New Revolving Lenders. In the event that new Revolving Lenders are added to this Agreement, such Revolving Lenders shall be required to agree to the inter-creditor provisions of this Article VII.
New Revolving Lenders. Each Assignee, (a) 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 Restated Credit Agreement, (b) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Restated Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto, (c) agrees that it will perform in accordance with their terms all of the obligations that, by the terms of the Restated Credit Agreement, are required to be performed by it as a Lender, (d) represents and warrants that it (i) is an Assignee (as defined in the Credit Agreement), (ii) has full power and authority, and has taken all actions necessary, to execute and deliver this Amendment and to consummate the transactions contemplated hereby and (iii) is sophisticated with respect to decisions to acquire assets of the type represented by the Commitments and either it or the Person exercising discretion in making the decision to acquire the Commitments of such New Revolving Lender is experienced in acquiring assets of such type, (e) confirms it has received or has been given the opportunity to receive such documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment and become a party to the Restated Credit Agreement and to assume its Commitments independently and without reliance upon the Administrative Agent or any Lender, (f) has specified its Domestic Lending Office (and address for notices) and Eurodollar Lending Office in writing to the Administrative Agent and (g) if applicable, has delivered to the Administrative Agent two properly completed Forms X-0XXX, X-0XXX or successor or form prescribed by the Internal Revenue Service of the United States, certifying that such New Revolving Lender is entitled to receive all payments under the Restated Credit Agreement and the Notes payable to it without deduction or withholding of any United States federal income taxes.
New Revolving Lenders. Each New Revolving Lender (i) confirms that it has received a copy of the Existing Credit Agreement and the other Credit Documents and the exhibits and schedules thereto, together with copies of the financial statements referred to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment and the Credit Agreement; (ii) agrees that it will, independently and without reliance upon the Revolver Administrative Agent, the Lead Arrangers 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 the Credit Agreement; (iii) appoints and authorizes each Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Credit Documents as are delegated to such Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will perform all of the obligations which by the terms of the Credit Agreement are required to be performed by it as a Lender, as the case may be, in each case, in accordance with the terms thereof as set forth in the Credit Agreement. Each New Revolving Lender acknowledges and agrees that it shall become a “Revolving Credit Lender” under, and for all purposes of, the Credit Agreement and the other Credit Documents, and shall be subject to and bound by the terms thereof, and shall have all rights of a “Revolving Credit Lender” thereunder.
New Revolving Lenders. Each of the Revolving Lenders party hereto that was not already a Revolving Lender under the Credit Agreement prior to giving effect to this Amendment hereby represents and warrants, and acknowledges and agrees 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 to become a Revolving Lender under the Credit Agreement and that the Credit Agreement (as modified by this Amendment) constitutes a legal, valid and binding obligation enforceable against it in accordance with its terms, except to the extent that enforceability may be limited by Debtor Relief Laws and subject to equitable principles, (ii) it meets all of the requirements of an Eligible Assignee under the Credit Agreement, and (iii) it has received a copy of the Credit Agreement, as modified and amended, together with copies of the most recent financial statements available under Section 5.04 thereunder and such other documents and such other information as it has deemed appropriate to make its own credit decision to enter into this Amendment, and based on such information, has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender. Each party hereto agrees that from and after the Amendment Effective Date, each of the Revolving Lenders party hereto that was not already a Revolving Lender under the Credit Agreement prior to giving effect to this Amendment shall be bound by the terms of the Credit Agreement (as modified by this Amendment) as a Revolving Lender with all of the rights and benefits and all of the obligations of a Revolving Lender thereunder with the commitments shown on Exhibit A hereto.
New Revolving Lenders. Prior to January 5, 2010, each person listed on Schedule 1 hereto that was not a Revolving Lender prior to the date hereof (each such person, a “New Revolving Lender”) shall execute and deliver the addendum attached hereto as Exhibit A (the “Lender Addendum”), and upon execution and delivery of such Lender Addendum, such New Revolving Lender shall become a party to this Second Amendment in its capacity as a Continuing Revolving Lender (and, upon the Second Amendment Implementation Date, shall become a party to the Credit Agreement in its capacity as a Lender and a Revolving Lender) with the same force and effect as if such New Revolving Lender was an original signatory to this Second Amendment (and the Credit Agreement, as applicable), and hereby agrees to all terms and provisions of this Second Amendment and the Credit Agreement applicable to it as a Continuing Revolving Lender (and for purposes of the Credit Agreement, as a Lender and a Revolving Lender).
New Revolving Lenders. Each New Revolving Lender acknowledges and agrees that upon its execution of this Agreement and the making of the effectiveness of the Incremental Revolving Commitment Increases that such New Revolving Lender shall become a “Lender” and a “Revolving Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a “Lender” and “Revolving Lender” thereunder.
New Revolving Lenders. In the event the Company desires to achieve the full amount of a requested increase in the Aggregate Revolving Credit Commitments from one or more financial institutions not then Revolving Lenders without first offering such increase to existing Revolving Lenders, the Company may, following such notice to the Administrative Agent as required in Section 2.16(a), invite additional Eligible Assignees to become Revolving Lenders, subject to the approval of the Administrative Agent, the L/C Issuer and the Swing Line Lender (which approvals shall not be unreasonably withheld or delayed), and pursuant to a joinder agreement in form and substance satisfactory to the Administrative Agent and its counsel.
