Examples of Accordion Agreement in a sentence
The registration of any provision of Accordion Increases pursuant to Section 2.13 shall be recorded by the Administrative Agent on the Register only upon the acceptance of the Administrative Agent of a properly executed and delivered Accordion Agreement or Additional Term Loan Facility Agreement, as applicable.
Coincident with the delivery of such Accordion Agreement for acceptance and registration of the provision of Accordion Increases, as the case may be, or as soon thereafter as practicable, to the extent requested by such Lenders, Notes shall be issued, at the Borrowers’ expense, to such Lender of an Accordion Increase, to be in conformity with Section 2.04 (with appropriate modification) to the extent needed to reflect Accordion Increases, and outstanding Loans made by such Lender of an Accordion Increase.
The Credit Agreement shall, henceforth from the date of the execution and delivery of this Accordion Agreement, be read and construed as if the Accordion Lender were party to the Credit Agreement having all the rights and obligations of a Lender under the Credit Agreement having the [Commitment/Applicable Percentage of the [Revolving /Wholesale Flooring/Used Vehicle Flooring/Wholesale Leasing/Daily Rental] Facility Limit] set out in paragraph 2 below.
Each Lender irrevocably appoints, authorizes and directs the Administrative Agent, as its attorney and agent, with full power of substitution and delegation, to complete and execute on its behalf each Accordion Agreement relating to each such Accordion Lender.
Each Lender agrees that it will be bound by the terms of each such Accordion Agreement so completed and executed by the Administrative Agent.
Accordingly all references in any Credit Documents to (a) any “Lender” shall be treated as including a reference to the Accordion Lender and (b) the Credit Agreement shall be treated as a reference to the Credit Agreement as supplemented by this Accordion Agreement to the intent that this Accordion Agreement and the Credit Agreement shall be read and construed together as one single agreement.
Transmission of an executed signature page of this Accordion Agreement by facsimile transmission or by e-mail in pdf format shall be as effective as delivery of a manually executed counterpart hereof.
This Accordion Agreement may be executed or executed electronically in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
Each new lender agreeing to be added to this Agreement, and each Lender agreeing to increase its Revolving Commitment or its Term Loans, shall execute and deliver to the Agent a New Lender Agreement in substantially the form of Exhibit 2.08-1 or an Accordion Agreement in substantially the form of Exhibit 2.08-2, pursuant to which it becomes a party hereto or increases its Revolving Commitment or Term Loans, as the case may be.
Each such Note shall be dated the effective date of the pertinent New Lender Agreement or Accordion Agreement, as the case may be, shall be properly completed, and shall otherwise be in substantially the form of Exhibits A-1 and A-2, respectively.