Additional Bank. A lender which is to become a party to this Agreement pursuant to Section 2.1.3 [Increase in Commitments After Closing Date] hereof or otherwise (each an "Additional Bank") shall execute and deliver to the Agent a Bank Joinder to this Agreement in substantially the form attached hereto as Exhibit 1.1(B)(1). Upon execution and delivery of a Bank Joinder, such Additional Bank shall be a party hereto and a "Bank" under each of the Loan Documents for all purposes, except that such Additional Bank shall not participate in any Revolving Credit Loans to which the LIBO-Rate Option applies which are outstanding on the effective date of such Bank Joinder. If Borrower should renew after the effective date of such Bank Joinder the LIBO-Rate Option with respect to Revolving Credit Loans existing on such date, Borrower shall be deemed to repay the applicable Revolving Credit Loans on the renewal date and then reborrow a similar amount on such date so that the Additional Bank shall participate in such Revolving Credit Loans after such renewal date. Schedule 1.1(B) shall be amended and restated on the date of such Bank Joinder to read as set forth on the attachment to such Bank Joinder. Simultaneously with the execution and delivery of such Bank Joinder, the Borrower shall execute, if requested, a Revolving Credit Note and deliver it to such Additional Bank together with copies of such other documents described in Section 7.1 (Affirmative Covenants) hereof as such Additional Bank may reasonably require.
Additional Bank. From time to time additional Bank may be added hereto upon execution by the Borrower, the Bank and such additional Bank of documentation in form and substance satisfactory to each of such parties.
Additional Bank. By its execution and delivery of this --------------- Amendment, Barclays Bank PLC, New York Branch (the "Additional Bank"), hereby --------------- agrees to be bound, and shall have the rights under the Credit Agreement and the Loan Documents, as a Bank having a Commitment equal to the amount specified in Schedule 1 to this Amendment, and the Agents and MBIA each hereby consent to the Additional Bank becoming a Bank. The Additional Bank acknowledges and agrees that the Agents (i) make no representation or warranty and assume no responsibility with respect to any statements, warranties and representations made in or in connection with the Credit Agreement or any of the Loan Documents or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement or any of the Loan Documents or any other instrument or document furnished pursuant thereto; and (ii) make no representation or warranty and assumes no responsibility with respect to the financial condition of or the performance or observance by MBIA of any of their obligations under the Credit Agreement, any of the Loan Documents or any other instrument or document furnished pursuant thereto. The Additional Bank further (i) confirms that it has received a copy of the Credit Agreement, together with copies of the financial statements and SEC Reports 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 the Credit Agreement; (ii) agrees that it will, independently and without reliance upon the Agents 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) agrees to the provisions of Article 8 of the Credit Agreement and appoints and authorizes the Agents on its behalf to exercise such powers under the Credit Agreement and the other Loan Documents, as are delegated to the Agents by the terms thereof and hereof, together with such powers as are reasonably incidental thereto; and (iv) agrees that it will be bound by all of the terms and conditions of the Credit Agreement and the other Loan Documents and 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 Bank.
Additional Bank. A bank which is to become a party to this Agreement pursuant to Section 2.12 hereof or otherwise (each an "Additional Bank') shall execute and deliver to Agent a Bank Joinder to this Agreement in substantially the form attached hereto as Exhibit 1.1(B). Upon execution and delivery of a Bank Joinder, such Additional Bank shall be a party hereto and a Bank under each of the Loan Documents for all purposes, except that such Additional Bank shall not participate in any Loans to which the Euro-Rate Option applies which are outstanding on the effective date of such Bank Joinder. If Borrower should renew after the effective date of such Bank Joinder the Euro-Rate Option with respect to Loans existing on such date, Borrower shall be deemed to repay the applicable Loans on the renewal date and then reborrow a similar amount on such date so that the Additional Bank shall participate in such Loans after such renewal date. Schedule 1.1(B) shall be amended and restated on the date of such Bank Joinder to revise the information contained therein as appropriate to reflect the information on the attachment to such Bank Joinder. Simultaneously with the execution and delivery of such Bank Joinder, Borrower shall execute a Revolving Credit Note, and deliver it to such Additional Bank together with originals of such other documents described in Section 7.1 hereof as such Additional Bank may reasonably require.
Additional Bank. Canadian Imperial Bank of Commerce hereby becomes a party to the Agreement as amended hereby and a "Bank" for all purposes thereof, entitled to all rights and subject to all duties and obligations of a "Bank" thereunder. The aggregate amount of the Commitments under the Agreement as amended hereby is $660,000,000, and each Bank's Commitment under the Agreement as amended hereby is the amount set forth opposite its name on the signature pages hereof.
Additional Bank. Upon execution of this Amendment by NationsBank, N.A., NationsBank, N.A. shall be a Bank for all purposes under the Credit Agreement with the Commitment set forth on the signature page hereof.
