Addition of New Lender. Pursuant to Section 2.20 of the Credit Agreement, the New Lender is hereby added to the Credit Agreement as a Lender with a Commitment of $________________. The New Lender specifies as its Domestic Lending Office and Eurodollar Lending Office the following:
Addition of New Lender. The parties hereto hereby confirm and agree that, from and after the date hereof, the New Lender shall be a Lender for all purposes of the Credit Agreement and the other Documents having the Commitment set forth opposite its name on Schedule A hereto and all references herein or therein to “Lenders” or a “Lender” shall be deemed to include the New Lender.
Addition of New Lender. The Company may at any time propose that ---------------------- a financial institution become an additional Lender hereunder other than by assignment of the Maximum Commitment of an existing Lender; provided, however, that such additional party shall be a financial institution with capital of at least $100,000,000 and shall be subject to the consent of the Administrative Agent, which consent shall not be unreasonably withheld. Upon the addition of any such party as an additional Lender hereunder, (i) this Agreement will be amended by the parties hereto and by the party becoming an additional Lender hereunder to reflect the addition of such party as a Lender hereunder, (ii) the Administrative Agent will deliver an updated Commitment Schedule to the Companies and the Lenders reflecting the addition of such party as a Lender, (iii) the outstanding Loans will be reallocated among the Lenders (including the additional Lender) in accordance with such updated Commitment Schedule, and (iv) the Companies will deliver a Note to such party.
Addition of New Lender. Subject to Section 5(d) hereof, upon and after the Effective Date (defined below), the New Lender hereby assumes, adopts and agrees to become a party, as a Lender, to the Loan Agreement and to each other Loan Document to which the Lenders are parties and for all purposes thereof, with a Commitment Amount as stated in the amended Schedule 1.1(a) to the Loan Agreement attached hereto as Exhibit A, and the parties hereto, other than the New Lender, each acknowledge and consent to such actions by the New Lender. Upon and after the Effective Date, the New Lender shall be a Lender under the Loan Agreement and the other Loan Documents to which the Lenders are parties and shall have all of the rights, privileges and benefits of a Lender under the Loan Agreement and the other Loan Documents, and all of the duties of a Lender thereunder, in each case as if such New Lender had been initially a party to the Loan Agreement. Upon the Effective Date (defined below), the New Lender shall make Warehouse Advances as calculated by the Agent so that its outstanding Warehouse Advances are equal to its ratable share of all Warehouse Advances outstanding on such date and the Agent shall distribute the proceeds of such Warehouse Advances to Fleet (defined below) in the amount of the Payoff Amount (defined below) and to the other Lenders in accordance with their ratable share of all Warehousing Advances outstanding on the Effective Date, in each case after giving effect to this Amendment, but prior to any additional Warehousing Advances requested by the Borrower to be made on the Effective Date.
Addition of New Lender. In accordance with Section 13.1 of the Credit Agreement, each of the Additional Lenders hereby acknowledges and agrees, with the consent of the Borrower, Agent, and the Existing Lender, that, from and after the effective date hereof, it shall be a party to the Credit Agreement and shall have the rights and obligations of a Lender under the Loan Documents as set forth therein and as modified hereby. Each of the Additional Lenders (a) represents and warrants to Borrower, Agent, and the Existing Lender that it is legally authorized to enter into this Amendment, (b) confirms that it has received a copy of the Credit Agreement, copies of the current financials, and such other documents and information as it deems appropriate to make its own credit analysis and decision to enter into this Agreement, (c) agrees with Borrower, Agent, and the Existing Lender that it shall independently and without reliance upon Agent, or any other Lender and based on such documents and information as it deems appropriate at the time continue to make its own credit decisions in taking or not taking action under the Loan Documents, (d) appoints and authorizes Agent to take such action as agent on its behalf and to exercise such powers under the Loan Documents as are delegated to Agent by the terms of the Loan Documents and all other reasonably incidental powers, (e) confirms, acknowledges, and agrees its Commitment Amount and Commitment Percentage is as set forth in Schedule 1 to the Credit Agreement, as modified hereby and from time to time hereafter, and (f) agrees with Borrower, Agent, and the other Lenders that it shall perform and comply with all provisions of the Loan Documents applicable to Lenders in accordance with their respective terms.
