Common use of Addition of New Lenders Clause in Contracts

Addition of New Lenders. Each Lender party to this Amendment that was not previously a party to the Reimbursement Agreement (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to become a Lender under the Reimbursement Agreement, (ii) from and after the date hereof, it shall be bound by the provisions of the Reimbursement Agreement as a Lender thereunder and, to the extent of its L/C Commitment shown on SCHEDULE 1 hereto, shall have the obligations of a Lender thereunder, (iii) it has received a copy of the Reimbursement Agreement, together with copies of the most recent financial statements delivered pursuant thereto, 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 it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (iv) if it is a Foreign Lender, it has separately delivered to the Administrative Agent and the Credit Parties any documentation required to be delivered by it pursuant to the terms of the Reimbursement Agreement, duly completed and executed by such 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 Credit Documents, and (ii) it will perform in accordance with their terms all of the obligations that by the terms of the Credit Documents are required to be performed by it as a Lender. Upon the effectiveness of this Amendment the aggregate Letter of Credit Participating Interests shall be reallocated among all of the Lenders Pro Rata based upon the L/C Commitments shown on SCHEDULE 1, it being intended that the new Lender's L/C Commitments and Letter of Credit Participating Interests shall be pari passu with those of the other Lenders.

Addition of New Lenders. Each Lender party to this Amendment that was not previously a party to the Reimbursement Agreement (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to become a Lender under the Reimbursement Agreement, (ii) from and after the date hereof, it shall be bound by the provisions of the Reimbursement Agreement as a Lender thereunder and, to the extent of its L/C Commitment shown on SCHEDULE Schedule 1 hereto, shall have the obligations of a Lender thereunder, (iii) it has received a copy of the Reimbursement Agreement, together with copies of the most recent financial statements delivered pursuant thereto, 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 it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (iv) if it is a Foreign Lender, it has separately delivered to the Administrative Agent and the Credit Parties any documentation required to be delivered by it pursuant to the terms of the Reimbursement Agreement, duly completed and executed by such 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 Credit Documents, and (ii) it will perform in accordance with their terms all of the obligations that by the terms of the Credit Documents are required to be performed by it as a Lender. Upon the effectiveness of this Amendment the aggregate Letter of Credit Participating Interests shall be reallocated among all of the Lenders Pro Rata based upon the L/C Commitments shown on SCHEDULE Schedule 1, it being intended that the new Lender's L/C Commitments and Letter of Credit Participating Interests shall be pari passu with those of the other Lenders.

Addition of New Lenders. Each Lender party to this Amendment that was not previously By its execution hereof, each of the following is becoming a party to the Reimbursement Credit Agreement as a Lender as of the Amendment Effective Date: Citibank, N.A. and PNC Bank, National Association (a) represents each a “New Lender”). Each New Lender shall evidence its entry into the Credit Agreement by its execution and warrants delivery of signature pages to this Amendment. This Amendment shall not be given effect prior to receipt of the New Lenders’ executed pages hereto. Each New Lender agrees that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to become constitutes a Lender under the Reimbursement Agreement, (ii) from Credit Agreement and after the date hereof, it other Loan Documents and shall be bound by the provisions of this Amendment, the Reimbursement Credit Agreement as a Lender thereunder and, and the other Loan Documents. Each New Lender’s Revolving Credit Commitment appears in Schedule 1 to the extent of its L/C Commitment shown on SCHEDULE 1 hereto, shall have the obligations of a Credit Agreement. Each New Lender thereunder, (iii) acknowledges and agrees that it has received a copy of the Reimbursement Credit Agreement, together with copies of the most recent financial statements delivered pursuant thereto, 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 it has made such to become a Lender, which analysis and decision has been made independently of and without reliance on upon the Administrative Agent or any other Lender, and (iv) if it is a Foreign Lender, it has separately delivered to the Administrative Agent and the Credit Parties any documentation required to be delivered by it pursuant to the terms of the Reimbursement Agreement, duly completed and executed by such new Lender; and (b) agrees that (i) . Each New Lender confirms it will, independently and without reliance on the Administrative Agent 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 Credit Agreement and the Loan Documents, and (ii) it will perform in accordance with their terms all of the obligations that which by the terms of the Credit Loan Documents are required to be performed by it as a Lender. Upon The Administrative Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit exposure under the effectiveness of this Amendment Credit Agreement (prior to giving effect to the aggregate Letter of Credit Participating Interests shall be reallocated among all Amendment) as are necessary in order that each such Lender’s credit exposure and outstanding Loans reflects such Lender’s ratable share of the Lenders Pro Rata based upon outstanding aggregate credit exposure on the L/C Commitments shown on SCHEDULE 1, it being intended that Amendment Effective Date. Notwithstanding anything to the new Lender's L/C Commitments and Letter of Credit Participating Interests shall be pari passu with those contrary in Section 3.3 of the other LendersCredit Agreement or otherwise in the Credit Agreement, each Lender, including any Departing Lender, agrees to waive, and will not request, reimbursement or indemnification to which it may otherwise be entitled, for any losses, costs and expenses incurred by such Lender in connection with the sale and assignment of any Eurocurrency and such reallocation described above or in the case of any Departing Lender, payment as provided under Section 4.1 above. The Borrower agrees with and consents to the foregoing.

Addition of New Lenders. Each Lender party The parties hereto agrees that the provision of Section 9.04 of the Credit Agreement shall not be applicable to the addition of the New Lenders pursuant to this Amendment that was not previously a party to the Reimbursement Agreement (a) represents Second Amendment. Each New Lender covenants and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to become a Lender under the Reimbursement Agreement, (ii) from and after the date hereof, it shall be bound by the provisions of the Reimbursement Agreement as a Lender thereunder and, to the extent of its L/C Commitment shown on SCHEDULE 1 hereto, shall have the obligations of a Lender thereunder, (iii) it has received a copy of the Reimbursement Agreement, together with copies of the most recent financial statements delivered pursuant thereto, 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 it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (iv) if it is a Foreign Lender, it has separately delivered to the Administrative Agent and the Credit Parties any documentation required to be delivered by it pursuant to the terms of the Reimbursement Agreement, duly completed and executed by such new Lender; and (b) 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 Credit Documents, and (iib) it will perform in accordance with their requisite terms all of the obligations that which by the terms of the Credit Documents are required to be performed by it as a Lender. Upon Furthermore, each New Lender represents and warrants that (a) it has full power and authority, and has taken all action necessary, to execute and deliver this Second Amendment and to consummate the effectiveness of this transactions contemplated hereby and to become a Lender under the Credit Agreement, (b) it satisfies the requirements specified in the Credit Agreement that are required to be satisfied by it in order to become a Lender, (c) from and after the Second Amendment the aggregate Letter of Credit Participating Interests Closing Date, it shall be reallocated among all bound by the provisions of the Lenders Pro Rata based upon Credit Agreement as a Lender thereunder and shall have the L/C Commitments shown obligations of a Lender thereunder, (d) it has received a copy of the Credit Agreement and the other Credit Documents requested by it, together with copies of the most recent financial statements delivered pursuant to Section 5.05 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 Second Amendment and to become a Lender under the Credit Agreement on SCHEDULE 1the basis of which it has made such analysis and decision independently and without reliance on the Agent or any other Lender, and (e) if it is a Foreign Lender, it being intended that has delivered to the new Lender's L/C Commitments and Letter of Credit Participating Interests shall be pari passu Borrower (with those a copy of the other LendersAdministrative Agent) any documentation required to be delivered by it pursuant to the terms of the Credit Agreement, duly completed and executed.