Common use of Joinder of Additional Guarantor Clause in Contracts

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) of the Financing Agreement, by its execution of this Agreement, the Additional Guarantor hereby (i) confirms that the representations and warranties contained in Article VI of the Financing Agreement are true and correct in all material respects as to the Additional Guarantor as of the effective date of this Agreement, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date), and (ii) agrees that, from and after the effective date of this Agreement, the Additional Guarantor shall be a party to the Financing Agreement and shall be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, jointly and severally with the other Loan Parties, in favor of the Agents and the Lenders pursuant to Article XI of the Financing Agreement. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, each reference to a "Guarantor" or a "Loan Party" and each reference to the "Guarantors" or the "Loan Parties" in the Financing Agreement shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) of the Financing Agreement, by its execution of this Agreement, the Additional Guarantor hereby (i) confirms that that, as to the Additional Guarantor, the representations and warranties contained in Article VI of the Financing Agreement are true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations or warranties that already are qualified or modified as to materiality or "Material Adverse Effect" in the Additional Guarantor text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of the effective such date as though made on and as of this Agreementsuch date, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date)) (except that such materiality qualifier shall not be applicable to any representations or warranties that already are qualified or modified as to materiality or "Material Adverse Effect" in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) , and (ii) agrees that, from and after the effective date of this Agreement, the Additional Guarantor shall be a party to the Financing Agreement and shall be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, jointly and severally with the other Loan Parties, in favor of the Agents and the Lenders pursuant to Article XI of the Financing Agreement. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, each reference to a "Guarantor" or a "Loan Party" and each reference to the "Guarantors" or the "Loan Parties" in the Financing Agreement shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) 13 of the Financing AgreementGuarantee, by its execution of this AgreementGuarantee Joinder, the Additional Guarantor hereby (i) confirms that the representations and warranties contained in Article VI Section 6 of the Financing Agreement Guarantee (and in any other Transaction Document applicable to Guarantors) are true and correct in all material respects as to the Additional Guarantor as of the effective date of this AgreementGuarantee Joinder, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date), and (ii) agrees that, from and after the effective date of this AgreementGuarantee Joinder, the Additional Guarantor shall be a party to the Financing Agreement Guarantee and shall be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and the other Transaction Documents and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, severally and not jointly and severally with the Issuers and other Loan PartiesGuarantors, in favor of the Agents Collateral Agent and the Lenders pursuant to Article XI of the Financing Agreementother Secured Parties. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, Guarantee Joinder each reference to a "“Guarantor" or a "Loan Party" ” and each reference to the "“Guarantors" or the "Loan Parties" ” Guarantee Joinder in the Financing Agreement Securities Purchase Agreement, the Notes or any other Transaction Document shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) of the Financing Agreement, by its execution of this Agreement, the Additional Guarantor hereby (i) confirms that the representations and warranties contained in Article VI of the Financing Agreement and in each other Loan Document, certificate or other writing delivered to any Agent or any Lender pursuant to any Loan Document on or prior to the date hereof are true and correct in all material respects as to the Additional Guarantor on and as of the effective date of this AgreementAgreement as though made on and as of such date, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date), and (ii) agrees that, from and after the effective date of this Agreement, the Additional Guarantor shall be a party to the Financing Agreement and shall be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, Guarantors jointly and severally with the other Loan Partiesseverally, in favor of the Agents and the Lenders pursuant to the Guaranty in Article XI of the Financing Agreement. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, each reference to a "Guarantor" or a "Loan Party" and each reference to the "Guarantors" or the "Loan Parties" in the Financing Agreement shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Agreement and each other Loan Document and that it has read and understands the terms thereof.the

