New Term Lender. From and after the Amendment Effective Date, the New Term Lender shall be deemed to be a Lender for all purposes of the Credit Agreement, and each reference to the Lenders in the Credit Agreement shall be deemed to include the New Term Lender. Without limiting the generality of the foregoing, the New Term Lender confirms its appointment of JPMorgan Chase Bank, N.A., as the Administrative Agent in accordance with Article XII of the Credit Agreement. DB1/ 114279694.2
New Term Lender. From and after the Amendment Effective Date, the New Term Lender shall be deemed to be a Lender for all purposes of the Credit Agreement, and each reference to the Lenders in the Credit Agreement (including, without limitation, in the definition of “Required Lenders”) shall be deemed to include the New Term Lender. Without limiting the generality of the foregoing, the New Xxxx Xxxxxx confirms its consent to the appointment of Toronto Dominion (Texas) LLC, as the Administrative Agent in accordance with Article IX of the Credit Agreement.
New Term Lender. Deutsche Bank AG New York Branch (the "New Term Lender") hereby agrees to the terms of the Credit Agreement (as amended by this First Amendment) as a Term Lender and commits to provide on the First Amendment Effective Date a New Term Loan in an amount equal to its commitment set forth on Schedule 2.01 (as amended hereby). The net cash proceeds of such loan shall be sufficient to, and shall be immediately applied to, repay in whole the Existing Term Loans not otherwise converted into a New Term Loan pursuant to Section 2(a) above.
New Term Lender. The New Term 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 “Term Lender” under the Credit Agreement, (ii) it meets all the requirements to be an assignee under Section 9.06(b) of the Credit Agreement (subject to such consents, if any, as may be required under Section 9.06(b) of the Credit Agreement), (iii) from and after the date of the Amendment, it shall be bound by the provisions of the Credit Agreement as a “Term Lender” thereunder and, to the extent of the Assigned Interest, shall have the obligations of a “Term Lender” thereunder, (iv) it is sophisticated with respect to decisions to acquire assets of the type represented by the Assigned Interest and either it, or the Person exercising discretion in making its decision to acquire the Assigned Interest, is experienced in acquiring assets of such type, (v) 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 6.04 thereof, as applicable, and such other documents and information as it deems reasonably appropriate to make its own credit analysis and decision to enter into this Amendment and to purchase the Assigned Interest and (vi) it has, independently and without reliance upon the Administrative Agent, any other Term Lender, any Credit Party or any Affiliate of the foregoing and based on such documents and information as it has deemed reasonably appropriate, made its own credit analysis and decision to enter into this Amendment and to purchase the Assigned Interest; and (b) agrees that (i) it will, independently and without reliance upon the Administrative Agent, the Assigning Term Lender or any other Term Lender, and based on such documents and information as it shall deem reasonably appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents, and (ii) 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 “Term Lender”.
New Term Lender. The New Term Lender (i) confirms that it has received a copy of the Credit Agreement and the other Loan Documents, 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 Joinder Agreement and it is sophisticated with respect to decisions to make loans similar to those contemplated to be made hereunder and it is experienced in making loans of such type; (ii) agrees that it will, independently and without reliance upon 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; (iii) appoints and authorizes Administrative Agent to take such action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to Administrative Agent, as the case may be, by the terms thereof and (iv) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement are required to be performed by it as a Lender.
