Common use of FORM OF LENDER ADDENDUM Clause in Contracts

FORM OF LENDER ADDENDUM. LENDER ADDENDUM Reference is made to that Credit Agreement dated as of March 31, 2008 (as amended, restated, renewed, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) XXXXXXXX BRANDS L.L.C., a Delaware limited liability company (the “Borrower”); (b) XXXXXXXX BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein. Upon execution and delivery of this Lender Addendum by the parties hereto as provided in Section 8.17 of the Credit Agreement, the undersigned hereby becomes a Lender thereunder having the Commitments set forth in Schedule 1 hereto, effective as of the Effective Date. THIS LENDER ADDENDUM SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW). This Lender Addendum may be executed in any number of counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. Transmission by facsimile or other electronic transmission of an executed counterpart of this Lender Addendum shall be deemed to constitute due and sufficient delivery of such counterpart.

Appears in 2 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

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FORM OF LENDER ADDENDUM. LENDER ADDENDUM Reference is made to that the Second Amended and Restated Credit Agreement dated as of March 31June 15, 2008 2011 (as amended, restatedmodified, renewed, supplemented renewed or otherwise modified extended from time to time, the “Credit Agreement”), by and among: (a) XXXXXXXX BRANDS L.L.C.among The Xxxx Group Inc., a Delaware limited liability company Louisiana corporation (the “Borrower”); (b) XXXXXXXX BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”)lenders party thereto and BNP Paribas, as administrative agent Agent for the Lenders (and as an Issuer. Terms used but not defined in this Lender Addendum have the meanings assigned to such capacity, the “Administrative Agent”), as Swing Line Lender (as defined terms in the Credit Agreement). Subject to the effectiveness of the amendment and restatement of the Existing Facility, and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein. Upon upon execution and delivery of this Lender Addendum by the parties hereto as provided in Section 8.17 2.21 and Section 15.7 of the Credit Agreement, the undersigned (i) to the extent not already a Lender, hereby becomes a Lender thereunder having under the Credit Agreement and (ii) shall have Facility LC Commitments set forth (including, if the undersigned is already a Lender, its Facility LC Commitment before giving effect hereto) in Schedule 1 heretoan aggregate amount equal to $_____________, effective as of the Effective Datedate of acceptance specified below. THIS LENDER ADDENDUM SHALL BE GOVERNED BYTo the extent that the undersigned is already a Lender under the Credit Agreement, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW)the Facility LC Commitments on this Lender Addendum shall supersede its previous Facility LC Commitments under the Credit Agreement. This Lender Addendum shall be construed in accordance with and governed by the law of the State of New York. This Lender Addendum may be executed in by one or more of the parties hereto on any number of separate counterparts, any set and all of which signed by all the parties hereto said counterparts taken together shall be deemed to constitute a complete, executed original for all purposesone and the same instrument. Transmission by facsimile or other electronic transmission Delivery of an executed counterpart of this Lender Addendum signature page hereof by facsimile transmission shall be deemed to constitute due and sufficient effective as delivery of such counterparta manually executed counterpart hereof.

Appears in 1 contract

Samples: Credit Agreement (Shaw Group Inc)

