Common use of Lender Joinder Clause in Contracts

Lender Joinder. This Amendment constitutes a Lender joinder agreement and by signing this Amendment, the New Lender shall from and after the date hereof be deemed to be a party to the Credit Agreement and a “Lender” for all purposes of the Credit Agreement and the other Facility Documents, with a several, but not joint, Commitment in the amount set forth opposite its name on Appendix B hereto, and shall have all of the rights and obligations of a Lender under the Credit Agreement and the other Facility Documents. The New Lender: (i) confirms that it has received a copy of the Credit Agreement and the other Facility Documents, together with copies of any financial statements delivered pursuant to Section 5.01 of the Credit Agreement 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 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 or in connection with any of the Facility Documents; (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 Facility Documents, in each case as are delegated to the Administrative Agent by the terms thereof; and (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Facility Documents are required to be performed by it as a Lender. On the Effective Date (as defined below), the New Lender shall make a payment to the Administrative Agent for the account of the other Lenders, in an amount calculated by the Administrative Agent, so that after giving effect to such payment and to the distribution thereof to the other Lenders in accordance with the Credit Agreement, the Advances are held ratably by the Lenders in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit and Security Agreement (Apollo Debt Solutions BDC)

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Lender Joinder. This Amendment constitutes a Lender joinder agreement and by signing Upon execution of this Seventh Amendment, the each Lender identified on Schedule 1.3 hereto (each a “New Lender Lender”) shall from and after the date hereof be deemed to be a party to the Credit Agreement and a “Lender” for all purposes of the Credit Agreement and the other Facility Documents, with a several, but not joint, Commitment in the amount set forth opposite its name on Appendix B hereto, and shall have all of the rights and obligations of a Lender thereunder and under the Credit Agreement and the other Facility Loan Documents. The Each New Lender (a) represents and warrants that it is legally authorized to enter into this Seventh Amendment and this Seventh Amendment is the legal, valid and binding obligation of such New Lender: , enforceable against it in accordance with its terms; (ib) confirms that it has received a copy of the Credit Agreement Agreement, this Seventh Amendment and the other Facility Documents, together with copies of any financial statements delivered pursuant to Section 5.01 all of the Credit Agreement Exhibits and Schedules thereto, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Seventh Amendment; (iic) 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 Loan Documents or in connection with any of the Facility Documents; (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 Facility Documents, in each case as are delegated to the Administrative Agent by the terms thereofother instrument or document furnished pursuant hereto or thereto; and (ivd) agrees that it will be bound by the provisions of the Credit Agreement and will perform in accordance with their its terms all of the obligations that which by the terms of the Facility Documents Credit Agreement are required to be performed by it as a Lender. On the Effective Date (as defined below), the The Commitment of each New Lender shall make a payment to the Administrative Agent for the account of the other Lenders, in an amount calculated by the Administrative Agent, so that after giving effect to such payment and this Seventh Amendment shall be as set forth on Annex A to this Seventh Amendment. Each of the Loan Parties agrees that, as of the Seventh Amendment Effective Date, each New Lender shall (a) be a party to the distribution thereof to Credit Agreement and the other Lenders in accordance with Loan Documents (as applicable), (b) be a “Lender” for all purposes of the Credit AgreementAgreement and the other Loan Documents, and (c) have the Advances are held ratably by rights and obligations of a Lender under the Lenders in accordance with their respective CommitmentsCredit Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (FirstCash Holdings, Inc.)

Lender Joinder. This Amendment constitutes a Lender joinder agreement and (a) Each New Lender, by signing its execution of this Amendment, the hereby acknowledges, agrees and confirms that such New Lender shall from and after will, as of the date hereof be deemed to Fifth Amendment Effective Date, be a party to the Credit Loan Agreement and a “Lender” for all purposes be bound by the provisions of the Credit Loan Agreement and the other Facility Documents, with a several, but not joint, Commitment in the amount set forth opposite its name on Appendix B hereto, Loan Documents and shall have all of the rights and obligations of a Lender under the Credit Agreement and the other Facility Documents. The thereunder. (b) Each New Lender: Lender (i) represents and warrants that it is legally authorized to enter into this Amendment; (ii) confirms that it has received a copy of the Credit Loan Agreement and the other Facility DocumentsLoan Documents and all amendments thereto, together with copies of any the most recent financial statements delivered pursuant to Section 5.01 of the Credit Agreement thereto, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (iiiii) 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 Loan Agreement or in connection with any of the Facility Documentsother instrument or document furnished pursuant hereto or thereto; (iiiiv) appoints and authorizes the Administrative Agent to take such action as agent actions on its behalf and to exercise such powers and discretion under the Facility Documents, in each case Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (ivv) agrees that as of the Fifth Amendment Effective Date it will become a party to and will be bound by the provisions of the Loan Agreement and will perform in accordance with their terms all of the obligations that which by the terms of the Facility Documents Loan Agreement are required to be performed by it as a Lender. On Each party hereto acknowledges and agrees that the Effective Date (as defined below), the Commitments of each New Lender shall make a payment to the Administrative Agent for the account of the other Lenders, in an amount calculated by the Administrative Agent, so that after giving effect to such payment and to the distribution thereof to the other Lenders in accordance with the Credit Agreement, the Advances are held ratably by the Lenders in accordance with their respective Commitments.Lender

Appears in 1 contract

Samples: Loan Agreement (Lithia Motors Inc)

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Lender Joinder. This Amendment constitutes a Lender joinder agreement and by signing this Amendment, the each New Lender shall from and after the date hereof be deemed to be a party to to 4 1 the Credit Agreement and a “Lender” for all purposes of the Credit Agreement and the other Facility Documents, with a several, but not joint, Commitment in the amount set forth opposite its name on Appendix B hereto, and shall have all of the rights and obligations of a Lender under the Credit Agreement and the other Facility Documents. The Each New Lender: (i) confirms that it has received a copy of the Credit Agreement and the other Facility Documents, together with copies of any financial statements delivered pursuant to Section 5.01 of the Credit Agreement 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 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 or in connection with any of the Facility Documents; (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 Facility Documents, in each case as are delegated to the Administrative Agent by the terms thereof; and (iv) agrees that it will perform in accordance with their terms all of the obligations that by the terms of the Facility Documents are required to be performed by it as a Lender. On the Effective Date (as defined below)Date, the each New Lender shall make a payment to the Administrative Agent for the account of the other Lenders, in an amount calculated by the Administrative Agent, so that after giving effect to such payment and to the distribution thereof to the other Lenders in accordance with the Credit Agreement, the Advances are held ratably by the Lenders in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit and Security Agreement (Blackstone Private Credit Fund)

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