|AECOM filed this Form 8-K on 03/14/2018|
(c) Notwithstanding anything to the contrary in the Existing Credit Agreement or the amended Credit Agreement, each Lender party hereto agrees (i) that the Facility Adjustments provided by this Amendment shall each be effective upon the Amendment Effective Date simultaneously with the effectiveness of the amendments set forth in Section 2 above and (ii) that the conditions to effectiveness of the Facility Adjustments and the amendments set forth in Section 2 above are limited to the conditions to the effectiveness of this Amendment on the Amendment Effective Date as set forth below.
4. Joinder of Guarantors and New Borrowers.
(a) By its execution of this Amendment, each of The Hunt Corporation, an Indiana corporation, and Hunt Construction Group, Inc., an Indiana corporation (each, a Joining Guarantor), hereby becomes a party (i) to the Guaranty as a Guarantor and bound by all the terms, conditions, obligations, liabilities and undertakings of each Guarantor or to which each Guarantor is subject thereunder, including without limitation the joint and several, unconditional, absolute, continuing and irrevocable guarantee to the Administrative Agent for the benefit of the Secured Parties of the payment and performance in full of the Guaranteed Liabilities (as defined in the Guaranty) whether now existing or hereafter arising, all with the same force and effect as if such Joining Guarantor were a signatory to the Guaranty and (ii) the Security and Pledge Agreement as a Grantor and bound by all the terms, conditions, obligations, liabilities and undertakings of each Grantor or to which each Grantor is subject thereunder, including without limitation the grant pursuant to Sections 2 and 3 of the Security and Pledge Agreement of a security interest to the Administrative Agent for the benefit of the Secured Parties in the property and property rights constituting Collateral (as defined in Section 2 of the Security and Pledge Agreement) and Pledged Collateral (as defined in Section 3 of the Security and Pledge Agreement) of such Grantor or in which such Grantor has or may have or acquire an interest or the power to transfer rights therein, whether now owned or existing or hereafter created, acquired or arising and wheresoever located, as security for the payment and performance of the Obligations (as defined in the Security and Pledge Agreement), all with the same force and effect as if such Joining Guarantor were a signatory to the Security and Pledge Agreement.
(b) By its execution of this Amendment, each of the New Borrowers hereby becomes a party to the Credit Agreement as a Borrower and a Designated Borrower and bound by all the terms, conditions, obligations, liabilities and undertakings of each Borrower or to which each Borrower is subject thereunder, all with the same force and effect as if such New Borrower were a signatory to the Credit Agreement.
(c) Attached to this Amendment are duly completed schedules supplementing as thereon indicated the respective Schedules to (i) the Security and Pledge Agreement as Annex IV with respect to the Joining Guarantors and (ii) the Credit Agreement as Annex V (collectively, the Supplemental Schedules). Each Joining Guarantor and New Borrower, as applicable, represents and warrants that the information contained on each of the Supplemental Schedules with respect to such Joining Guarantor and New Borrower, as applicable, and its properties and affairs is true, complete and accurate as of the date hereof.
5. Representations and Warranties. The Company and each other Loan Party (including, without limitation, the Joining Guarantors and the New Borrowers) hereby represents and warrants to the Administrative Agent and the Lenders as follows:
(a) the execution, delivery and performance by each Loan Party of this Amendment have been duly authorized by all necessary corporate or other organizational action and do not and will not (i) contravene the terms of any of such Loan Partys Organization Documents; (ii) conflict with or result in any breach or contravention of, or the creation of any Lien under, or require any payment to be made under (A) any Contractual Obligation to which the Company or any other Loan Party is a party or affecting such