FORM OF LENDER ADDENDUM. LENDER ADDENDUM Reference is made to that certain Third Amended and Restated Credit Agreement Agreement, dated as of March 31February _____, 2008 2010 (as the same may be further amended, restated, renewedamended and restated, supplemented supplemented, replaced or otherwise modified from time to time, the “Credit Agreement”), by and among: (a) XXXXXXXX BRANDS L.L.C.among PINNACLE ENTERTAINMENT, INC., a Delaware limited liability company corporation (the “Borrower”); (b) XXXXXXXX BRANDS INTERNATIONAL, the several banks and other financial institutions or entities from time to time parties thereto, BANC OF AMERICA SECURITIES LLC AND JPMORGAN SECURITIES, INC., a New Jersey corporation (“CBII”); (c) each of the banksas Joint Lead Arrangers and Joint Book Runners, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”)BARCLAYS BANK PLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), as Swing Line Lender (as defined in the Credit Agreement), and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunneragent. Unless otherwise indicateddefined herein, all terms defined in the Credit Agreement and used herein shall have the same respective meanings when used hereingiven to them in the Credit Agreement. Upon execution and delivery of this Lender Addendum by the parties hereto as provided in Section 8.17 10.17 of the Credit Agreement, the undersigned hereby becomes a Lender thereunder having the Commitments set forth in Schedule 1 hereto, effective as of the Effective Date. THIS LENDER ADDENDUM SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH WITH, THE LAWS LAW OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW)YORK. This Lender Addendum may be executed in by one or more of the parties hereto on any number of separate counterparts, any set and all of which signed by all the parties hereto said counterparts taken together shall be deemed to constitute a complete, executed original for all purposesone and the same instrument. Transmission by facsimile or other electronic transmission Delivery of an executed counterpart of this Lender Addendum signature page hereof by facsimile transmission shall be deemed to constitute due and sufficient effective as delivery of such counterparta manually executed counterpart hereof.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Entertainment Inc)

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FORM OF LENDER ADDENDUM. LENDER ADDENDUM Reference is made to that the Amended and Restated Credit Agreement dated as of March 31[___], 2008 2009 (as amended, restatedmodified, renewed, supplemented renewed or otherwise modified extended from time to time, the “Credit Agreement”), by and among: (a) XXXXXXXX BRANDS L.L.C.among The Xxxx Group Inc., a Delaware limited liability company Louisiana corporation (the “Borrower”); (b) XXXXXXXX BRANDS INTERNATIONAL, INC., a New Jersey corporation (“CBII”); (c) each of the banks, financial institutions and other institutional lenders executing a Lender Addendum (collectively, the “Initial Lenders”); (d) COÖPERATIEVE CENTRALE RAIFFEISEN - BOERENLEENBANK B.A., “RABOBANK NEDERLAND”, NEW YORK BRANCH (“Rabobank”)lenders party thereto and BNP Paribas, as administrative agent Agent for the Lenders (and as an Issuer. Terms used but not defined in this Lender Addendum have the meanings assigned to such capacity, the “Administrative Agent”), as Swing Line Lender (as defined terms in the Credit Agreement). Subject to the effectiveness of the amendment and restatement of the Existing Facility, and as an L/C Issuer (as defined in the Credit Agreement); and (e) Rabobank, as lead arranger and bookrunner. Unless otherwise indicated, all terms defined in the Credit Agreement have the same respective meanings when used herein. Upon upon execution and delivery of this Lender Addendum by the parties hereto as provided in Section 8.17 2.21 and Section 15.7 of the Credit Agreement, the undersigned (i) to the extent not already a Lender, hereby becomes a Lender thereunder having under the Credit Agreement and (ii) shall have Facility LC Commitments set forth (including, if the undersigned is already a Lender, its Facility LC Commitment before giving effect hereto) in Schedule 1 heretoan aggregate amount equal to $ , effective as of the Effective Datedate of acceptance specified below. THIS LENDER ADDENDUM SHALL BE GOVERNED BYTo the extent that the undersigned is already a Lender under the Credit Agreement, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW)the Facility LC Commitments on this Lender Addendum shall supersede its previous Facility LC Commitments under the Credit Agreement. This Lender Addendum shall be construed in accordance with and governed by the law of the State of New York. This Xxxxxx Xxxxxxxx may be executed in by one or more of the parties hereto on any number of separate counterparts, any set and all of which signed by all the parties hereto said counterparts taken together shall be deemed to constitute a complete, executed original for all purposesone and the same instrument. Transmission by facsimile or other electronic transmission Delivery of an executed counterpart of this Lender Addendum signature page hereof by facsimile transmission shall be deemed to constitute due and sufficient effective as delivery of such counterparta manually executed counterpart hereof.

Appears in 1 contract

Samples: Assignment Agreement (Shaw Group Inc)

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