exercise such powers under the Loan Agreement as are delegated to Agent by the terms thereof, together with such powers as are incidental thereto; and (f) agrees that it will observe and perform all obligations that are required to be performed by it as a “Lender” under the Loan Documents. For the avoidance of doubt, Borrowers hereby consent to Union Bank, N.A. and Union Bank, Canada Branch each becoming a Lender under the Loan Agreement. For the purposes of the Loan Agreement, and in connection with its acting in the capacity of a U.K. Lender, Union Bank N.A. notifies to Agent that it is a Treaty Lender and confirms its tax jurisdiction of incorporation as the United States and its passport number under the HMRC DT Treaty Passport scheme as 13/U/216367/DTTP. For the purposes of the Loan Agreement, and in connection with its acting in the capacity of ...
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Joining Lenders. SECTION 3.1. The Joining Lender is hereby joined to the Loan Agreement and all related Transaction Documents, in each case, as a “Lender”.
Sample 1
Joining Lenders. COMERICA BANK, as a Joining Lender By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: First Vice President to Credit Agreement and Joinder Agreement SCHEDULES AND EXHIBITS
Sample 1
Joining Lenders. COMERICA BANK, as a Joining Lender By: /s/ Jxxxxx X. Xxxxxxxx Name: Jxxxxx X. Xxxxxxxx Title: First Vice President to Credit Agreement and Joinder Agreement SCHEDULE 2.01 COMMITMENTS AND APPLICABLE PERCENTAGES Lender Commitment Applicable Percentage Bank of America, N.A. $ 81,000,000.00 16.200000000% JPMorgan Chase Bank, N.A. 53,000,000.00 10.600000000% Wachovia Bank, National Association 53,000,000.00 10.600000000% SunTrust Bank 53,000,000.00 10.600000000% Toyota Motor Credit Corporation 50,000,000.00 10.000000000% Wxxxx Fargo Bank, N.A. 30,000,000.00 6.000000000% Scotiabanc, Inc. 30,000,000.00 6.000000000% Credit Suisse, Cayman Island Branch 30,000,000.00 6.000000000% Royal Bank of Canada 30,000,000.00 6.000000000% U.S. Bank National Association 30,000,000.00 6.000000000% Fifth Third Bank 30,000,000.00 6.000000000% Comerica Bank 30,000,000.00 6.000000000% Total $ 500,000,000.00 100.000000000% EXHIBIT E Schedule 2 For the Quarter/Year ended ___________________(“Statement Date”) SCHEDULE 2 to the Compliance Certificate ($ in 000’s)
Sample 1
Joining Lenders. BANK OF THE WEST, as a Joining Lender By: /s/ Mxxxxxx Xxx Name: Mxxxxxx Xxx Title: Senior Vice President to Credit Agreement and Joinder Agreement JOINING LENDERS: BARCLAYS BANK PLC, as a Joining Lender By: /s/ Nxxxxxxx X. Xxxx Name: Nxxxxxxx X. Xxxx Title: Director to Credit Agreement and Joinder Agreement SCHEDULE 2.01 COMMITMENTS AND APPLICABLE PERCENTAGES Lender Commitment Applicable Percentage Bank of America, N.A. $ 119,000,000.00 17.000000000% SunTrust Bank $ 80,000,000.00 11.428571429% Toyota Motor Credit Corporation $ 80,000,000.00 11.428571429% JPMorgan Chase Bank, N.A. $ 68,000,000.00 9.714285714% Wachovia Bank, National Association $ 68,000,000.00 9.714285714% U.S. Bank National Association $ 60,000,000.00 8.571428571% Wxxxx Fargo Bank, N.A. $ 40,000,000.00 5.714285714% Scotiabanc Inc. $ 30,000,000.00 4.285714286% Comerica Bank $ 30,000,000.00 4.285714286% Credit Suisse, Cayman Island Branch $ 30,000,000.00 4.285714286% Fifth Third Bank $ 30,000,000.00 4.200000000% Royal Bank of Canada $ 30,000,000.00 4.200000000% Bank of the West $ 20,000,000.00 2.857142857% Barclays Bank PLC $ 15,000,000.00 2.142857143% Total $ 700,000,000.00 100.000000000%
Sample 1
Joining Lenders. ​ ​​ ​​ ​​ ​​ ​ ​ By:​ ​​ ​​ ​​ ​​ ​ Name: Title: ​ ​ BORROWER:EL POLLO LOCO, INC., a Delaware corporation ​ By:​ ​​ ​​ ​​ ​​ ​ Name: Title: ​ ​ GUARANTORS:EL POLLO LOCO HOLDINGS, INC., a Delaware corporation ​ By:​ ​​ ​​ ​​ ​​ ​ Name: Title: ​ ​ EPL INTERMEDIATE, INC., a Delaware corporation ​ By:​ ​​ ​​ ​​ ​​ ​ Name: Title: ​ ​ ​ ​​ ​​ ​​ ​​ ​​ ​ By:​ ​​ ​​ ​​ ​​ ​ Name: Title: ​ ADMINISTRATIVE AGENT:BANK OF AMERICA, N.A., as Administrative Agent ​ By:​ ​​ ​​ ​​ ​​ ​ Name: Title: ​ ​ ​ ​ ​ EXHIBIT F-1 FORM OF U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes) Reference is hereby made to the Credit Agreement, dated as of July 27, 2022 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among El Pollo Loco, Inc., a Delaware corporation (the “Borrower”), El Pollo Loco Holdings, Inc., a Delaware corporation, the other Guarantors from time to time party thereto, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, Swingline Lender and L/C Issuer. Pursuant to the provisions of Section 3.01(e) of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 881(c)(3)(B) of the Code and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished the Administrative Agent and the Borrower with a certificate of its non-U.S. Person status on IRS Form W-8BEN-E or W-8BEN, as applicable. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Administrative Agent, and (2) the undersigned shall have at all times furnished the Borrower and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to...
Sample 1
Joining Lenders. BANK OF THE WEST, as a Joining Lender By: /s/ Mxxxxxx Xxx Name: Mxxxxxx Xxx Title: Senior Vice President to Credit Agreement and Joinder Agreement JOINING LENDERS: BARCLAYS BANK PLC, as a Joining Lender By: /s/ Nxxxxxxx X. Xxxx Name: Nxxxxxxx X. Xxxx Title: Director to Credit Agreement and Joinder Agreement
Sample 1
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Joining Lenders 
Sample 1

