Common use of Representations and Warranties of New Lender Clause in Contracts

Representations and Warranties of New Lender. 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 Lender Addendum and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets all requirements of an Eligible Assignee under the Credit Agreement (subject to receipt of such consents as may be required under the Credit Agreement), (iii) from and after the Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and, to the extent of the New Commitment, shall have the obligations of a Lender thereunder, (iv) it has received a copy of the Credit Agreement, together with copies of the most recent financial statements delivered pursuant to Section 6.01(b) thereof, as applicable, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Lender Addendum on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (v) if it is a Foreign Lender, attached hereto is any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by the New Lender; and (b) agrees that (i) 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 (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 Lender.

Representations and Warranties of New Lender. The New Lender By executing and delivering a counterpart to this Amendment, PNC hereby (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Lender Addendum and to consummate the transactions contemplated hereby Amendment and to become a Lender under the Credit Agreement, (ii) it meets all requirements of an Eligible Assignee under the Credit Agreement (subject to receipt of such consents as may be required under the Credit Agreement), (iii) from and after the Sixth Amendment Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and, to the extent of the New Commitment, and shall have the obligations of a Lender thereunder, (iviii) it has received a copy of the Credit Agreement, together with copies of the most recent financial statements delivered pursuant to Section 6.01(b) 5.01 thereof, as applicable, 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 to become a Lender Addendum on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent Agent, any arranger or any other Lender, and (v) if it is a Foreign Lender, attached hereto is Lender or any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by the New Lendertheir respective Related Parties; and (b) agrees that (i) it will, independently and without reliance on the Administrative Agent Agent, any arranger, or any other LenderLender or their respective Related Parties, 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 (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 Lender.

Representations and Warranties of New Lender. 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 Lender Addendum and First Amendment, to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it meets all requirements of an Eligible Assignee under the Credit Agreement (subject to receipt of such consents as may be required under the Credit Agreement), (iii) from and after the Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and, to the extent of the New Commitment, shall have the obligations of a Lender thereunder, (iviii) it has received a copy of the Credit Agreement, together with copies of the most recent financial statements delivered pursuant to Section 6.01(b) 6.01 thereof, as applicable, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this First Amendment and to become a Lender Addendum on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (viv) if it is a Foreign Lender, attached hereto is any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by the New Lender; and (b) agrees that (i) 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 (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 Lender.

Representations and Warranties of New Lender. The New Lender hereby: (ai) represents and warrants that (iA) it has full power and authority, and has taken all action necessary, to execute and deliver this Lender Addendum Amendment and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, as amended hereby, (iiB) it meets all requirements of an Eligible Assignee under satisfies the requirements, if any, specified in the Credit Agreement (subject Agreement, as amended hereby, that are required to receipt of such consents as may be required satisfied by it in order to become a Lender under the Credit Agreement), as amended hereby, (iiiC) from and after the Effective Datedate hereof, it shall be bound by the provisions of the Credit Agreement Agreement, as amended hereby, as a Lender thereunder and, to the extent of the New Commitment, and shall have the obligations of a Lender thereunder, (ivD) it has received a copy of the Credit Agreement, together with as amended hereby, and has received or been accorded an opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01(b) thereof, as applicablethereunder, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Lender Addendum Amendment and to acquire or otherwise provide its Commitment on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (vE) if it is a Foreign Lender, attached hereto is any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, as amended hereby, has been duly completed and executed by it and has been delivered to the New LenderAdministrative Agent; and (bii) agrees that (iA) 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, as amended hereby, and (iiB) it will perform in accordance with their the terms of the Loan Documents, as amended hereby, all of the obligations which by the terms of the Loan Documents Documents, as amended hereby, are required to be performed by it as a Lender.

