New Lender Joinder Agreement definition

New Lender Joinder Agreement has the meaning specified in Section 2.16(c).

New Lender Joinder Agreement means a joinder agreement in form and substance reasonably satisfactory to the Administrative Agent and its counsel pursuant to which an Eligible Assignee becomes a Lender.

New Lender Joinder Agreement means each New Lender Joinder Agreement among Borrower, the Guarantor, Administrative Agent (on behalf of the Lenders) and the applicable Qualified Institution that is to become a Lender hereunder at any time after the date of this Agreement pursuant to the terms of Section 2.1(b), the form of which is attached hereto as Exhibit H.

Examples of New Lender Joinder Agreement in a sentence

• With respect to any Incremental Term Loan Facility, each agreement, instrument and other document evidencing or otherwise relating to such Incremental Term Loan Facility, including any applicable New Lender Joinder Agreement.

• THE HUNTINGTON NATIONAL BANK, as the New Lender By Name: Title: New Lender Joinder Agreement Acknowledged by: ENBRIDGE ENERGY PARTNERS, L.P., a Delaware limited partnership, as the Borrower By: ENBRIDGE ENERGY MANAGEMENT, L.L.C., as delegate of Enbridge Energy Company, Inc., its General Partner By: Name: Sxxxxxx X.

• Xxxx Title: Vice President Each of the Subsidiary Guarantors hereby acknowledges and agrees to the terms and conditions of the foregoing First Amendment to Credit Agreement and New Lender Joinder Agreement, including, without limitation, the representations and warranties made by such Subsidiary Guarantor in Section 4 thereof and the affirmations made by such Subsidiary Guarantor under Section 5 thereof.

• The initial Applicable Percentages of each Lender are set forth opposite the name of such Lender on Schedule 2.01 or in the Assignment and Assumption or New Lender Joinder Agreement pursuant to which such Lender becomes a party hereto, as applicable.

• The initial Commitment Percentage of each Lender in respect of the Revolving Credit Facility and Delayed Draw Term Facility is set forth opposite the name of such Lender on Schedule 1.2 or in the Assignment and Assumption or New Lender Joinder Agreement pursuant to which such Lender becomes a party hereto, as applicable.

More Definitions of New Lender Joinder Agreement

New Lender Joinder Agreement means each New Lender Joinder Agreement among Borrower, Prologis, Administrative Agent (on behalf of the Lenders) and the applicable Qualified Institution that is to become a Lender hereunder at any time after the date of this Agreement pursuant to the terms of Section 2.2, the form of which is attached hereto as Exhibit H.

New Lender Joinder Agreement means a New Revolving Lender Joinder Agreement or a New Term Lender Joinder Agreement.

New Lender Joinder Agreement has the meaning assigned to such term in Section 2.04.

New Lender Joinder Agreement has the meaning specified in Section 2.16(c). “Non-Recourse Indebtedness” of a Person means any Indebtedness of such Person, the recourse for which is limited to the asset or assets securing such Indebtedness (and, if applicable, in the event such Person owns no assets other than real estate that secures such Indebtedness and assets incident to ownership of such real estate (e.g., personal property) and has no other Indebtedness, to such Person and/or such Person’s Equity Interests), other than in respect of environmental liabilities, fraud, misrepresentation and other similar matters. “Notes” means, collectively, the Term Notes and any promissory notes made by the Borrower evidencing any Incremental Term Loans in a form agreed between the Borrower and the Administrative Agent, as the context may require, and “Note” means any of them individually. “Obligations” means all advances to, and debts, liabilities, obligations, covenants and duties of any Loan Party arising under any Loan Document or otherwise with respect to any Loan, whether direct or indirect (including those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising and including interest and fees that accrue after the commencement by or against any Loan Party or any Affiliate thereof of any proceeding under any Debtor Relief Laws naming such Person as the debtor in such proceeding, regardless of whether such interest and fees are allowed claims in such proceeding; provided that, without limiting the foregoing, the Obligations of theany Guarantor Party shall exclude any Excluded Swap Obligations with respect to thesuch Guarantor Party. 22

New Lender Joinder Agreement has the meaning specified in Section 2.14(ca).

New Lender Joinder Agreement has the meaning specified in Section 2.16(c). “Non-Extension Notice Date” has the meaning specified in Section 2.03(b)(iii).

New Lender Joinder Agreement has the meaning specified in Section 2.15(c). “Nominated Asset” has the meaning specified in Section 2.18(a). “Nominated Asset Notice” means a request by the Borrower for the inclusion of a Nominated Asset, which shall be substantially in the form of Exhibit J or such other form as may be approved by the Administrative Agent, appropriately completed and signed by a Responsible Officer. “Non-Consenting Lender” means any Lender that does not approve any consent, waiver or amendment that (i) requires the approval of all Lenders or all affected Lenders in accordance with the terms of Section 10.01 and (ii) has been approved by the Required Lenders. “Non-Defaulting Lender” means, at any time, each Lender that is not a Defaulting Lender at such time. “Non-Performing Loan Assets” means any Loan Asset classified as non-performing by a Consolidated Party in accordance with internal procedures, consistent with past practice. “Non-Recourse Indebtedness” means Indebtedness with respect to which recourse for payment is limited to (i) specific assets related to a particular Real Property Asset or group of Real Property Assets encumbered by a Lien securing such Indebtedness or (ii) any Subsidiary (provided that if a Subsidiary is a partnership, there is no recourse to the Borrower as a general partner of such partnership); provided that if any portion of Indebtedness is so limited, then such portion shall constitute Non-Recourse Indebtedness and only the remainder of such Indebtedness shall constitute Recourse Debt; provided, further, however, that personal recourse of a Consolidated Party for any such Indebtedness for fraud, misrepresentation, misapplication of cash, waste, bankruptcy, unpermitted transfers, Environmental Claims and liabilities and other circumstances customarily excluded by institutional lenders from exculpation provisions and/or included in separate indemnification agreements in non-recourse financing of real estate (collectively, “Customary Recourse Carveouts”) shall not, by itself, prevent such Indebtedness from being characterized as Non-Recourse Indebtedness. 32