Related to Joining Lenders

  • Increasing Lenders and New Lenders The Borrower may, prior to the Expiration Date, request that (1) the current Lenders (each, a “Current Lender”) increase their Revolving Credit Commitments (any Current Lender which elects to increase its Revolving Credit Commitment shall be referred to as an “Increasing Lender”) and/or (2) one or more new lenders (each, a “New Lender”) join this Agreement and provide a Revolving Credit Commitment hereunder, subject to the following terms and conditions:

  • New Lenders (a) Each New Lender (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Incremental Joinder Agreement and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets the requirements to be an assignee under Section 11.06(b)(v) of the Credit Agreement, (iii) it has received a copy of the Credit Agreement, and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01 thereof, as applicable, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Incremental Joinder Agreement, (iv) 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 enter into this Incremental Joinder Agreement, (v) if it is a Foreign Lender, attached hereto is any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by such New Lender, and (vi) such New Lender is not and will not be (A) an employee benefit plan subject to Title I of ERISA, (B) a plan or account subject to Section 4975 of the Internal Revenue Code, (C) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Internal Revenue Code, or (D) a “governmental plan” within the meaning of ERISA.; and (b) agrees that (i) it will, independently and without reliance on 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, and (ii) 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.

  • Increasing Lenders Each Increasing Lender shall confirm its agreement to increase its Revolving Credit Commitment pursuant to an acknowledgement in a form acceptable to the Administrative Agent, signed by it and the Borrower and delivered to the Administrative Agent at least five (5) days before the effective date of such increase.

