Joinder Sample Contracts

Standard Contracts

Exhibit 6 JOINDER
Joinder • March 24th, 2008 • GLG Partners, Inc. • Investment advice • England
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JOINDER May 19, 2011
Joinder • August 24th, 2011 • New Mountain Finance AIV Holdings Corp • Delaware

This Amended and Restated Limited Liability Company Agreement (this “Agreement”) of New Mountain Finance Holdings, L.L.C., a Delaware limited liability company (the “Company”), is made and entered into as of 4:25 p.m. (New York City time) on May 19, 2011, by and between New Mountain Guardian AIV, L.P., a Delaware limited partnership (“Guardian AIV”), and New Mountain Guardian Partners, L.P., a Delaware limited partnership (“Guardian Partners”). Certain terms used in this Agreement are defined in Section 1.1.

JOINDER
Joinder • December 18th, 2023 • Hovnanian Enterprises Inc • Operative builders

JOINDER NO. 3 dated as of October 5, 2023 (this “Joinder”) to (i) the FIRST LIEN INTERCREDITOR AGREEMENT dated as of October 31, 2019 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “First Lien Intercreditor Agreement”) among HOVNANIAN ENTERPRISES, INC. (“Hovnanian”), K. HOVNANIAN ENTERPRISES, INC. (the “Company”), certain of their subsidiaries, WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacities as the First Lien Collateral Agents (as defined therein), the First Lien Representatives (as defined therein) and the Joint First Lien Collateral Agent (as defined therein) and (ii) the FIRST LIEN COLLATERAL AGENCY AGREEMENT dated as of October 31, 2019 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “First Lien Collateral Agency Agreement” and, together with the First Lien Intercreditor Agreement, the “Joined Agreements”) among Hovnanian, the Company, certain of their subsidiaries, WILMINGTON TRUST

JOINDER
Joinder • January 25th, 2024 • Bristol Myers Squibb Co • Pharmaceutical preparations

This Joinder to the Agreement and Plan of Merger (this “Joinder”), is made and entered into as of December 26, 2023, by Rudolph Merger Sub Inc., a Delaware corporation (“Purchaser”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Merger Agreement (as defined below).

JOINDER
Joinder • February 14th, 2020 • Springleaf Finance Corp • Personal credit institutions

This JOINDER (this “Joinder”) is executed this 16th day of December 2019, by OMH (ML), L.P., a Delaware limited partnership (“OMH (ML)”), and V-OMH (ML) II, L.P., a Delaware limited partnership (“V-OMH (ML) II”), and together with OMH (ML), each a “Transferee” and together the “Transferees”), pursuant to the terms of that certain Amended and Restated Stockholders Agreement, by and between OneMain Holdings, Inc., a Delaware corporation (the “Company”), and OMH Holdings, L.P., a Delaware limited partnership (the “Transferor”), dated as of June 25, 2018 (as amended, restated, supplemented or otherwise modified from time to time in accordance therewith, the “Stockholders Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Stockholders Agreement.

JOINDER
Joinder • January 5th, 2023 • Constellation Brands, Inc. • Beverages

The undersigned is executing and delivering this Joinder pursuant to the Reclassification Agreement dated as of June 30, 2022 (as amended, modified and supplemented from time to time, the “Reclassification Agreement”), by and among Constellation Brands, Inc., a Delaware corporation (the “Company”), and the other persons named as parties therein (including pursuant to other Joinders). Capitalized terms used herein have the meaning set forth in the Reclassification Agreement.

JOINDER
Joinder • February 1st, 2008 • Movie Star Inc /Ny/ • Women's, misses', children's & infants' undergarments

This Joinder (this “Joinder”) dated as of January 28, 2008, is entered into by FREDERICK’S OF HOLLYWOOD GROUP INC., a New York corporation (“Group”), and FURSA ALTERNATIVE STRATEGIES LLC, a Delaware limited liability company, as agent and collateral agent for the Lenders (together with its successors, “Agent”) with respect to the following documents: (1) General Security Agreement dated as of January 7, 2003, among FOH Holdings, Inc., Frederick’s of Hollywood, Inc., the subsidiaries of Frederick’s of Hollywood, Inc. listed therein and Credit Agricole Indosuez, as Agent, as amended; (2) Security Pledge Agreement dated as of January 7, 2003, among FOH Holdings, Inc., Frederick’s of Hollywood, Inc., the subsidiaries of Frederick’s of Hollywood, Inc. listed therein and Credit Agricole Indosuez, as Agent, as amended ; and (3) Intellectual Property Security Agreement dated as of January 7, 2003, among FOH Holdings, Inc., Frederick’s of Hollywood, Inc., the subsidiaries of Frederick’s of Holl

