Initial Lenders. By accepting the benefits under this Agreement and the other Loan Documents, each Initial Lender acknowledges and agrees that it shall be bound by all provisions of this Agreement (including for the avoidance of doubt, Section 9.07) and shall have all of the rights and obligations of a Lender hereunder.
Initial Lenders. For purposes of the foregoing, “Defaulting Lender” shall mean shall mean any Initial Lender that (a) becomes (or is controlled by any person or entity that is) subject to any bankruptcy, insolvency, receivership, conservatorship or other similar proceeding, (b) has (or is controlled by any person or entity that has) become a “defaulting” lender generally in credit agreements to which it is a party (other than actions taken in good faith to exercise or preserve its rights and remedies as a lender) or (c) refuses to execute (after reasonable written notice to such Initial Lender) or, in your reasonable judgment following consultation with the applicable Initial Lender and the Arrangers, materially delays in executing, the definitive credit documentation with respect to the Facilities that has been fully negotiated between you and the Commitment Parties in good faith (the “Credit Documentation”). Notwithstanding the foregoing, no Initial Lender shall be a Defaulting Lender solely by virtue of the ownership or acquisition of any equity interest in such Initial Lender or a parent company thereof by a governmental authority or an instrumentality thereof. As consideration for the commitments and agreements of the Commitment Parties hereunder, you agree to cause to be paid the nonrefundable fees described in the Fee Letter dated the date hereof and delivered herewith (the “Fee Letter”).
Initial Lenders. The Lenders on the Closing Date shall be the Lender set forth on Schedule 1 attached hereto on the Closing Date.
Initial Lenders. DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender By: /s/ Axxxxxxxx Xxxxxxx Name: Axxxxxxxx Xxxxxxx Title: Managing Director By: /s/ Jxxxxx Xxxxxxx Name: Jxxxxx Xxxxxxx Title: Vice President [Signatures Continued on Next Page] Summit – Credit Agreement BANK OF AMERICA, N.A., as a Lender By: /s/ Jxxx Xxxxxxx Name: Jxxx Xxxxxxx Title: Vice President [Signatures Continued on Next Page] Summit – Credit Agreement CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By: /s/ Yxxxxxx Xxxxxxx Name: Yxxxxxx Xxxxxxx Title: Vice President [Signatures Continued on Next Page] Summit – Credit Agreement PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Jxxxxx X. Xxxxxx Name: Jxxxxx X. Xxxxxx Title: Vice President [Signatures Continued on Next Page] Summit – Credit Agreement RXXXXXX JXXXX BANK, N.A., as a Lender By: /s/ Mxxx Xxxxx Name: Mxxx Xxxxx Title: Vice President [Signatures Continued on Next Page] Summit – Credit Agreement ROYAL BANK OF CANADA, as a Lender By: /s/ Rxxx Xxxxxxxx Name: Rxxx Xxxxxxxx Title: Authorized Signatory [Signatures Continued on Next Page] Summit – Credit Agreement
Initial Lenders. REGIONS BANK, as a Lender By: Name: Title: XXXXXXX XXXXX BANK, N.A., as a Lender By: Name: Title: BRANCH BANKING AND TRUST COMPANY, as a Lender By: Name: Title: CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender By: Name: Title: PNC BANK, NATIONAL ASSOCIATION, as a Lender By: Name: Title: AMERICAN BANK, N.A., as a Lender By: Name: Title: U.S. BANK NATIONAL ASSOCIATION, as a Lender By: Name: Title:
Initial Lenders. Each Initial Lender acknowledges and agrees that upon its execution of this First Incremental Agreement it shall become a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. For all purposes of this First Incremental Agreement, the Credit Agreement and the other Loan Documents, the term “Initial Lender” shall include each Lender with a commitment to make an Incremental Term Loan or an outstanding Incremental Term Loan.
Initial Lenders. Each Initial Lender hereby agrees, on the terms and conditions set forth herein and in the Credit Agreement, to make Loans to Borrower on or after the Restatement Date in accordance with Section 2.1 of the Credit Agreement. The Initial Lenders shall, effective on the Restatement Date, become party to the Credit Agreement as “Lenders”.
