Lender Joinder. The Funding Lender hereby acknowledges and agrees that on the date hereof, it shall become a Lender under the Loan Agreement and that it will (i) be bound by the terms of the Loan Agreement as fully and to the same extent as if the undersigned were an original Lender under the Loan Agreement, (ii) perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender and (iii) agrees to execute and deliver such other instruments, and take such other actions, as the other Lenders or any Loan Party may reasonably request in connection with the transactions contemplated by this Amendemnt. The Funding Lender (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 consummate the transactions contemplated hereby and to become a Lender under the Loan Agreement, (ii) from and after the date hereof, it shall be bound by the provisions of the Loan Agreement and shall have the obligations of a Lender thereunder, and (iii) it has received a copy of the Loan Agreement and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this letter agreement and to advance the Incremental Term Loan and any other Loan under the Loan Agreement from time to time on the basis of which it has made such analysis and decision; and (b) agrees that it will, independently and without reliance on any other Lender, and based on such documents and information as it shall deem appropriate at that time, continue to make its own credit decisions in taking or not taking action under the Loan Documents. From and after the date hereof, by execution of this Amendment, the Funding Lender and other Lenders hereby acknowledge, agree and confirm that the Funding lender will be deemed to be a party to the Loan Agreement and a “Lender” for all purposes of the Loan Agreement and other Loan Documents.
Lender Joinder. In consideration of the foregoing, Lender agrees that (a) Lender must, at Lender's sole cost, repair any damage in or about the Leased Premises caused by any entry or removal of Tenant's Personal Property by Lender or its agents; (b) Lender must pay to Landlord all rent and other charges due under the Lease during the period commencing on the date on which Lender has the right to access the Leased Premises, as set forth in Landlord's Availability Notice to Lender (the "Access Date") through the date of removal and repair; (c) Lender has no right to change the locks or otherwise restrict Landlord's access to the Leased Premises, without Landlord's prior written consent; (d) if Lender fails to remove all of Tenant's Personal Property within the 30 day period following the Accesss Date, Landlord may remove, dispose or otherwise store Tenant's Personal Property outside the Leased Premises, at Lender's sole cost; (e) Lender has no right to conduct any auction or other sale of Tenant's Personal Property at, from or within the Leased Premises, except at such times and upon such terms as Landlord may deem acceptable, in Landlord's reasonable discretion; (f) Landlord or its agents may access and perform work within the Leased Premises during the period in which the removal and repair work described above is being performed by Lender (or its agents), so long as Landlord's work does not unreasonably interfere with Lender's (or its agent's) work; and (g) nothing herein (other than Landlord's agreement to subordinate) shall waive, modify or otherwise restrict any of Landlord's rights, remedies and recourse under the Lease or otherwise upon Tenant's default. EXECUTED this 7th day of June, 2000. LENDER: FLEET CAPITAL CORPORATION By: /s/ Xxxxx X. Xxxxxxx -------------------------------- Name: Xxxxx X. Xxxxxxx ------------------------------ Title: Vice President/Sr. Lender ------------------------------ SCHEDULE A EQUIPMENT Attached hereto and made part of the following documents: Lease Schedule No. 35076-00002 Acceptance Certificate and UCC Financing Statement(s) With: NAVISITE, INC. -------------------------------------------------------------------------------- Quantity Model Unit# Description Serial#/Vin# -------- ----- ----- ----------- ------------ LOC# (01) ELECTRICAL ITEMS AS MORE FULLY DESCRIBED BELOW: VENDOR: XXXXXXXX POWER (CAT) -------------------------------------------------------------------------------- SCHEDULE A EQUIPMENT Attached hereto and made part of ...
Lender Joinder. By execution of this Amendment, each Person identified on the signature pages hereto as a “Term A Lender”, in its capacity as such, hereby acknowledges, agrees and confirms that, by its execution of this Amendment, such Person will be deemed to be a party to the Amended Credit Agreement (to the extent not already a party thereto) and a “Term A Lender” for all purposes of the Amended Credit Agreement, and shall have all of the obligations of a Term A Lender thereunder as if it had executed the Amended Credit Agreement. Such Person hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions applicable to the Term A Lenders contained in the Amended Credit Agreement.
Lender Joinder. From and after the date hereof, each Person identified on the signature pages hereto as a Lender that is not a party to the Credit Agreement immediately prior to giving effect to this Amendment (each, a “New Lender”) shall be deemed to be a party to the Credit Agreement and a “Lender” for all purposes of the Credit Agreement and the other Loan Documents, and shall have all of the rights and obligations of a Lender under the Credit Agreement and the other Loan Documents as if it had executed the Credit Agreement.
