New Lender Joinder. (a) Each Person that signs this Amendment as a Lender and that was not a Lender party to the Credit Agreement prior to the effectiveness of this Amendment (each a “New Lender”)
(i) represents and warrants that (A) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (B) it meets the requirements to be an Eligible Assignee under the Credit Agreement, (C) from and after the First Amendment Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and shall have the obligations of a Lender thereunder, (D) it is sophisticated with respect to decisions to acquire assets of the type represented by the Credit Agreement and either it, or the Person exercising discretion in making its decision to acquire such assets, is experienced in acquiring assets of such type, (E) 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 Amendment, (F) 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 Amendment, (G) if it is a Foreign Lender, it has delivered any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, and (H) it is not a Disqualified Institution; and (ii) agrees that (A) 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 (B) 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.
(b) Each of the Administrative Agent and the Borrower agree that, as of the First Amendment Effective Date, each New Lender shall (i) be a party to the Credit Agreement (and, as applicable, the other Loan Documents), (ii) be a “Lender” for all purposes of the Credit...
New Lender Joinder. Each New Lender shall execute a New Lender Joinder pursuant to which such New Lender shall join and become a party to this Agreement and the other Loan Documents with a Revolving Credit Commitment in the amount set forth in such New Lender Joinder.
New Lender Joinder. Effective as of the Agreement Date, the Parties hereby agree that the New Lender is hereby joined as a lender, bank, lending party or other similar party under the Credit Agreement with all the rights and obligations of a lender, bank, lending party or other similar party, as applicable, thereunder, in each case other than with respect to any Other Tranche, if applicable. Effective as of the Agreement Date, the New Lender agrees to be bound by all of the provisions of the Credit Agreement applicable to lenders, banks, lending parties or other similar parties thereunder generally with the same effect as if it were an original signatory to the Credit Agreement, in each case other than with respect to any Other Tranche, if applicable. The Borrower and each other Loan Party hereby agrees to treat the New Lender as a direct owner of the relevant portion of the Main Street Term Loans in accordance with the terms of this Agreement.
New Lender Joinder. Each New Lender shall execute a lender joinder in a form reasonably acceptable to the Administrative Agent and the Borrowers.
New Lender Joinder. By its execution of this Agreement, CoBank, ACB (the “New Lender”) hereby acknowledges, agrees and confirms that, on and after the Third Amendment Effective Date (a) it will be deemed to be a party to the Credit Agreement as a “Revolving Credit Lender” for all purposes of the Credit Agreement and the other Loan Documents, and shall have all of the obligations of, and shall be entitled to the benefits of, a Revolving Credit Lender under the Credit Agreement as if it had executed the Credit Agreement as such; (b) it will be bound by all of the terms, provisions and conditions contained in the Credit Agreement and the other Loan Documents; (c) it, independently and without reliance upon the Administrative Agent, any other Lender or any of their respective Affiliates, has made its own credit analysis and decision to enter into this Agreement and to become a Revolving Credit Lender under the Credit Agreement; (d) it will perform, in accordance with the terms thereof, all of the obligations which by the terms of the Credit Agreement and the other Loan Documents are required to be performed by it as a Revolving Credit Lender; and (e) it will provide any additional documentation to evidence its status as a Revolving Credit Lender under the Credit Agreement as of the Third Amendment Effective Date or as required to be delivered by it pursuant to the terms of the Credit Agreement and the other Loan Documents.
New Lender Joinder. Upon the Sixth Amendment Effective Date, PNC hereby becomes a party to, and agrees to be bound by, the terms and conditions of the Credit Agreement and other Loan Documents, as a Lender, having a Commitment in the amount set forth opposite its name on the revised Commitment Schedule included in Exhibit C attached hereto.
New Lender Joinder. From and after the date hereof, each Person identified on the signature pages hereto as a Lender that is not a party to the Existing Credit Agreement immediately prior to giving effect to this Agreement (each, a “New Lender”) shall be deemed to be a party to the Amended Credit Agreement and a “Lender” for all purposes of the Amended Credit Agreement and the other Loan Documents, and shall have all of the rights and obligations of a Lender under the Amended CHAR1\1715384v6 Credit Agreement and the other Loan Documents as if such Person had executed the Existing Credit Agreement.
New Lender Joinder. In consideration of any New Lender becoming a Lender under the Amended Credit Agreement, such New Lender agrees that effective as of the Amended Credit Agreement Effective Date it shall become, and shall be deemed to be, a Lender under the Amended Credit Agreement and each of the other Loan Documents and agrees that from and after the Amended Credit Agreement Effective Date and so long as such New Lender remains a party to the Amended Credit Agreement, such New Lender shall assume the obligations of a Lender under and perform, comply with and be bound by each of the provisions of the Amended Credit Agreement which are stated to apply to a Lender and shall be entitled (in accordance with its Commitment) to the benefits, rights and remedies set forth therein and in each of the other Loan Documents. Each New Lender hereby acknowledges that it has heretofore received (i) a true and correct copy of the Amended Credit Agreement (including any modifications thereof or supplements or waivers thereto) as will be in effect on the Amended Credit Agreement Effective Date, and (ii) the executed original of its Note dated as of the Amended Credit Agreement Effective Date issued by the Borrower under the Amended Credit Agreement in the appropriate amount as set forth on Schedule 1.1(B) attached hereto in Exhibit B-2, if so requested by New Lender pursuant to Section 2.7 of the Amended Credit Agreement. The Commitments and Ratable Shares of New Lender and each of the other Lenders to be effective the Amended Credit Agreement Effective Date are as set forth on Schedule 1.1(B), as amended, attached hereto as Exhibit B-2. New Lender is executing and delivering this Amendment as of the First Amendment Closing Date and acknowledges that it shall: (A) participate in all Loans borrowed by the Borrowers on and after the Amended Credit Agreement Effective Date according to its Ratable Share; and (B) participate in all Letters of Credit outstanding on and after the Amended Credit Agreement Effective Date according to its Ratable Share.
New Lender Joinder. By its execution of this Amendment, the New Lender hereby acknowledges, agrees and confirms that, on and after the First Amendment Effective Date:
(a) it will be deemed to be a party to the Credit Agreement as a “Lender”, for all purposes of the Credit Agreement and the other Loan Documents, and shall have all of the obligations of, and shall be entitled to the benefits of, a Lender under the Credit Agreement as if it had executed the Credit Agreement;
(b) it will be bound by all of the terms, provisions and conditions contained in the Credit Agreement and the other Loan Documents;
(c) it has received a copy of the Credit Agreement, copies of the most recent financial statements delivered pursuant to Section 6.01 thereof and such other documents and information as it deems appropriate, and has, independently and without reliance upon the Administrative Agent, any other Lender or any of their respective Affiliates, made its own credit analysis and decision to enter into this Amendment and to
New Lender Joinder. Reference is made to the Second Amended and Restated Credit Agreement, dated as of March 8, 2018 (as amended, supplemented, restated or modified from time to time, the “ Credit Agreement”), by and among CNX Resources Corporation (formerly known as CONSOL Energy Inc.), a Delaware corporation (“Borrower”), each of the Guarantors (“Guarantors”), the Lenders now or hereafter party thereto, PNC Bank, National Association in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) and collateral agent for the Lenders and the other Secured Parties (in such capacity, the “Collateral Agent”), and JPMorgan Chase Bank, N.A., as Syndication Agent. This agreement (“Joinder”) is the “New Lender Joinder” referred to in the Credit Agreement.
