Additional Borrower. If such extension of credit is the first extension of credit requested by an Additional Borrower, the conditions contained in the Amendment and Restatement Agreement with respect to such Additional Borrower and Section 5.3 have been satisfied with respect to such Additional Borrower.
Additional Borrower. No amendment or waiver of any provision of this Agreement that would have the effect of adding one or more additional Borrowers hereunder shall be effective without the consent of all the Lenders. Any Lender not providing such consent may be replaced by the Borrower in accordance with Section 11.13.
Additional Borrower. In the case of the Company, at all times while the Additional Borrower is a borrower hereunder, ensure that the Additional Borrower is a Wholly Owned Subsidiary of the Company.
Additional Borrower. (a) The Company may at any time, by written notice (the “HGVJ Request”) to the Administrative Agent, request that Hilton Grand Vacations Japan, LLC (“HGVJ”) become a borrower with respect to any or all of the Revolving Credit Commitments (the “HGVJ Revolving Credit Sub-Facility”; the commitments thereunder, the “HGVJ Revolving Credit Commitments”). The Administrative Agent shall promptly, but no later than 10 Business Days upon receipt of such notice from the Company deliver a copy of such notice to each of the Lenders. Any such HGVJ Revolving Credit Sub-Facility shall be provided by existing Revolving Credit Lenders who consent thereto by notice to the Company and the Administrative Agent no later than 15 Business Days upon receipt of such notice from the Administrative Agent, but no such existing Revolving Credit Lender will have an obligation to make available any HGVJ Revolving Credit Commitment. Any Defaulting Lender and any Revolving Credit Lender that does not affirmatively respond to the HGVJ Request within such 15 Business Days shall be deemed to have not consented to make available any such HGVJ Revolving Credit Commitments. The size of the HGVJ Revolving Credit Sub-Facility shall be as agreed by the HGVJ Revolving Credit Lenders, the Administrative Agent, HGVJ and the Company (but in no event shall it exceed the aggregate amount of the Revolving Credit Commitments as of such date). The HGVJ Revolving Credit Sub-Facility shall have the same terms and conditions as and be part of, and not in addition to, the Revolving Credit Facility.
Additional Borrower. As of the date hereof, TapInfluence hereby joins the Business Financing Agreement and all other Existing Documents as a ìBorrowerî thereunder and hereunder and each reference to ìBorrowerî in the Existing Documents, and herein shall mean and refer to each of IZEA, Ebyline and TapInfluence, individually and collectively. Any reference in the Existing Documents to Borrower, IZEA and Ebyline, or other terms that refer to a Borrower shall also mean and refer to TapInfluence, and Borrowers and Lender acknowledge and agree that the Existing Documents shall remain in full force and effect in accordance with their terms. TapInfluence (i) assumes, as a joint and several obligor thereunder, all of the Obligations, liabilities and indemnities of a Borrower under the Business Financing Agreement and all other Existing Documents, and (ii) covenants and agrees to be bound by and adhere to all of the terms, covenants, waivers, releases, agreements and conditions of or respecting to a Borrower with respect to the Existing Documents and all other representations and warranties contained in the Business Financing Agreement and the other Existing Documents with respect to a Borrower. Without limiting the generality of the foregoing, TapInfluence grants Lender a security interest in the Collateral described in the Business Financing Agreement to secure performance and payment of all Obligations under the Business Financing Agreement, and authorizes Lender to file financing statements with all appropriate jurisdictions to perfect or protect Lender’s interest or rights hereunder and under the Existing Documents. In addition, within 60 days from the date hereof, TapInfluence shall establish and maintain all bank accounts (including, without limitation, TapInfluence’s existing checking account maintained at Square 1) at Lender.
Additional Borrower. The Company designates the Additional Borrower as a Borrower under the Credit Agreement.
Additional Borrower. The Primary Borrower may, at any time during the term of this Agreement (unless a Default shall have occurred and be continuing), notify the Facility Agent that a Permitted Borrower is to be designated as an additional Borrower under the Revolving Credit Facility. Such notice shall be in writing and signed by the Primary Borrower and the relevant Permitted Borrower and shall take effect in accordance with its terms on the condition that:
Additional Borrower. (a) Subject to compliance with the provisions of sub-paragraphs (c) and (d) of paragraph 1.9 (“Know your customer” checks) of Schedule 6 (Covenants), the Company may request that any of its wholly owned or controlled Subsidiaries becomes an Additional Borrower. The relevant Subsidiary shall become an Additional Borrower if:
Additional Borrower. Parent hereby is added as a “Borrower” under the Loan Agreement, ab initio. All references in the Loan Agreement to “Borrower” hereafter shall mean and refer to Parent and Miramar Technologies, individually and collectively, jointly and severally; and Parent hereafter shall have all rights, duties and obligations of “Borrower” thereunder.
Additional Borrower. SIGNED by ) ) for and on behalf of ) ) in the presence of: ) GUARANTOR SIGNED by ) ) for and on behalf of ) Xxxxx Containerships Inc. ) in the presence of: ) LENDER SIGNED by ) ) for and on behalf of ) Xxxxx Shipping Inc. ) in the presence of: )