Lender Joinder. From and after the Third Amendment Effective Date, by execution of this Amendment, each New Lender hereby acknowledges, agrees and confirms that, by its execution of this Amendment, such Person will be deemed to be a party to the Existing Credit Agreement (as amended hereby) and a “Tranche A-3 Term Loan Lender” and a “Lender” for all purposes of the Existing Credit Agreement (as amended hereby), and shall have all of the rights and obligations of a Lender thereunder as if it had executed the Existing Credit Agreement (as amended hereby). Such Person hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions applicable to the Lenders contained in the Existing Credit Agreement (as amended hereby).
Lender Joinder. Each of the undersigned that are signatory hereto as a Joining Lender, by execution of this Amendment, hereby confirms and agrees that, with effect as of the Amendment No. 2 Effective Date, it shall be and become a party to the Credit Agreement and the other Loan Documents as a Lender thereunder, and shall have all of the rights and be obligated to perform all of the obligations of a Lender thereunder, and shall have the Revolving Credit Commitment set forth opposite such Joining Lender’s name in Schedule 2.01 to this Amendment (as such Revolving Credit Commitment may from time to time be reduced in accordance with the Credit Agreement). Each Joining Lender hereby (a) represents and warrants that it has full power and authority, and has taken all action necessary, to execute and delivery this Amendment and to become a Lender under the Credit Agreement; (b) acknowledges that it has received a copy of the Credit Agreement and the other Loan Documents and the schedules and exhibits thereto and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to become a party to the Credit Agreement and the other Loan Documents as a Lender thereunder; and (c) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender or any of their Affiliates and based on such documents and information as it shall from time to time deem appropriate, continue to make its own credit and legal decisions in taking or not taking action under or based upon the Credit Agreement, any other Loan Document or any related agreement or any document furnished thereunder. 113967602_9
Lender Joinder. Each of JPMorgan Chase Bank, N.A. and Union Bank, N.A. (each a “New Lender” and collectively, the “New Lenders”), by its execution of this Amendment, hereby acknowledges, agrees and confirms (i) its Revolving Commitment and Term Loan Commitment in an aggregate principal amount for such New Lender set forth on Schedule 1.1 to the Credit Agreement (and attached hereto as Annex I) and its obligation to make its portion of the Revolving Loans and Term Loans to the Borrower in accordance with the provisions of the Credit Agreement and (ii) that each New Lender will, as of the Second Amendment Effective Date, be a party to the Credit Agreement and be bound by the provisions of the Credit Agreement and have the rights and obligations of a Lender thereunder.
Lender Joinder. From and after the Second Amendment Effective Date, by execution of this Incremental Facility Amendment, each Person identified on the signature pages hereto as a New Revolving Lender hereby acknowledges, agrees and confirms that, by its execution of this Incremental Facility Amendment, such Person will be deemed to be a party to the Amended Credit Agreement and a “Lender” and a “Revolving Lender” for all purposes of the Amended Credit Agreement, and shall have all of the obligations of a Lender and Revolving Lender thereunder as if it had executed the Amended Credit Agreement. Such Person hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions applicable to the Lenders and Revolving Lenders contained in the Amended Credit Agreement.
Lender Joinder. This Lender Joinder to the Restructuring Support Agreement, dated as of August 17, 2009, by and among RDA Holding Co., The Reader’s Digest Association, Inc. (the “Company”), and certain of the Company’s subsidiaries and affiliates set forth on Schedule 1 of the Support Agreement (as defined herein and annexed hereto on Annex I), the Consenting Lenders signatory thereto and the Consenting Shareholders signatory thereto (the “Support Agreement), is executed and delivered by [ ] (the “Joining Lender Party”) as of [__________], 20[__]. Each capitalized term used herein but not otherwise defined shall have the meaning set forth in the Support Agreement.
Lender Joinder. Each Second Amendment Term Loan Lender (a) confirms that it has received a copy of the Credit Agreement, together with copies of the financial statements referred to in Section 3.1 thereof and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (b) agrees that it will, independently and without reliance upon 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 Agreement; (c) appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Credit Agreement as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; and (d) agrees that, as of the Second Amendment Effective Date, it shall (i) be a party to the Credit Agreement and the other Credit Documents, (ii) be a “Lender” for all purposes of the Credit Agreement and the other Credit Documents, (iii) perform all of the obligations that by the terms of the Credit Agreement are required to be performed by it as a Lender under the Credit Agreement and (iv) shall have the rights and obligations of a Lender under the Credit Agreement and the other Credit Documents.