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) of the Financing Agreement, by its execution of this Agreement, the Additional Guarantor hereby (i) confirms that that, as to the Additional Guarantor, the representations and warranties contained in Article VI of the Financing Agreement are true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations or warranties that already are qualified or modified as to materiality or “Material Adverse Effect” in the Additional Guarantor text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of the effective such date as though made on and as of this Agreementsuch date, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date), ) and (ii) agrees that, from and after the effective date of this Agreement, the Additional Guarantor shall be a party to the Financing Agreement and shall be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, jointly and severally with the other Loan Parties, in favor of the Agents and the Lenders pursuant to Article XI of the Financing Agreement. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, each reference to a "“Guarantor" ” or a "“Loan Party" ” and each reference to the "“Guarantors" ” or the "“Loan Parties" ” in the Financing Agreement shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) 13 of the Financing AgreementGuarantee, by its execution of this AgreementGuarantee Joinder, the Additional Guarantor hereby (i) confirms that the representations and warranties contained in Article VI Section 6 of the Financing Agreement Guarantee (and in any other Transaction Document applicable to Guarantors) are true and correct in all material respects as to the Additional Guarantor as of the effective date of this AgreementGuarantee Joinder, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date), and (ii) agrees that, from and after the effective date of this AgreementGuarantee Joinder, the Additional Guarantor shall be a party to the Financing Agreement Guarantee and shall be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and the other Transaction Documents and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, severally and not jointly and severally with the Company and other Loan PartiesGuarantors, in favor of the Agents Collateral Agent and the Lenders pursuant to Article XI of the Financing Agreementother Secured Parties. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, Guarantee Joinder each reference to a "“Guarantor" or a "Loan Party" ” and each reference to the "“Guarantors" or the "Loan Parties" ” Guarantee Joinder in the Financing Agreement Securities Purchase Agreement, the Notes or any other Transaction Document shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) of the Financing Agreement, by By its execution of this Agreement, the Additional Guarantor hereby (i) confirms that the representations and warranties contained in Article VI of the Financing Agreement are true and correct in all material respects (or, in the event that such representations and warranties are qualified by materiality or material adverse effect or language of similar import, such representations shall be true and correct in all respects) as to the Additional Guarantor as of the effective date of this Agreement, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier datedate (or, in the event that such representations and warranties are qualified by materiality or material adverse effect or language of similar import, such representations shall be true and correct in all respects)), and (ii) agrees that, from and after the effective date of this Agreement, the Additional Guarantor shall be a party to the Financing Agreement and shall be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, jointly and severally with the other Loan Parties, in favor of the Agents and the Lenders pursuant to Article XI of the Financing Agreement. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, each reference to a "Guarantor" or a "Loan Party" and each reference to the "Guarantors" or the "Loan Parties" in the Financing Agreement any Loan Document shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b4.2(j) of the Financing Term Loan Agreement, by its execution of this Agreement, the Additional Guarantor hereby (i) confirms that that, as to the Additional Guarantor, the representations and warranties contained in Article VI Section 4.1 of the Financing Term Loan Agreement and in each other Loan Document, certificate or other writing delivered to the Administrative Agent or any Lender pursuant to any Loan Document on or prior to the date hereof are true and correct in all material respects as to the Additional Guarantor as of the effective date of this AgreementAgreement (except that such materiality qualifier shall not be applicable to any representations or warranties that already are qualified or modified as to “materiality” or “Material Adverse Effect” in the text thereof, which representations and warranties shall be true and correct in all respects subject to such qualification) on and as of such date as though made on and as of such date, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date), and (ii) agrees that, from and after the effective date of this Agreement, the Additional Guarantor shall be a party to the Financing Term Loan Agreement and shall be bound, as a “Guarantor”, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, Guarantors jointly and severally with the other Loan Partiesseverally, in favor of the Agents Administrative Agent and the Lenders pursuant to the Guaranty in Article XI X of the Financing Term Loan Agreement. