Joinder of New Guarantors. The New Guarantors hereby join in the Indenture as a “Guarantor” thereunder. The New Guarantors hereby assume the duties and obligations of Guarantors under the Indenture. The New Guarantors agree to keep and perform all of the covenants, obligations and conditions of Guarantors under the Indenture, on the terms and subject to the conditions set forth in Article X of the Indenture, and to be bound by all other applicable provisions of the Indenture. Upon request from time to time by the Trustee, the New Guarantors shall execute and deliver to the Trustee a notation relating to the New Guarantors’ Guarantee, substantially in the form attached as Exhibit E to the Indenture.
Joinder of New Guarantors. (a) Each Subsidiary of the Borrowers party hereto that is not a Guarantor immediately prior to the Effective Date hereby agrees that by execution of this Amendment such Subsidiary is a Guarantor under the Guaranty as if a signatory thereof on the Closing Date, and such Subsidiary shall comply with, and be subject to, and have the benefit of, all of the terms, conditions, covenants, agreements and obligations set forth in the Guaranty.
Joinder of New Guarantors. In the event any Issuer shall form an Additional Guarantor pursuant to Section 8.34 of the Base Indenture, such Additional Guarantor shall execute and deliver to the Manager and the Trustee (i) a Joinder Agreement substantially in the form of Exhibit B and (ii) Power of Attorney in the form of Exhibit A, and such new Guarantor shall thereafter for all purposes be a party hereto and have the same rights, benefits and obligations as a Guarantor party hereto on the Closing Date. [The remainder of this page is intentionally left blank.]
Joinder of New Guarantors. Each of the New Guarantors hereby acknowledges, agrees and confirms that, by its execution of this Amendment, such New Guarantor will be deemed to be a Loan Party under the Credit Agreement and a “Guarantor” and a “Loan Guarantor” for all purposes of the Credit Agreement and shall have all of the obligations of a Loan Party, a Guarantor and a Loan Guarantor thereunder as if it had executed the Credit Agreement. Each such New Guarantor hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Credit Agreement, including without limitation (a) all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, (b) all of the covenants set forth in Articles V and VI of the Credit Agreement and (c) all of the guaranty obligations set forth in Article X of the Credit Agreement. Without limiting the generality of the foregoing terms of this paragraph, each New Guarantor, subject to the limitations set forth in Sections 10.10 and 10.13 of the Credit Agreement, hereby guarantees, jointly and severally with the other Loan Guarantors, to the Agent and the Lenders, as provided in Article X of the Credit Agreement, the prompt payment and performance of the Guaranteed Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) strictly in accordance with the terms thereof and agrees that if any of the Guaranteed Obligations are not paid or performed in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise), each New Guarantor will, jointly and severally together with the other Loan Guarantors, promptly pay and perform the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewal. Each of the New Guarantors hereby waives acceptance by the Agent and the Lenders of the guaranty by such New Guarantor upon the execution of this Amendment such New Guarantor.
Joinder of New Guarantors. The Loan Parties are required by Section 7.12 of the Credit Agreement to cause the New Guarantors to become Guarantors. Accordingly, each New Guarantor hereby agrees as follows with the Administrative Agent, for the benefit of the holders of the Obligations:
Joinder of New Guarantors. Upon execution of this Amendment, each of the Guarantors listed on Exhibit E hereto (each, a “New Guarantor”) acknowledges, agrees and confirms that, by its execution of this Amendment, such New Guarantor will be deemed to be a party to and a “Guarantor” under the Credit Agreement and shall have all of the obligations of a Guarantor thereunder as if it had executed the Credit Agreement. Each New Guarantor hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the applicable Credit Documents, including without limitation (a) all of the representations and warranties set forth in Article III of the Credit Agreement and (b) all of the affirmative and negative covenants set forth in Articles V and VI of the Credit Agreement. Without limiting the generality of the foregoing terms of this Section 2.5, each New Guarantor hereby guarantees, jointly and severally together with the other Guarantors, the prompt payment of the Credit Party Obligations in accordance with Article X of the Credit Agreement.
Joinder of New Guarantors. (Section 26). Section 26 of the Guaranty and Suretyship Agreement is hereby amended and restated to read as follows:
Joinder of New Guarantors. (a) Joinder of New Guarantors on the Date of the Amendment: Each of the Persons signing this Amendment and listed under the designation "Guarantors" that has not heretofore joined the Credit Agreement as a Guarantor (each a "New Guarantor") hereby agrees that it joins the Guaranty and Suretyship Agreement and each of the other Loan Documents as a Guarantor for all purposes of as fully and to the same extent as if it were an original signatory thereto. Each New Guarantor is be deemed to have made the representations and warranties set forth in the Credit Agreement, Guaranty and Suretyship Agreement and each of the other Loan Documents as of the date of this Amendment and at any future dates that such representations must be restated pursuant to the terms of the Loan Documents. Without limiting the generality of the foregoing, the undersigned specifically acknowledges and agrees to the consent to jurisdiction and waiver of jury trial provisions set forth in therein.
Joinder of New Guarantors. (a) By executing and delivering this Omnibus Amendment, each New Guarantor hereby becomes a party to each of the Loan Agreement and the Security Agreement as a Guarantor and a Loan Party thereunder with the same force and effect as if originally named as a Guarantor and a Loan Party therein. Without limiting the generality of the foregoing, each New Guarantor, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Secured Obligations (as defined in the Security Agreement) of each New Guarantor, hereby mortgages, pledges and hypothecates to the Collateral Agent for the benefit of the Secured Parties, and grants to the Collateral Agent for the benefit of the Secured Parties a lien on and security interest in, all of its right, title and interest in, to and under the Collateral (as defined in the Security Agreement) of each New Guarantor and expressly assumes all obligations and liabilities of a Loan Party thereunder. Each New Guarantor hereby agrees to be and is hereby, without further action, bound as a Loan Party for the purposes of each of the Loan Agreement and the Security Agreement and any of the other Loan Documents.
Joinder of New Guarantors
