Additional Lender. The Additional Lender (i) confirms that it has received a copy of the Credit Agreement, the other Loan Documents and any amendments and exhibits 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 Agreement; (ii) agrees that it has and will, independently and without reliance upon the 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 entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit Agreement; (iii) appoints and authorizes the Agent to take such actions as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; 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. Upon the Incremental Effective Date, the Additional Lender shall make available to the Agent Revolving Loans in an amount sufficient to cause the outstanding Revolving Loans then held by all Lenders to be repaid such that the outstanding Revolving Loans held by each Lender (including the Additional Lender) following such repayment are pro rata in accordance with the Revolving Commitment of each such Lender after giving effect to this Agreement.
Appears in 2 contracts
Sources: Third Incremental Revolving Commitment Assumption Agreement (ExchangeRight Income Fund), Incremental Revolving Commitment Assumption Agreement (ExchangeRight Income Fund)
Additional Lender. The Additional Lender (i) represents and warrants that it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment, to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) confirms that it has received a copy of the Credit Agreement, Agreement and the other Loan Documents and any amendments and exhibits theretoDocuments, 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 AgreementAmendment and the Credit Agreement on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender or agent thereunder; (iiiii) agrees that it has and will, independently and without reliance upon the Administrative Agent or any other Lender or agent thereunder and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit AgreementAgreement and the other Loan Documents; (iiiiv) appoints and authorizes the Administrative Agent to take such actions action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agent, as the case may be, Administrative Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (ivv) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement and the other Loan Documents are required to be performed by it as a Lender. Upon The Additional Lender represents and warrants that, in participating as a Lender, it is |US-DOCS\158871609.13|| engaged in making, acquiring or holding commercial loans in the Incremental Effective Dateordinary course of its business, and not for the purpose of investing in the general performance or operations of the Borrower or any Subsidiary thereof or for the purpose of purchasing, acquiring or holding any other type of financial instrument, such as a security (and the Additional Lender shall make available hereby agrees not to assert a claim in contravention of the Agent Revolving Loans in an amount sufficient to cause foregoing, such as a claim under the outstanding Revolving Loans then held by all Lenders to be repaid such that the outstanding Revolving Loans held by each Lender (including the Additional Lender) following such repayment are pro rata in accordance with the Revolving Commitment of each such Lender after giving effect to this Agreementfederal or state securities laws).
Appears in 2 contracts
Sources: Credit Agreement (BKV Corp), Credit Agreement (BKV Corp)
Additional Lender. The Additional Lender (a) represents and warrants, as of the Amendment Effective Date, that (i) it is legally authorized to enter into this Amendment and (ii) it is an Eligible Assignee; (b) confirms that it has received a copy of the Credit Agreement, Agreement and the other Loan Credit Documents and any amendments and exhibits thereto, (together with copies of the most recent financial statements referred to therein in Section 5.1 of the Credit Agreement) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this AgreementAmendment; (iic) agrees that it has made and will, independently and without reliance upon the any 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 entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit Agreement, the other Credit Documents, or any instrument or document furnished pursuant hereto or thereto; (iiid) appoints and authorizes the each Agent to take such actions action as agent on its behalf and to exercise such powers and discretion under the Credit Agreement and Agreement, the other Loan Credit Documents or any other instrument or document furnished pursuant hereto or thereto as are delegated to the Agent, as the case may be, such Agent by the terms thereof, together with such powers as are reasonably incidental thereto; and (ive) agrees that that, as of the Amendment Effective Date, it will shall be bound by the provisions of the Credit Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, and shall perform in accordance with their its terms all of the obligations which which, by the terms of the Credit Agreement Agreement, the other Credit Documents or any other instrument or document furnished pursuant hereto or thereto, are required to be performed by it as a Revolving Lender. Upon the Incremental Effective Date, the Additional Lender shall make available to the Agent Revolving Loans in an amount sufficient to cause the outstanding Revolving Loans then held by all Lenders to be repaid such that the outstanding Revolving Loans held by each Lender (including the Additional Lender) following such repayment are pro rata in accordance with the Revolving Commitment of each such Lender after giving effect to this Agreement.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Pattern Energy Group Inc.)
Additional Lender. The Additional Lender (i) confirms that it has received a copy of the Credit Agreement, the other Loan Documents and any amendments and exhibits 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 Agreement; (ii) agrees that it has and will, independently and without reliance upon the 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 entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit Agreement; (iii) appoints and authorizes the Agent to take such actions as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; 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. Upon the Incremental Increase Effective Date, the Additional Lender shall make available to the Agent Revolving Loans in an amount sufficient to cause the outstanding Revolving Loans then held by all Revolving Lenders to be repaid such that the outstanding Revolving Loans held by each Revolving Lender (including the Additional Lender) following such repayment are pro rata in accordance with the Revolving Commitment of each such Revolving Lender after giving effect to this Agreement.
Appears in 1 contract
Additional Lender. The Additional Lender hereby joins in, becomes a party to, and agrees to comply with and be bound by the terms and conditions of the Credit Agreement as a Lender thereunder and under each and every other Loan Document to which any Lender is required to be bound by the Credit Agreement, to the same extent as if the Additional Lender were an original signatory thereto. The Additional Lender hereby appoints and authorizes the Administrative Agent to take such action as the Administrative Agent on its behalf and to exercise such powers and discretion under the Credit Agreement as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto. The Additional Lender represents and warrants that (ia) confirms that it has full power and authority, and has taken all action necessary, to execute and deliver this Eighth Amendment, to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (b) it has received a copy of the Credit Agreement, the other Loan Documents Agreement and any amendments and exhibits thereto, together with copies of the most recent financial statements referred delivered pursuant to therein Section 8.01 thereof, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Agreement; (ii) agrees that Eighth Amendment and to become a Lender on the basis of which it has made such analysis and will, decision independently and without reliance upon on the Administrative Agent or any other Lender Lender, and based on such documents (c) from and information as after the Eighth Amendment Effective Date, it shall deem appropriate at be a party to and be bound by the time, continue to make its own credit decisions in entering into the Credit Agreement and this Agreement, and in taking or not taking action under the Credit Agreement; (iii) appoints and authorizes the Agent to take such actions as agent on its behalf and to exercise such powers under provisions of the Credit Agreement and the other Loan Documents as are delegated to and have the Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; rights and (iv) agrees that it will perform in accordance with their terms all obligations of the obligations which by the terms of the Credit Agreement are required to be performed by it as a Lender. Upon the Incremental Effective Date, the Additional Lender shall make available to the Agent Revolving Loans in an amount sufficient to cause the outstanding Revolving Loans then held by all Lenders to be repaid such that the outstanding Revolving Loans held by each Lender (including the Additional Lender) following such repayment are pro rata in accordance with the Revolving Commitment of each such Lender after giving effect to this Agreementthereunder.
Appears in 1 contract
Sources: Credit Agreement (Energen Corp)