New Bank. The New Bank agrees with the Borrowers, the Banks and the Agent that (i) it will abide by the terms of the Original Loan Agreement as amended hereby, and (ii) the Loan Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against it.
New Bank. Upon execution and delivery of this Amendment by the parties hereto, the New Bank shall be a Bank for all purposes of the Credit Agreement.
New Bank. 6.1 Subject to Clause 4 above, on the Effective Date:
New Bank. Non-Pro-Rata Reduction in Bank Outstanding Principal Amount and Commitment; Banks' Commitments. Subject to the occurrence of the Amendment Effective Date (as defined below) and effective on such date:
New Bank. With effect from the Effective Date it is agreed by each of the parties to this letter that XX Xxxxxx shall accede to the Amended Facility Letter as a New Bank pursuant to paragraph 7 (New Banks) of the Amended Facility Letter and shall benefit from and shall be subject to all the rights and obligations applicable to the Banks as set out in the Amended Facility Letter.
New Bank. The Bank of Nova Scotia (“Scotia Bank”) shall become and is hereby added as a “Bank” under the Credit Agreement. By executing this Amendment below, Scotia Bank (i) agrees that it is a party to the Credit Agreement, having all the rights and obligations of a Bank thereunder and under the other Credit Documents, including, without limitation, the obligation to make Revolving Credit Loans, and (ii) appoints and authorizes the Agent to take such action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Credit Documents as are delegated to the Agent by the terms thereof, together with such powers as are reasonably incidental thereto.
New Bank. Bank of America, N.A. shall become and is hereby added as a “Bank” under the Credit Agreement.
New Bank. By executing and delivering to the Borrower and the Agent this Counterpart, the New Bank hereby becomes a party to the Credit Agreement as a "Bank" thereunder with a Commitment in the amount set forth opposite such New Bank's signature set forth on the signature page hereto, effective as of December 5, 1997 (the "Effective Date"). Upon the Effective Date the signature page hereto shall be automatically deemed to be a counterpart to the Credit Agreement. 2.
New Bank. Upon its execution and as of the effectiveness hereof, Bank of Scotland shall be a party to the Credit Agreement and shall have the rights and obligations of a Bank thereunder. In connection therewith, upon the effectiveness hereof, Borrower, Administrative Agent and Banks shall (i) make adjustments to the outstanding principal amount of all Loans (but not any interest accrued thereon prior to the date hereof or any accrued commitment fees under the Credit Agreement prior to the date hereof), including the borrowing of additional Loans and the repayment of Loans plus all applicable accrued interest, fees and expenses as shall be necessary to provide for Loans by each Bank in the amount of its new share of all Loans as of the date hereof and (ii) make adjustments to the Commitments as shall be necessary to provide that the Commitment of each Bank is as set forth on the Commitment Schedule. Any adjustment of any Euro-Dollar Loans shall (i) constitute a payment or prepayment of all or a portion of such Euro-Dollar Loans and (ii) entitle Banks to any reimbursements under Section 2.11 of the Credit Agreement as a result thereof. Each Bank shall be deemed to have made an assignment of its outstanding Loans and Commitment under the Credit Agreement, and assumed outstanding Loans and Commitment of other Banks under the Credit Agreement as may be necessary to effect the foregoing. For purposes of the foregoing, the Banks that are lenders under the Original Agreement hereby waive any requirements for notice of prepayment, minimum amounts of prepayments of Loans, ratable reductions of the commitments of the Banks under the Original Agreement and ratable payments on account of the principal or interest of any Loan under the Original Agreement to the extent such prepayment, reductions or payments are required under the Original Agreement.
New Bank. The Chase Manhattan Bank (the "New Bank") hereby: confirms that it has received a copy of the Credit Agreement, the exhibits thereto and the First Amendment thereto; and acknowledges and agrees that neither the Agent nor the Issuing Bank has made any representation or warranty about the creditworthiness of the Company or any other party to the Amended Credit Agreement (as defined below) or any other Loan Document or with respect to the legality, validity, sufficiency or enforceability of the Amended Credit Agreement or any other Loan Document or the value of any security therefor. Upon the effectiveness of this Second Amendment, the New Bank shall be a party to the Amended Credit Agreement and have all the rights and obligations of a "Bank" thereunder and agrees to be bound by the terms and conditions thereof.
