Joinder of New Borrower. Effective as of the date hereof, the New Borrower is, and shall be subject to and bound by, and shall be entitled to all the benefits of, the Loan Agreement, and shall be a party thereto, all as if the New Borrower had been a party to the original execution and delivery thereof; and all references in the Loan Agreement to a “Borrower” (or any other relevant term used to describe a Borrower thereunder) shall hereafter be deemed to be references to the New Borrower as well as to the existing Borrowers. The preamble to the Loan Agreement and any other applicable provisions therein shall hereafter be deemed to be modified to reflect the provisions of this paragraph. The Appendix I attached hereto shall be conclusive evidence that the New Borrower has been added to the Loan Agreement pursuant to this paragraph.
Joinder of New Borrower. In accordance with the Loan Agreement, New Borrower, by its signature below, becomes a Borrower under the Loan Agreement with the same force and effect as if originally named therein as a Borrower, and New Borrower hereby agrees to all the terms and provisions of the Loan Agreement applicable to it as a Borrower thereunder. Each reference to a "Borrower" in the Loan Agreement shall be deemed to include New Borrower. The Loan Agreement is hereby incorporated herein by reference.
Joinder of New Borrower. Subject to the satisfaction of the conditions precedent set forth in Section 7 hereof:
Joinder of New Borrower. The New Borrower hereby acknowledges, agrees and confirms that, by its execution of this Amendment, the New Borrower will be deemed to be a UK Borrower for all purposes of the Credit Agreement and shall have all of the obligations of a UK Borrower thereunder as if it had executed the Credit Agreement on the Effective Date in such capacity. The New Borrower hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Credit Agreement, including, without limitation, all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, all of the covenants set forth in Article V and Article VI of the Credit Agreement and all of the guaranty obligations set forth in Article X of the Credit Agreement, in each case, as applicable to the New Borrower. Without limiting the generality of the foregoing terms of this Section 3, the New Borrower, subject to the limitations set forth in Sections 10.10 and 10.13 of the Credit Agreement, hereby guarantees, jointly and severally with the other UK Borrowers, to the Administrative Agent and the Lenders, as provided in Article X of the Credit Agreement, the prompt payment and performance of the UK Guaranteed Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) strictly in accordance with the terms thereof and agrees that if any of the UK Guaranteed Obligations are not paid or performed in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise), the New Borrower will, jointly and severally together with the other UK Borrowers, promptly pay and perform the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the UK Guaranteed Obligations, the same will be promptly paid in full when due (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewal. The New Borrower hereby waives acceptance by the Administrative Agent and the Lenders of the guaranty by the New Borrower upon the execution of this Amendment by the New Borrower.
Joinder of New Borrower. The New Borrower hereby agrees that, from the First Amendment Effective Date, it shall become a Borrower under the Credit Agreement, and accordingly, agrees that from the First Amendment Effective Date and until the payment in full of all Obligations and the performance of all of its obligations thereunder, it shall perform, comply with and be bound by each of the provisions of the Credit Agreement.
Joinder of New Borrower. (a) AMCON Acquisition hereby (a) confirms that it has received a copy of the Credit Agreement, as amended by this Amendment, the other loan documents executed in connection therewith and such other documents and information as it has deemed appropriate and (b) agrees that it will be bound by the provisions of the Credit Agreement, as amended by this Amendment, and will perform in accordance with its terms all the obligations which by the terms of the Credit Agreement are required to be performed by it as a Borrower.
Joinder of New Borrower. New Borrower agrees to, and does hereby, become a “Borrower” under the Credit Agreement and become bound by the Credit Agreement with the same force and effect as if it were an original party to the Credit Agreement.
Joinder of New Borrower. (a) Mesaba hereby (a) confirms that it has received a copy of the Credit Agreement, as amended by this Amendment, the other Financing Documents executed in connection therewith and such other documents and information as it has deemed appropriate and (b) agrees that it will be bound by the provisions of the Credit Agreement, as amended by this Amendment, and will perform in accordance with its terms all the obligations which by the terms of the Credit Agreement are required to be performed by it as a Borrower.
Joinder of New Borrower. (a) The New Borrower hereby acknowledges, agrees and confirms that, by its execution of this Amendment, the New Borrower will be deemed to be a party to the Amended Credit Agreement and a “Borrower” for all purposes of the Amended Credit Agreement, and shall have all of the obligations of a Borrower thereunder as if it had executed the Amended Credit Agreement. The New Borrower hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions applicable to the Borrowers contained in the Amended Credit Agreement. Without limiting the generality of the foregoing, the parties hereto hereby confirm that with effect from the Fourth Amendment Effective Date, the New Borrower shall have obligations, duties and liabilities toward each of the other parties to the Amended Credit Agreement identical to those which the New Borrower would have had if the New Borrower had been an original party to the Amended Credit Agreement as a Borrower. The New Borrower hereby confirms its acceptance of, and consents to, all representations and warranties, covenants, and other terms and provisions of the Amended Credit Agreement.
Joinder of New Borrower. If the Borrowers desire to request a Revolving Loan for the acquisition or development of Lots or construction of Units on Lots that are owned or to be purchased by a Subsidiary of one of the Borrowers which is not itself a Borrower, then before the Borrowers comply with Sections 6.3(a) and 6.3(b), the Borrowers and each such Subsidiary shall execute and deliver to the Administrative Agent a Joinder Agreement pursuant to which such Subsidiary shall become a Borrower hereunder and shall provide each of the deliveries listed in Section 6.1(b), including a favorable legal opinion addressed to the Agents and Lenders in form and substance satisfactory to the Agents, with respect to the joinder of such Subsidiary. The Borrowers and each such Subsidiary shall execute a sufficient number of original counterparts of the Joinder Agreement so that the Administrative Agent will have one fully executed original to deliver to each of the Lenders.
