Union Bank of California, N. A., is a wholly-owned Subsidiary of the Company.
Union Bank of California, N. A. hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions herein above set forth.
Union Bank of California, N. A. ("UBOC") has been duly organized, is validly existing as an association in good standing under the laws of the jurisdiction of its organization, has the power and authority to own its property and to conduct its business as described in the Prospectus and is duly qualified to transact business and is in good standing in each jurisdiction in which the conduct of its business or its ownership or leasing of property requires such qualification, except to the extent that the failure to be so qualified or be in good standing would not have a Material Adverse Effect.
Union Bank of California, N. A., in its Individual Capacity. Union Bank --------------------------------------------------------- of California, N.A, and any Agent-Related Person may make loans to, issue Letters of Credit for the account of, accept deposits from, acquire equity interests in, purchase receivables of, act as agent or administrative agent for and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower, any of Borrower's Subsidiaries or Affiliates or any Lender as though Union Bank of California, N.A, were not Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Union Bank of California, N.A, or Agent-Related Persons may receive information regarding Borrower or its Affiliates that is subject to confidentiality obligations in favor of Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that Agent shall be under no obligation to provide such information to them. With respect to its Loans, Union Bank of California, N.A, shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Agent, and the terms "Lender" and "Lenders" include Union Bank of California, N.A, in its individual capacity.
Union Bank of California, N. A., shall be the sole Reference Lender from the Closing Date until one or more additional Reference Lenders shall be designated hereunder).
Union Bank of California, N. A., as ------- agent for the Lenders thereunder (in such capacity, the "Agent"). Terms defined ----- and the rules of interpretation contained in the Loan Agreement have the same meanings and application herein.
Union Bank of California, N. A. hereby agrees to become a Lender under the Credit Agreement, to acquire the Commitment Percentage in the Commitments and the Loans as set forth on the signature page hereto and to be bound as a Lender by all of the provisions of the Credit Agreement. The Borrowers and the Agent hereby consent to an assignment of a portion of the Commitment to Union Bank of California, N.A.
Union Bank of California, N. A., -------------------------------------------- as a Lender As Lender: NORTH AMERICAN SENIOR FLOATING RATE FUND By: CypressTree Investment Management Company, Inc. as Portfolio Manager By: /s/ Jonathan D. Sharkey ---------------------------------------- Name: Jonathan D. Sharkey Title: Prxxxxxxx CYPRESS TREE SENIOR FLOATING RATE FUND By: CypressTree Investment Management Company, Inc. as Portfolio Manager By: /s/ Jonathan D. Sharkey ---------------------------------------- Name: Jonathan D. Sharkey Title: Prxxxxxxx MERRILL LYNCH PRIME RATE PORTFOLIO Xx: Xexxxxx Lynch Investment Managers, L.P. xx Investment Advisor By: /s/ Andrew C. Liggio ---------------------------------------- Name: ANDREW C. LIGGIO Title: AUTHOXXXXX XXXXXXXXX Metropolitan Life Insurance Company -------------------------------------------- as a Lender Credit Lyonnais New York Branch, -------------------------------------------- as a Lender MERRILL LYNCH SENIOR FLOATING RATE FUND, INC. By: /s/ Andrew C. Liggio ---------------------------------------- ANDREW C. LIGGIO AUTXXXXXXX XXXXXXXXY MERRILL LYNCH GLOBAL INVESTMENT SERIES: IXXXXX STRATEGIES PORTFOLIO By: Merrill Lynch Investment Managers, L.P. xx Investment Advisor By: /s/ Andrew C. Liggio ---------------------------------------- ANDREW C. LIGGIO AUTHXXXXXX XXXXXXXXX U.S. Bank National Association, -------------------------------------------- as a Lender The CIT Group, Equipment Financing, Inc., -------------------------------------------- as a Lender OXFORD STRATEGIC INCOME FUND BY: EASTON VANCE MANAGEMENT AS INVESTXXXX XXXXXXX, -------------------------------------------- as a Lender By: /s/ Scott H. Page ---------------------------------------- Name: SCOTT H. PAGE ---------------------------------- Title: VICE PRESIDENT ---------------------------------- CIBC INC., --------------------------------------------- as a Lender By: Laura Hom ----------------------------------------- Name: /s/ Laura Hom ---------------------------------- Title: Executive Director CIBC World Markets Corp. As Agent ---------------------------------- The Fuji Bank, Limited, --------------------------------------------- as a Lender By: Masahito Fukuda ----------------------------------------- Name: /s/ Masahito Fukuda ---------------------------------- Title: Senior Vice President ---------------------------------- Fremont Investment & Loan, --------------------------------------------- as a Lender By: /s/ Kannika Viravan ------------------------------------...
Union Bank of California, N. A. Northern California Commercial Banking Group 000 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000 Attention: Xxxxxxx Xxxxx Vice President Telephone: (000) 000-0000 Facsimile: (000) 000-0000 RDI: Xxxxx Data, Inc. c/x Xxxx Microproducts, Inc. 0000 Xxxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xx. Xxx X. Bell President Telephone: (000) 000-0000 Facsimile: (000) 000-0000
Union Bank of California, N. A., Greater Bay Corporate Finance, a division of Cupertino National Bank (hereinafter referred to as "GREATER BAY") and SunTrust Bank, Atlanta (hereinafter referred to as "SUNTRUST") (each of Union Bank of California, N.A., Greater Bay and SunTrust, a "NEW LENDER" and together, the "NEW LENDERS"), shall become a party to the Credit Agreement (including any amendments thereto) and shall have the rights and obligations of a Lender thereunder .