Representations and Warranties of New Lender. The New Lender (ai) represents and warrants that (ia) it has full power and authority, and has taken all action necessary, to execute and deliver this Lender Addendum Agreement and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (iib) it meets all satisfies the requirements of an Eligible Assignee under the Credit Agreement (subject to receipt Section 11.06(b)(v) of such consents as may be required under the Credit Agreement), (iiic) from and after the Third Amendment Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and, to the extent of the New Commitment, and shall have the obligations of a Lender thereunder, (ivd) it is sophisticated with respect to its decision to enter into this Agreement and either it, or the Person exercising discretion in making its decision to enter into this Agreement, is experienced in transactions of this type, (e) it has received a copy of the Credit Agreement, together with and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01(b) thereof, as applicable, 6.01 of the Credit Agreement and such other documents and information as it has deemed deems appropriate to make its own credit analysis and decision to enter into this Lender Addendum on the basis of which Agreement, and (f) it has made such analysis and decision has, independently and without reliance on upon the Administrative Agent or any other LenderLender and based on such documents and information as it has deemed appropriate, made its own credit analysis and (v) if it is a Foreign Lender, attached hereto is any documentation required decision to be delivered by it pursuant to the terms of the Credit enter into this Agreement, duly completed and executed by the New Lender; and (bii) agrees that (ia) 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 (iib) 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.

Representations and Warranties of New Lender. The Each New Lender (ai) represents and warrants that (iA) it has full power and authority, and has taken all action necessary, to execute and deliver this Lender Addendum Agreement and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (iiB) it meets all the requirements to be an New Lender under Section 9.7 of an Eligible Assignee under the Credit Agreement (subject to receipt of such consents consents, if any, as may be required under Section 9.7 of the Credit Agreement), (iiiC) from and after the Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and, to the extent of the New Commitmentinterest assigned to it hereunder, shall have the obligations of a Lender thereunder, (ivD) it is sophisticated with respect to decisions to acquire assets of the type represented by the interest assigned to it hereunder and either it, or the person exercising discretion in making its decision to acquire the interest assigned to it hereunder, is experienced in acquiring assets of such type, (E) it has received a copy of the Credit Agreement, together with and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01(b) 5.2 thereof, as applicable, and such other documents and information as it has deemed deems appropriate to make its own credit analysis and decision to enter into this Lender Addendum on Agreement and to purchase the basis of which interest assigned to it has made such analysis hereunder, and decision (F) it has, independently and without reliance on upon the Administrative Agent or any other LenderExisting Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and (v) if decision to enter into this Agreement and to purchase the interest assigned to it is a Foreign Lender, attached hereto is any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed by the New Lenderhereunder; and (bii) agrees that (iA) it will, independently and without reliance on the Administrative Agent or any other Existing 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 Credit Documents, and (iiB) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Credit Documents are required to be performed by it as a Lender.

Representations and Warranties of New Lender. 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 Lender Addendum Agreement and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) subject to the approval of the Administrative Agent as evidenced by its signature to this Agreement, it meets all the requirements of to be an Eligible Assignee under the Credit Agreement (subject to receipt of such consents as may be required under the Credit Agreement)Assignee, (iii) from and after the Effective Date, it shall be bound by the provisions is sophisticated with respect to decisions to acquire assets of the Credit Agreement as a Lender thereunder andtype represented by New Lender’s Commitment and either it, or the person exercising discretion in making its decision with respect to the extent of the New Lender’s Commitment, shall have the obligations of a Lender thereunderis experienced in such matters, (iv) it has received a copy of the Credit Agreement, together with and has received or has been accorded the opportunity to receive copies of the most recent financial statements delivered pursuant to Section 6.01(b) 8.1 or 8.2 thereof, as applicable, and such other documents and information as it has deemed deems appropriate to make its own credit analysis and decision to enter into this Lender Addendum on Agreement and to provide the basis of which New Lender’s Commitment, (v) it has made such analysis and decision has, independently and without reliance on upon the Administrative Agent or any other LenderLender and based on such documents and information as it has deemed appropriate, made its own credit analysis and (v) if it is a Foreign Lender, attached hereto is any documentation required decision to be delivered by it pursuant enter into this Agreement and to the terms of the Credit Agreement, duly completed and executed by provide the New Lender’s Commitment; and (b) agrees that (i) 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 (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 Lender.