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, Agreement each reference to a "“Guarantor" ” or a "“Loan Party" ” and each reference to the "“Guarantors" ” or the "“Loan Parties" ” in the Financing Term Loan Agreement and any other Loan Document shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Term Loan Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b7.12(a) of the Financing Loan Agreement, by its execution of this Agreement, the Additional Guarantor hereby (i) confirms that that, as to the Additional Guarantor, the representations and warranties contained in Article VI of the Financing Agreement Loan Agreement, and in each other Loan Document, certificate, or other writing delivered to the Agent or any Lender pursuant thereto on or prior to the date hereof are true and correct in all material respects as to the Additional Guarantor on and as of the effective date hereof as though made on and as of this Agreementthe date hereof, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case case, such representation or warranty shall be true and correct in all material respects on and as of such earlier date), and (ii) agrees that, from and after the effective date of this Agreement, the Additional Guarantor shall (A) be a party to the Financing Loan Agreement and each other Loan Document and shall be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, jointly and severally with the other Loan PartiesGuarantors, in favor of the Agents Agent and the Lenders pursuant to Article XI X of the Financing Loan Agreement, and (B) comply with each other requirement set forth in Section 7.12(a) of the Loan Agreement. The Additional Guarantor hereby agrees that from From and after the effective date of this Agreement, each reference to a "“Guarantor" ” or a "“Loan Party" ” and each reference to the "“Guarantors" ” or the "“Loan Parties" ” in the Financing Loan Agreement and each other Loan Document shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Loan Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) of the Financing Agreement, by By its execution of this Agreement, BFT Franchise Holdings, LLC (the “Additional Guarantor Guarantor”) hereby (i) confirms that the representations and warranties contained in Article VI of the Financing Agreement are true and correct in all material respects as to the Additional Guarantor as of the effective date of this AgreementSecond Amendment Effective Date, except to the extent that any such representation or warranty expressly relates solely to an earlier date (in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier datedate ), and (ii) agrees that, from and after the effective date of this AgreementSecond Amendment Effective Date, the Additional Guarantor shall be a party to the Financing Agreement and shall and be bound, as a Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, jointly and severally with the other Loan Parties, in favor of the Agents and the Lenders pursuant to Article XI of the Financing Agreement. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, Second Amendment Effective Date each reference to a "“Guarantor" ” or a "“Loan Party" party” and each reference to the "“Guarantors" ” or the "“Loan Parties" ” in the Financing Agreement shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Agreement and each other Loan Document and that it has read and understands the terms thereof.

Joinder of Additional Guarantor. (a) Pursuant to Section 7.01(b) 6.08 of the Financing Credit Agreement, by its execution of this Agreement, the Additional Guarantor hereby (i) confirms that the representations and warranties contained in Article VI V of the Financing Credit Agreement are true and correct in all material respects (except that if any such representation or warranty contains any materiality qualifier, such representation or warranty is and will be true and correct in all respects) as to the Additional Guarantor as of the effective date of this Agreement, Agreement (except to the extent that any such representation or warranty expressly relates representations and warranties relate solely to or are expressly made as of an earlier date (specified date, in which case such representation or warranty shall be representations and warranties were true and correct in all material respects on (except that if any such representation or warranty contains any materiality qualifier, such representation or warranty was true and correct in all respects) as of such earlier datethe date when made), and (ii) agrees that, from and after the effective date of this Agreement, the Additional Guarantor shall be a party to the Financing Credit Agreement and shall be bound, as a Subsidiary Guarantor, by all the provisions thereof and shall comply with and be subject to all of the terms, conditions, covenants, agreements and obligations set forth therein and applicable to the Guarantors, including, without limitation, the guaranty of the Obligations made by the Guarantors, jointly and severally with the other Loan Parties, in favor of the Agents and the Lenders pursuant to Article XI of the Financing Agreementtherein. The Additional Guarantor hereby agrees that from and after the effective date of this Agreement, Agreement each reference to a "“Subsidiary Guarantor" or a "Loan Party" and each reference to the "Guarantors" ” or the "Loan Parties" “Subsidiary Guarantors” in the Financing Credit Agreement or any other Loan Document shall include the Additional Guarantor. The Additional Guarantor acknowledges that it has received a copy of the Financing Credit Agreement and each other Loan Document and that it has read and understands the terms thereof.