  • Exiting Lenders (a) Each Person executing this Amendment under the heading “Exiting Lenders” on the signature pages hereto, in its capacity as a lender under the Existing Credit Agreement (each, an “Exiting Lender”), is signing this Amendment for the purposes of amending the Existing Credit Agreement as contemplated by Section 1 and assigning its revolving commitment and/or the outstanding portion of the term A loan it holds under the Existing Credit Agreement on the Second Amendment Effective Date to one or more Lenders under the Amended Credit Agreement as described in the following sentence. Upon giving effect to this Amendment, (i) each Exiting Lender’s portion of the term A loan outstanding under the Existing Credit Agreement shall be fully assigned at par to one or more Lenders under the Amended Credit Agreement, and each Exiting Lender’s revolving commitment under the Existing Credit Agreement shall be fully assigned to one or more Lenders under the Amended Credit Agreement, in each case so that, after giving effect to such assignments, the Lenders under the Amended Credit Agreement shall have Commitments and Applicable Percentages as set forth on Schedule 1.01(b) attached hereto, (ii) no Exiting Lender shall be a Lender under the Amended Credit Agreement, (iii) no Exiting Lender shall have any rights, obligations or duties as a lender under CHAR1\1892749v6 the Amended Credit Agreement or any other Loan Document, except for any right, obligation or duty which by the express terms of the Existing Credit Agreement or any other Loan Document would survive termination of the Existing Credit Agreement or such other Loan Document, and (iv) the Loan Parties shall have no obligations or liabilities to any Exiting Lender, except for obligations or liabilities which by the express terms of the Existing Credit Agreement or any other Loan Document would survive termination of the Existing Credit Agreement or such other Loan Document.

  • Consenting Lenders The undersigned Lender hereby irrevocably and unconditionally approves the Amendment and consents to the certain amendments set forth therein. CIFC Funding 2012-II, Ltd. as a Lender (type name of the legal entity) By: CIFC Asset Management LLC, its Collateral Manager By: /s/ Xxxxxxxxx Xxxxx Name: Xxxxxxxxx Xxxxx Title: Authorized Signatory

  • Incremental Lenders Incremental Term Loans may be made, and Incremental Revolving Commitments may be provided, by any existing Lender (but no existing Lender will have an obligation to make any Incremental Commitment (or Incremental Loan), nor will the Borrower have any obligation to approach any existing Lenders to provide any Incremental Commitment (or Incremental Loan)) or by any Additional Lender (each such existing Lender or Additional Lender providing such Loan or Commitment, an “Incremental Term Lender” or “Incremental Revolving Lender,” as applicable, and, collectively, the “Incremental Lenders”); provided that (i) the Administrative Agent or, in the case of any Incremental Revolving Commitments only, each Issuing Bank, shall have consented (in each case, not to be unreasonably withheld or delayed) to such Additional Lender’s making such Incremental Term Loans or providing such Incremental Revolving Commitments to the extent such consent, if any, would be required under Section 10.07(b) for an assignment of Loans or Revolving Commitments, as applicable, to such Additional Lender, (ii) with respect to Incremental Term Commitments, any Affiliated Lender providing an Incremental Term Commitment shall be subject to the same restrictions set forth in Section 10.07(h) as they would otherwise be subject to with respect to any purchase by or assignment to such Affiliated Lender of Term Loans and (iii) Affiliated Lenders may not provide Incremental Revolving Commitments.

  • Additional Commitment Lenders The Company shall have the right, but shall not be obligated, on or before the applicable Maturity Date for any Non-Extending Lender to replace such Non-Extending Lender with, and add as “Lenders” under this Agreement in place thereof, one or more financial institutions that are not Ineligible Institutions (each, an “Additional Commitment Lender”) approved by the Administrative Agent in accordance with the procedures provided in Section 2.19(b), each of which Additional Commitment Lenders shall have entered into an Assignment and Assumption (in accordance with and subject to the restrictions contained in Section 9.04, with the Company or replacement Lender obligated to pay any applicable processing or recordation fee) with such Non-Extending Lender, pursuant to which such Additional Commitment Lenders shall, effective on or before the applicable Maturity Date for such Non-Extending Lender, assume a Commitment (and, if any such Additional Commitment Lender is already a Lender, its Commitment shall be in addition to such Lender’s Commitment hereunder on such date). Prior to any Non-Extending Lender being replaced by one or more Additional Commitment Lenders pursuant hereto, such Non-Extending Lender may elect, in its sole discretion, by giving irrevocable notice thereof to the Administrative Agent and the Company (which notice shall set forth such Lender’s new Maturity Date), to become an Extending Lender. The Administrative Agent may effect such amendments to this Agreement as are reasonably necessary to provide for any such extensions with the consent of the Company but without the consent of any other Lenders.