JOINDER
Joinder • April 11th, 2016 • Jack Cooper Logistics, LLC • Trucking (no local)

Joinder No. 1 (this “Joinder”), dated as of December 13, 2013, to the Security Agreement, dated as of June 18, 2013 (as amended, restated, supplemented, or otherwise modified from time to time, the “Security Agreement”), by and among each of the parties listed on the signature pages thereto and those additional entities that thereafter become parties thereto (collectively, jointly and severally, “Grantors” and each, individually, a “Grantor”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“US Bank”), in its capacity as collateral agent for the Secured Parties (in such capacity, together with its successors and assigns, the “Collateral Agent”).

JOINDER
Joinder • June 20th, 2008 • Pure Earth, Inc. • Pennsylvania

WHEREAS, Pure Earth, Inc. (“Pure Earth”), Casie Ecology Oil Salvage, Inc. (“Casie”), MidAtlantic Recycling Technologies, Inc. (“MART”), Rezultz, Incorporated (“Rezultz”), Rex Mouser (“Mouser”) (pursuant to a certain Joinder to Stock Purchase Agreement executed by Mouser), and Gregory W. Call (“Call”) are parties to a certain Stock Purchase Agreement dated as of February 13, 2007, as amended by a certain First Amendment to Stock Purchase Agreement dated as of February 28, 2007, a certain Second Amendment to Stock Purchase Agreement dated as of March 26, 2007, and a certain Third Amendment to Stock Purchase Agreement, dated as of May 7, 2007 (as so amended, the "Stock Purchase Agreement”); and

JOINDER
Joinder • June 20th, 2008 • Pure Earth, Inc.

WHEREAS, Pure Earth, Inc., Casie Ecology Oil Salvage, Inc., MidAtlantic Recycling Technologies, Inc., Rezultz, Incorporated and Gregory W. Call are parties to a certain Stock Purchase Agreement dated as of February 13, 2007, as amended by a certain First Amendment to Stock Purchase Agreement dated as of February 28, 2007 (as so amended, the “Stock Purchase Agreement”); and

JOINDER NO. 1
Joinder • November 6th, 2024 • Kronos Worldwide Inc • Industrial inorganic chemicals

Joinder No. 1 (this "Joinder"), dated as of August 7, 2024, to the Guaranty and Security Agreement, dated as of April 20, 2021 (as amended by that certain First Amendment to Guaranty and Security Agreement dated July 17, 2024, and as further amended, restated, supplemented, or otherwise modified from time to time, the "Guaranty and Security Agreement"), by and among each of the parties listed on the signature pages thereto and those additional entities that thereafter become parties thereto (collectively, jointly and severally, "Grantors" and each, individually, a "Grantor") and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "Agent").

JOINDER
Joinder • April 14th, 2023 • Niocorp Developments LTD • Metal mining • Delaware

THIS JOINDER (this “Joinder”) to the Exchange Agreement, dated as of March 17, 2023 (the “Agreement”), by and among GX Sponsor II LLC, a Delaware limited liability company (“Sponsor Holdco”), Elk Creek Resources Corp. (f/k/a GX Acquisition Corp. II), a Delaware corporation (“GX”), and NioCorp Developments Ltd., a company incorporated under the laws of the Province of British Columbia (the “Company”), is made and entered into as of March 17, 2023, but subsequent to the execution of the Agreement, by the undersigned (the “Holder”), and acknowledged and agreed by the Company and GX. Capitalized terms used herein but not otherwise defined shall have the respective meanings ascribed thereto in the Agreement.

SECOND JOINDER TO GLOBAL CUSTODY AGREEMENT
Joinder • December 27th, 2021 • Templeton Growth Fund Inc • New York

This second Joinder (“Joinder”) to the GLOBAL CUSTODY AGREEMENT, dated March 1, 2020 among each of the Customers listed on Annex B thereto (each a “Customer”) and JPMORGAN CHASE BANK, N.A. (“J.P. Morgan”), as amended from time to time (the “Agreement”), is made and entered into as of March 12, 2021, and shall be effective as of March 12, 2021, between the New Customer (as defined below) and J.P. Morgan.