Additional Bank. Any bank becoming a party to this Agreement pursuant to Section 2.15 hereof (each an "Additional Bank") shall execute and deliver to Agent a joinder to this Agreement, in substantially the form attached hereto as Exhibit M and otherwise satisfactory to Banks and Borrower. Upon execution and delivery of such joinder, such Additional Bank shall be a party hereto and added to Schedule 1.01(C) and shall be one of the Banks hereunder for all purposes except that such Additional Bank's rights shall be limited in the following respects as more fully set forth in such joinder: (A) such Additional Bank shall not participate in Letters of Credit or Escrow Agreements pursuant to Section 2.13 hereof or be entitled to issue new Letters of Credit or Escrow Agreements until the first Business Day of the fiscal quarter following the effective date of the joinder, (B) on the effective date of such joinder the Borrower shall repay all outstanding Loans to which the Prime Rate Option applies and reborrow a like amount of Loans under the Prime Rate Option from the Banks, including the Additional Bank, according to their new Revolving Credit Ratable Shares, (C) such Additional Bank shall not participate in any Loans to which either the CD Rate Option, the Revolving Credit Euro-Rate Option, the Term Loan Euro-Rate Option or the Term Loan Treasury Rate Option applies which are outstanding on the effective date of such joinder but shall participate in all new Loans made to Borrower after the effective date of such joinder including, without limitation, new Loans and renewals and conversions of Loans subject to the CD Rate Option, the Revolving Credit Euro- Rate Option, the Term Loan Euro-Rate Option or the Term Loan Treasury Rate Option; and (D) if Treasury Rate Term Loans are outstanding on the date of such joinder, Borrower and such Additional Bank may elect either: (1) to have such Additional Bank make a Treasury Rate Term Loan to the Borrower on the effective date of such joinder in an amount equal to such Additional Bank's Ratable Share of each Borrowing Tranche (the Additional Bank shall make a separate Treasury Rate Term Loan for each such Borrowing Tranche) of Treasury Rate Term Loans outstanding (after giving effect to the Treasury Rate Term Loan to be made by such Additional Bank) with a term that expires on the Treasury Rate Term Loan Due Date with respect to the Loans comprising such Borrowing Tranche and bearing interest at a rate which is less than or equal to the A...
Additional Bank. 119 11.12 Joinder of Guarantors . . . . . . . . . . . . . 121 11.13 Confidentiality . . . . . . . . . . . . . . . . 122 11.14 Counterparts. . . . . . . . . . . . . . . . . . 122 11.15 Exceptions. . . . . . . . . . . . . . . . . . . 122 11.16 Consent to Forum; Waiver of Jury Trial . . . . . . . . . . . . . . . . . . . . . 122 11.17 Tax Withholding Clause. . . . . . . . . . . . . 123 11.18 Existing Agreement. . . . . . . . . . . . . . . 123 11.19 Pari Passu Treatment of Loans . . . . . . . . . 123 SCHEDULE 1.01(C) COMMITMENTS OF BANKS SCHEDULE 1.01(E) EXISTING LETTERS OF CREDIT AND ESCROW AGREEMENTS SCHEDULE 1.01(P) PERMITTED LIENS SCHEDULE 1.01(Q) QUALIFIED RATING AGENCIES; QUALIFIED RATINGS; COMPANY DEBT RATING SCHEDULE 5.01(c) SUBSIDIARIES SCHEDULE 5.01(t) EMPLOYEE BENEFIT PLAN DISCLOSURES SCHEDULE 5.01(v) ENVIRONMENTAL DISCLOSURES SCHEDULE 8.02(a)(ii) PERMITTED OTHER INDEBTEDNESS SCHEDULE 8.02(a)(iii) PERMITTED SUBORDINATED INDEBTEDNESS EXHIBITS EXHIBIT A ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT B ENVIRONMENTAL CERTIFICATE EXHIBIT C GUARANTY AND SURETYSHIP AGREEMENT EXHIBIT D INDEMNITY AGREEMENT EXHIBIT E NOTE EXHIBIT F LOAN REQUEST FORM EXHIBIT G OPINION OF COUNSEL EXHIBIT H EXAMPLE OF BORROWING BASE COMPUTATION EXHIBIT I INTERCOMPANY SUBORDINATION AGREEMENT EXHIBIT J APPRAISERS EXHIBIT K GUARANTOR JOINDER EXHIBIT L COMPLIANCE CERTIFICATE EXHIBIT M BANK JOINDER EXHIBIT N CONFIRMATION OF EXPOSURE EXHIBIT O EXAMPLE OF COMPUTATION OF TREASURY RATE TERM LOAN PREPAYMENT PREMIUM
Additional Bank. Each of the parties hereby acknowledges that it has been advised of the assignment from Wachovia Bank, N.A. to Branch Banking and Trust Company of a portion of its Commitment in the amount of $4,500,000 (leaving Wachovia Bank, N.A. with a remaining Commitment of $40,500,000), and a ratable share of outstanding Revolver Loans and risk participations in Letters of Credit, and that the Lending Office and notice address for purposes of Section 9.01 of the Credit Agreement of Branch Banking and Trust Company is: Branch Banking and Trust Company 11650 Alpharetta Highway Roswell, GA 30076 Xxxxxxxxx: X. Xxxxxxx Xxxxx, Xx. Telecopier: 678-360-0000 Confirmation: 678-762-5215
Additional Bank. 20.1 Ghana International Bank Plc or such other Bank(s) as shall be agreed upon by the Agent, the Banks and the Borrower (the Additional Bank(s)) may at its own costs become a party to this Agreement by delivering to the Agent a duly completed and executed Accession Letter in the format set out in Schedule E hereto, provided that the aggregate of the Facility Amount and the facility to be provided pursuant to the Barclays Facility to the Borrower, shall not exceed US$35 Million and that no Accession Agreement shall be entered into after January 31, 2007.