  • Non-Consenting Lenders The Borrower may, at its sole expense and effort, upon notice to a Non-Consenting Lender and the Administrative Agent, require such Lender to (i) be paid off in full for all of its Loans and interest due related thereto and relinquish all rights it has under the Loan Documents, or (ii) assign and delegate, without recourse (in accordance with and subject to the restrictions contained in, and consents required by, Section 10.04), all of its interests, rights (other than its existing rights to payments pursuant to Sections 2.15 and 2.16) and obligations under this Agreement and the related Loan Documents to an Eligible Assignee that shall assume such obligations (which assignee may be another Lender, if a Lender accepts such assignment, or, solely in the case of Term Loans, Holdings or the Borrower (in which case such Term Loans shall, after such assignment, be immediately deemed cancelled for all purposes and no longer outstanding (and may not be resold) for all purposes of this Agreement and the other Loan Documents) or any Affiliated Debt Fund); provided that, in the case of this clause (ii), (1) the Borrower shall have paid to the Administrative Agent (unless waived by the Administrative Agent) the assignment fee (if any) specified in Section 10.04(b); (2) such Lender shall have received payment of an amount equal to the outstanding principal of its Loans and participations in LC Disbursements, accrued interest thereon, accrued fees and all other amounts payable (including any amount pursuant to Section 2.10(j)) to it hereunder in connection with any prepayment of its Loans and under the other Loan Documents from the assignee (to the extent of such outstanding principal and accrued interest and fees) or the Borrower (in the case of all other amounts); (3) such assignment does not conflict with applicable Law; and (4) the applicable assignee shall have consented to the applicable amendment, waiver or consent. A Lender shall not be required to make any such assignment or delegation if, prior thereto, as a result of a waiver by such Lender or otherwise, the circumstances entitling the Borrower to require such assignment and delegation cease to apply.

  • New Lender The New Lender hereby consents to this Amendment. Each of the New Lender, the Administrative Agent and the Borrower acknowledges and agrees that, upon the execution and delivery of an Assignment and Assumption signed by the New Lender, as assignee, and each Non-Consenting Lender, as assignor (or deemed to have been signed by such Non-Consenting Lender pursuant to Section 3.07(b) of the Amended Credit Agreement), the New Lender (i) shall become a “Lender” under, and for all purposes, and subject to and bound by the terms, of the Amended Credit Agreement and other Loan Documents with Term B-1 Loans in an amount equal to the aggregate principal amount of all Existing Loans of all Non-Consenting Lenders, (ii) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Amended Credit Agreement and the other Loan Documents as are delegated to the Administrative by the terms thereof, together with such powers as are reasonably incidental thereto and (iii) shall perform all the obligations of and shall have all rights of a Lender thereunder. Each Non-Consenting Lender that does not execute such Assignment and Assumption shall be deemed to have executed and delivered such Assignment and Assumption in accordance with Section 3.07(b) of the Amended Credit Agreement. After the assignment (or deemed assignment) of Term B-1 Loans by each Non-Consenting Lender to the New Lender as contemplated above, the New Lender and the Consenting Lenders shall together hold all of the Term B-1 Loans.

  • LENDERS KeyBank, the other lending institutions which are party hereto and any other Person which becomes an assignee of any rights of a Lender pursuant to §18 (but not including any participant as described in §18). The Issuing Lender shall be a Lender, as applicable. The Swing Loan Lender shall be a Lender.

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