JOINDER (1.75 Lien Notes)
Joinder • December 11th, 2019 • Hovnanian Enterprises Inc • Operative builders • New York

JOINDER NO. 1 dated as of December 10, 2019 (this “Joinder”) to (i) the FIRST LIEN INTERCREDITOR AGREEMENT dated as of October 31, 2019 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “First Lien Intercreditor Agreement”) among HOVNANIAN ENTERPRISES, INC. (“Hovnanian”), K. HOVNANIAN ENTERPRISES, INC. (the “Company”), certain of their subsidiaries, WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacities as the First Lien Collateral Agents (as defined therein), the First Lien Representatives (as defined therein) and the Joint First Lien Collateral Agent (as defined therein) and (ii) the First Lien Collateral Agency Agreement dated as of October 31, 2019 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “First Lien Collateral Agency Agreement” and, together with the First Lien Intercreditor Agreement, the “Joined Agreements”) among Hovnanian, the Company, certain of their subsidiaries, WILMINGTON TRU

Contract
Joinder • April 9th, 2018 • Vistra Energy Corp. • Electric services

JOINDER, dated as of April 9, 2018 (this “Joinder”), to the Guarantee and Collateral Agreement dated as of April 23, 2013 (the “Guarantee and Collateral Agreement”), among VISTRA ENERGY CORP., a Delaware corporation (as successor by merger to DYNEGY INC., a Delaware corporation, the “Borrower”), each Restricted Subsidiary (as defined in the Credit Agreement referred to below) of the Borrower from time to time party thereto (each such Restricted Subsidiary individually a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors”; the Subsidiary Guarantors and the Borrower are referred to collectively herein as the “Grantors”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, (“Credit Suisse”), as collateral trustee (in such capacity, the “Collateral Trustee”) for the First-Lien Secured Parties (as defined herein).

JOINDER
Joinder • February 22nd, 2019 • RE/MAX Holdings, Inc. • Real estate agents & managers (for others) • Delaware

This JOINDER (“Joinder”) to the Tax Receivable Agreement (as defined below) is dated as of December 19, 2018, and is entered into by and among RE/MAX Holdings, Inc., a Delaware corporation (“Holdings”), Parallaxes Capital Opportunities Fund I L.P., a Delaware limited partnership (“Transferor”), and Parallaxes Rain Co-Investment, LLC, a Delaware limited liability company (“Permitted Transferee”).

JOINDER
Joinder • September 12th, 2005 • Sealy Corp • Household furniture • New York

JOINDER dated as of September 8, 2004, to the Stockholders Agreement dated April 6, 2004 (the “Stockholders Agreement”) by and among Sealy Corporation, Bain Capital Fund V, L.P., BCIP Associates, BCIP Trust Associates, L.P., Harvard Private Capital Holdings, Inc., Sealy Investors 1 LLC (“SI1LLC”), Sealy Investors 2 LLC (“SI2LLC”), Sealy Investors 3, LLC (“SI3LLC”; and together with SI1LLC and SI2LLC, the “SILLCs”) and Sealy Holding LLC. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Stockholders Agreement.

JOINDER
Joinder • May 1st, 2014 • Fortress Investment Group LLC • Investment advice • Delaware

This JOINDER (this "Joinder") to the Amended and Restated Exchange Agreement, dated as of March 1, 2011 (the "Exchange Agreement"), by and among FIG Corp., a Delaware corporation, FIG Asset Co. LLC, a Delaware limited liability company, Fortress Operating Entity I LP, a Delaware limited partnership, Principal Holdings I LP, a Delaware limited partnership, and Peter Briger, Jr., Wesley Edens, Robert Kauffman, Randal Nardone and Michael Novogratz is made as of March 12, 2014, by FOE II (New) LP, a Delaware limited partnership ("FOE II").

JOINDER (1.75 Lien Term Loan)
Joinder • December 11th, 2019 • Hovnanian Enterprises Inc • Operative builders • New York

JOINDER NO. 2 dated as of December 10, 2019 (this “Joinder”) to (i) the FIRST LIEN INTERCREDITOR AGREEMENT dated as of October 31, 2019 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “First Lien Intercreditor Agreement”) among HOVNANIAN ENTERPRISES, INC. (“Hovnanian”), K. HOVNANIAN ENTERPRISES, INC. (the “Company”), certain of their subsidiaries, WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacities as the First Lien Collateral Agents (as defined therein), the First Lien Representatives (as defined therein) and the Joint First Lien Collateral Agent (as defined therein) and (ii) the First Lien Collateral Agency Agreement dated as of October 31, 2019 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “First Lien Collateral Agency Agreement” and, together with the First Lien Intercreditor Agreement, the “Joined Agreements”) among Hovnanian, the Company, certain of their subsidiaries, WILMINGTON TRU

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