Initial Lenders. (i) Prior to the Automatic Step-Up Date, $[***], (ii) on and after the Automatic Step-Up Date, $[***], and (iii) if a Successful Syndication has not occurred on or prior to the Syndication Deadline, after the Syndication Deadline, [***]. SUMITOMO MITSUI BANKING CORPORATION, as an Initial Lender By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Managing Director SMBC-Apollo CMP Revolving Credit Agreement $[***] MIZUHO BANK, LTD. as an Initial Lender By: /s/ Xxxxx XxXxxxxxxxx Name: Xxxxx XxXxxxxxxxx Title: Executive Director SMBC-Apollo CMP Revolving Credit Agreement SCHEDULE 13.07 Addresses for Notices Name Type of Loan Party General Partner / Managing Member / Investment Manager Jurisdiction of Formation Principal Office, Chief Executive Office and Principal Place of Business Collateral Account ACMP Holdings, LLC Initial Borrower Apollo Capital Markets Management, L.P. Delaware Xxx Xxxxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, Xxx Xxxx 00000 Xxxxxxx Xxxxx Bank USA, ABA No. [***], Account No. [***] Apollo Capital Markets Partnership (Offshore), L.P., Offshore Feeder and Initial Feeder Fund ACS GP, LLC Cayman Islands Xxx Xxxxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, Xxx Xxxx 00000 Xxxxxxx Sachs Bank USA, ABA No. [***], Account No. [***] Apollo Capital Markets Partnership, L.P. Onshore Feeder and Initial Feeder Fund ACS GP, LLC Delaware Xxx Xxxxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, Xxx Xxxx 00000 Xxxxxxx Xxxxx Bank USA, ABA No. [***], Account No. [***] ACS GP, LLC General Partner Apollo Management Holdings, L.P. Delaware Xxx Xxxxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, Xxx Xxxx 00000 N/A Apollo Capital Markets Management, L.P. Investment Manager ACMP Capital Management, LLC Delaware Xxx Xxxxxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxx, Xxx Xxxx 00000 N/A SMBC-Apollo CMP
Initial Lenders. CHRISTIANIA BANK OG KREDITKASSE ASA, NEW YORK BRANCH By_____________________________________ Title: By_____________________________________ Title: XXXXXXXXXXXXX XXXXXXXX XXXXXX XX By_____________________________________ Title: By_____________________________________ Title: UNION BANK OF NORWAY By_____________________________________ Title: By_____________________________________ Title: DE NATIONAL INVESTERINGSBANK N.V. By_____________________________________ Title: By_____________________________________ Title: SCHEDULE 4.01(A) EQUITY INTERESTS IN LOAN PARTIES
Initial Lenders. HSBC BANK CANADA as Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Authorized Signatory By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Authorized Signatory On June 16, 2010, before me, the undersigned Notary Public, personally appeared Xxxx Xxxxxxxxx and Xxxxx Xxxxx personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. /s/ Signed Notary Public] ROYAL BANK OF CANADA as Lender By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Attorney-in-Fact State of New York ) ) County of New York ) On June 14, 2010, before me, the undersigned Notary Public, personally appeared Xxxxxx Xxxxxx personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. /s/ Xxxxx X. Xxxxxx Notary Public] CREDIT SUISSE AG, TORONTO BRANCH as Lender By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Vice-President By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Director and Principal Officer Toronto, Ontario ) ) ) On June 18, 2010, before me, the undersigned Notary Public, personally appeared Xxxxx Xxx and Xxxxx Xxxxxxxx personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. /s/ Signed Notary Public] CITIBANK, N.A. as Lender By: /s/ Xxxx Xxx Name: Xxxx Xxx Title: Vice President State of New York ) ) County of New York ) On June 16, 2010, before me, the undersigned Notary Public, personally appeared Xxxx Xxx personally known to me (or proved to...
