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.
Appears in 1 contract
Samples: Credit Agreement (Switch, Inc.)
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 On the date hereof, each New Lender (i) hereby joins the Credit Agreement as a “Revolving Lender and shall have the rights and obligations of a Lender under the Loan Documents (and shall, for the avoidance of doubt, constitute a "Lender" under this Amendment); (ii) represents and warrants that it is legally authorized to enter into this Amendment and the Credit Lender” for all purposes Agreement; (iii) confirms that it has received copies of the Credit Agreement and the other Loan Documents, and shall have all together with copies of the obligations of, financial statements referred to therein and shall be entitled such other documents and information as it has deemed appropriate 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 make its own credit analysis and decision to enter into this Agreement Amendment; (iv) agrees that it will, independently and without reliance upon Agent or any other Lender, based upon such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking any action under the Loan Documents;
(v) appoints and authorizes the Agent to take such action as agent on its behalf and to become a Revolving Credit Lender exercise such powers under the Credit Agreement; (d) it will perform, in accordance with Loan Documents as are delegated to Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and
(vi) agrees that it will perform in accordance with their terms 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 .
(eb) it In connection herewith, each New Lender will provide any additional documentation to evidence its status be allocated Revolver commitments as a Revolving Credit Lender under set forth on 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 Documentsattached Schedule C-1.
Appears in 1 contract
Samples: Credit Agreement
New Lender Joinder. By its execution of this AgreementAmendment, CoBank, ACB (the “each New Lender”) Lender hereby acknowledges, agrees and confirms that, on and after the Third First Amendment Effective Date Date: (a) it will be deemed to be a party to the Credit Agreement as a “Revolving Credit Lender” and a “Term Loan 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 and a Term Loan Lender under the Credit Agreement as if it had executed the Credit Agreement as suchAgreement; (b) it will be bound by all has received a copy of the termsCredit Agreement, provisions copies of the most recent financial statements delivered pursuant to Section 7.1 thereof and conditions contained in the Credit Agreement such other documents and the other Loan Documents; (c) itinformation as it deems appropriate, independently and without reliance upon the Administrative Agent, the Arrangers, any other Lender or any of their respective Affiliates, has made to make its own credit analysis and decision to enter into this Agreement Amendment and to become a Lender and a Term Loan Lender and/or Revolving Credit Lender Lender, as applicable, 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 (ec) it will provide any additional documentation (including, without limitation, any Assignment and Assumption to be executed in connection with this Amendment) to evidence its status as a Lender and a Term Loan Lender and/or Revolving Credit Lender under the Credit Agreement Lender, as applicable, as of the Third First Amendment Effective Date or as required to be delivered by it pursuant to the terms of the Credit Agreement and the other Loan DocumentsAgreement.
Appears in 1 contract
Samples: Credit Agreement (Ubiquiti Inc.)
New Lender Joinder. By its execution of this AgreementAmendment, CoBank, ACB (the “each New Lender”) Lender hereby acknowledges, agrees and confirms that, on and after the Third Amendment Effective Date Date: (a) it will be deemed to be a party to the Credit Agreement as a “Lender” and a “Term Loan Lender” and/or “Revolving Credit Lender” ”, as applicable, 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 and a Term Loan Lender and/or Revolving Credit Lender Lender, as applicable, under the Credit Agreement as if it had executed the Credit Agreement as suchAgreement; (b) it will be bound by all has received a copy of the termsCredit Agreement, provisions copies of the most recent financial statements delivered pursuant to Section 7.1 thereof and conditions contained in the Credit Agreement such other documents and the other Loan Documents; (c) itinformation as it deems appropriate, independently and without reliance upon the Administrative Agent, the Arrangers, any other Lender or any of their respective Affiliates, has made to make its own credit analysis and decision to enter into this Agreement Amendment and to become a Lender and a Term Loan Lender and/or Revolving Credit Lender Lender, as applicable, 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 (ec) it will provide any additional documentation (including, without limitation, any Assignment and Assumption to be executed in connection with this Amendment) to evidence its it status as a Lender and a Term Loan Lender and/or Revolving Credit Lender under the Credit Agreement Lender, as applicable, 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 DocumentsAgreement.
Appears in 1 contract
Samples: Credit Agreement (Ubiquiti Inc.)
New Lender Joinder. By its execution of this Agreement, CoBank, ACB (the “each New Lender”) Lender hereby acknowledges, agrees and confirms that, on and after the Third Amendment Specified Acquisition Tranche Effective Date Date:
(a) it will be deemed to be a party to the Credit Agreement as a “Revolving Credit Lender” and a “Term 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 and a Term Lender under the Credit Agreement as if it had executed the Credit Agreement as such; Agreement;
(b) it will be bound by all has received a copy of the termsCredit Agreement, provisions copies of the most recent financial statements delivered pursuant to Section 6.04 thereof and conditions contained in the Credit Agreement such other documents and the other Loan Documents; (c) itinformation as it deems appropriate, independently and without reliance upon the Administrative Agent, the Arrangers, Sustainability Coordinators, any other Lender or any of their respective Affiliates, has made to make its own credit analysis and decision to enter into this Agreement and to become a Lender and a Term Lender and/or Revolving Credit Lender Lender, as applicable, under the Credit Agreement; and
(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 (ec) it will provide tax forms and any additional documentation (including, without limitation, any Assignment and Assumption to be executed in connection with this Agreement) to evidence its status as a Lender and a Term Lender and/or Revolving Credit Lender under the Credit Agreement Lender, as applicable, as of the Third Amendment Specified Acquisition Tranche Effective Date or as required to be delivered by it pursuant to the terms of the Credit Agreement and the other Loan DocumentsAgreement.
Appears in 1 contract
Samples: Specified Acquisition Loan Joinder (Casella Waste Systems Inc)
New Lender Joinder. By its execution of this AgreementAmendment, CoBank, ACB (the “each New Lender”) Lender hereby acknowledges, agrees and confirms that, on and after the Third Second Amendment Effective Date Date:
(a) it will be deemed to be a party to the Credit Agreement as a “Lender” and 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 Lender and a Revolving Credit Lender under the Credit Agreement as if it had executed the Credit Agreement as such; Agreement;
(b) it will be bound by all has received a copy of the termsCredit Agreement, provisions copies of the most recent financial statements delivered pursuant to Section 7.1 thereof and conditions contained in the Credit Agreement such other documents and the other Loan Documents; (c) itinformation as it deems appropriate, independently and without reliance upon the Administrative Agent, the Arrangers, any other Lender or any of their respective Affiliates, has made to make its own credit analysis and decision to enter into this Agreement Amendment and to become a Lender and a Revolving Credit Lender under the Credit Agreement; and
(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 (ec) it will provide any additional documentation (including, without limitation, any Assignment and Assumption to be executed in connection with this Amendment) to evidence its it status as a Lender and a Revolving Credit Lender under the Credit Agreement as of the Third Second Amendment Effective Date or as required to be delivered by it pursuant to the terms of the Credit Agreement and the other Loan DocumentsAgreement.
Appears in 1 contract