Addition of New Lender. The Company may at any time propose ---------------------- that a financial institution become an additional Lender hereunder other than by assignment of the Maximum Commitment of an existing Lender; provided, however, that such additional party shall be a financial institution with capital of at least $100,000,000 and shall be subject to the consent of the Administrative Agent, which consent shall not be unreasonably withheld. Upon the addition of any such party as an additional Lender hereunder, (i) this Agreement will be amended by the parties hereto and by the party becoming an additional Lender hereunder to reflect the addition of such party as a Lender hereunder, (ii) the Administrative Agent will deliver an updated Commitment Schedule to the Companies, the L/C Bank and the Lenders reflecting the addition of such party as a Lender, (iii) the outstanding Loans will be reallocated among the Lenders (including the additional Lender) in accordance with such updated Commitment Schedule, (iv) the Companies will deliver a Note to such party, and (v)(A) such additional Lender will execute and deliver to the L/C Bank a Participation Agreement in form and substance satisfactory to the L/C Bank, (B) all existing Participation Agreements shall be deemed concurrently amended to reflect the adjustment of the Percentage Shares of the Lenders, including the additional Lender, thereunder, and (C) the L/C Bank shall promptly issue a new Participation Certificate to each Lender, including the new Lender, reflecting such Lender's revised Participation Share (as defined in the Participation Agreement) in the L/C Obligations.
Addition of New Lender. Pursuant to Section 2.15 of the Credit Agreement, the New Lender is hereby added to the Credit Agreement as a Lender with a Commitment of $______________. The New Lender specifies as its Lending Office the following: -------------------------------------------- -------------------------------------------- -------------------------------------------- Attention: ---------------------------------- Telephone: ---------------------------------- Telecopy: -----------------------------------
Addition of New Lender. (i) Subject to the limitation on the Maximum Aggregate Commitment and the provisions of Section 12.5 below, the Borrower or any Lender may at any time propose that one or more banks or other entities institutions (each, an "Applicant Institution") become an additional Lender hereunder. At such time, the Borrower or such Lender, as applicable, shall notify the other parties hereto, including the Administrative Agent, of the identity of such Applicant Institution and such Applicant Institution's proposed Commitment. The addition of any Applicant Institution shall be subject to:
Addition of New Lender. (1) Subject to the limitation on the Aggregate Credit Limit set forth in the definition of such term, the Company or any Lender may at any time propose that one or more financial institutions (each, an “Applicant Financial Institution”) become an additional Lender hereunder; provided, however, that each Applicant Financial Institution shall be an Eligible Financial Institution. At such time, the Company or such Lender, as applicable, shall notify the other parties hereto, including the Managing Administrative Agent, of the identity of such Applicant Financial Institution and such Applicant Financial Institution’s proposed Aggregate Maximum Commitment (which in no event shall be less than $10,000,000.00) and, as applicable, Maximum Multi-Year Facility Commitment, Maximum Short Term Facility Commitment, Multi-Year Facility Percentage Share, Short Term Facility Percentage Share, Multi-Year Swing Line Commitment, Short Term Swing Line Commitment, Multi-Year Swing Line Percentage Share, Short Term Swing Line Percentage Share and/or GNMA Pool Advance Commitment. The addition of any Applicant Financial Institution shall be subject to: (i) The prior written consent of the Managing Administrative Agent, in its sole and absolute discretion, and, if but only if there shall not have occurred and be continuing an Event of Default or Potential Default, the prior written consent of the Company, such consent not to be unreasonably withheld, and each of which consents shall be affirmatively given in writing to the other parties no later than the tenth day following receipt of request therefor (it being agreed and understood that if such written consent is not so provided, the consent shall automatically be deemed to have been withheld); (ii) If such Applicant Financial Institution will become the
Addition of New Lender. 2.1 The parties hereto hereby acknowledge and confirm that as of the Effective Date (as defined in Section 5 herein), (i) Xxxxx Fargo Bank, National --------- Association (hereinafter referred to as the "New Lender") shall become a party to the Credit Agreement (including any amendments thereto) and shall have the rights and obligations of a Lender thereunder.
