New Lender Provisions. New Lender agrees that by executing and delivering this Amendment it is joining the Loan Agreement as a “Lender” thereunder and that from and after the First Amendment Closing Date, it will observe and perform all obligations that are required to be performed by it as a “Lender” under the Loan Documents. As a condition to joining the Loan Agreement, New Lender hereby: (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 the Loan Documents pursuant to this Amendment; (c) agrees that it shall, independently and without reliance upon the Agent 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) 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) represents and warrants that the assignment evidenced hereby will not result in a non-exempt “prohibited transaction” under Section 406 of ERISA.
New Lender Provisions. (a) The New Lender agrees to make available a Revolving Commitment in an amount equal to the “Revolving Commitment” set forth for such New Lender on Schedule I hereto, and agrees to make the payments required to be made by such New Lender under Section 2.18 of the Amended Credit Agreement so that the Revolving Loans are reallocated among the Lenders with Revolving Commitments and, after giving effect to such payments and reallocations, each Lender with a Revolving Commitment will hold Revolving Loans based on its Pro Rata Share (after giving effect to this Agreement). (b) Upon the effectiveness of this Amendment, the New Lender acknowledges and agrees that it shall be a Lender under the Amended Credit Agreement having the Revolving Commitment set forth for such New Lender on Schedule I. Accordingly, the New Lender shall have all of the rights and obligations of a Lender under the Amended Credit Agreement and the other Loan Documents with respect to such New Lender’s Revolving Commitment and other rights and obligations of a Lender under the Amended Credit Agreement. The 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 Amendment and to consummate the transactions contemplated hereby and to become a Lender under the Amended Credit Agreement, (ii) it is sophisticated with respect to decisions to acquire assets of the type represented by such New Lender’s Commitment, and either it, or the person exercising discretion in making its decision with respect to such New Lender’s Revolving Commitment is experienced in such matters, (iii) it has received a copy of the Amended Credit Agreement and each other Loan Document requested by it, and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to by the Borrower pursuant to the terms thereof, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Amendment and to provide such New Lender’s Revolving Commitment and (iv) it has, independently and without reliance upon the Administrative Agent or any 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 and the Amended Credit Agreement and to provide such New Lender’s Revolving Commitment; (b) agrees that (i) it will, independently and ...
New Lender Provisions. Each of Xxxxxx Xxxxxxx Bank, N.A., The Prudential Insurance Company of America and Prudential Retirement Insurance and Annuity Company (each, a “New Lender”) (a) confirms that it has received a copy of the Credit Agreement, together with copies of the financial statements (if any) referred to in Section 5.01 of the Credit Agreement and such other documents and information as such New Lender has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (b) agrees that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as such New Lender shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Agreement; (c) appoints and authorizes Agent to take such actions on such New Lender’s behalf and to exercise such powers under the Loan Documents as are delegated to Agent by the terms thereof; and (d) agrees that it will become a party to and be bound by the Credit Agreement on the First Amendment Effective Date as if it were an original Lender thereunder and will have the rights and obligations of a Lender thereunder and will perform in accordance with their respective terms all of the obligations that by the terms of the Credit Agreement are required to be performed by such New Lender as a Lender.
New Lender Provisions. (a) Subject to the terms and conditions of this Agreement, each New Lender hereby agrees to lend, without recourse to the Lenders or the Administrative Agent, on and after the Increase Effective Date (defined below), that portion of the Total Commitment, as the case may be, equal to the amount set forth on Annex 1 attached hereto opposite its name, in accordance with the terms and conditions set forth herein and in the Credit Agreement, and acknowledge, without limitation, that the Borrower may from time to time borrow, repay and reborrow such amounts from each such Lender as provided in the Credit Agreement. Each New Lender hereby agrees to be bound by, and shall be entitled to the benefits of and, to the extent of its Commitment, shall be bound by the obligations of, the terms and conditions of the Credit Agreement as if such New Lender had been one of the lending institutions originally executing the Credit Agreement as a “Lender”; provided that nothing herein shall be construed as making any of the New Lenders liable to the Borrower or the other Lenders in respect of any acts or omissions of any party to the Credit Agreement or in respect of any other event occurring prior to the Increase Effective Date.
New Lender Provisions
