As a condition to the ability of the Company, Hovnanian and their subsidiaries to incur Refinancing Indebtedness and to secure such Refinancing Indebtedness with the liens and security interests created by the documents governing such Refinancing Indebtedness, the trustee in respect thereof is required to become a First Lien Representative and the collateral agent in respect thereof is required to become a First Lien Collateral Agent and is required to become subject to and bound by, the First Lien Intercreditor Agreement and First Lien Collateral Agency Agreement. [Section 8.2(b)] of the First Lien Intercreditor Agreement and [Section 4.05(b)] of the First Lien Collateral Agency Agreement each provides that such trustee may become a First Lien Representative and such collateral agent may become a First Lien Collateral Agent pursuant to the execution and delivery by the trustee and the collateral agent of this Joinder to each of the Joined Agreements in the form attached to each thereto as [Exhibit 1] and the satisfaction of the other conditions set forth in [Section 8.2(b)] of the First Lien Intercreditor Agreement and [Section 4.05(b)] of the First Lien Collateral Agency Agreement. The undersigned trustee (the “New Representative”) and collateral agent (the “New Collateral Agent”) are executing this Joinder in accordance with the requirements of the First Lien Intercreditor Agreement and First Lien Collateral Agency Agreement.
As a condition to the ability of the Company, Hovnanian and their subsidiaries to incur Refinancing Indebtedness and to secure such Refinancing IndebtednessSECTION # In accordance with the liens and security interests created by the documents governing such Refinancing Indebtedness, the trustee in respect thereof is required to become a First Lien Representative and the collateral agent in respect thereof is required to become a First Lien Collateral Agent and is required to become subject to and bound by, the First Lien Intercreditor Agreement and First Lien Collateral Agency Agreement. [Section 8.2(b)] of the First Lien Intercreditor Agreement and [Section 4.05(b)] of the First Lien Collateral Agency Agreement each provides that such trustee mayAgreement, the New Representative and the New Collateral Agent by their signatures below # shall become a First Lien Representative and such collateral agent may become a First Lien Collateral Agent pursuant to the execution and delivery by the trusteerespectively, under, and the collateral agent of this Joinderrelated Refinancing Indebtedness and First Lien Noteholder Claims become subject to eachand bound by, the Joined Agreements with the same force and effect as if the New Representative and New Collateral Agent had originally been named therein as a First Lien Representative and a First Lien Collateral Agent, respectively, and hereby agree to all the terms and provisions of the Joined Agreements in the form attachedapplicable to each theretothem as [Exhibit 1] and the satisfaction of the other conditions set forth in [Section 8.2(b)] of the First Lien Intercreditor Agreement and [Section 4.05(b)] of the First Lien Collateral Agency Agreement. The undersigned trustee (the “New Representative”) and collateral agent (the “New Collateral Agent”) are executing this Joinder in accordance with the requirements of the First Lien Intercreditor AgreementRepresentative and First Lien Collateral Agency Agreement.Agent, respectively, become subject to and bound by, the Joined Agreements with the same force and effect as if the New Representative and New Collateral Agent had originally been named therein as a First Lien Representative and a First Lien Collateral Agent, respectively, and hereby agree to all the terms and provisions of the Joined Agreements applicable to them as a First Lien Representative and First Lien Collateral Agent, respectively.
As a condition to the abilitySECTION # Each of the Company, HovnanianNew Representative and their subsidiariesNew Collateral Agent represents and warrants to incur Refinancing Indebtedness and to secure such Refinancing Indebtedness with the liens and security interests created by the documents governing such Refinancing Indebtedness, the trustee in respect thereof is required to become aeach other First Lien Representative andCollateral Agent, each other First Lien Representative, the collateral agent in respect thereof is required to become aJoint First Lien Collateral Agent and is requiredthe other First Lien Claimholders, individually, that # it has full power and authority to becomeenter into this Joinder, in its capacity as trustee and collateral agent, respectively, # this Joinder has been duly authorized, executed and delivered by it and constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability, and # the First Lien Documents relating to the Refinancing Indebtedness provide that, upon the New Representative’s and the New Collateral Agent’s entry into this Joinder, the First Lien Noteholder Claims represented by them will be subject to and bound by,by the First Lien Intercreditor Agreement and First Lien Collateral Agency Agreement. [Section 8.2(b)]provisions of the First Lien Intercreditor Agreement and [Section 4.05(b)] of the First Lien Collateral Agency Agreement each provides that such trustee may become a First Lien Representative and such collateral agent may become a First Lien Collateral Agent pursuant to the execution and delivery by the trustee and the collateral agent of this Joinder to each of the Joined Agreements in the form attached to each thereto as [Exhibit 1] and the satisfaction of the other conditions set forth in [Section 8.2(b)] of the First Lien Intercreditor Agreement and [Section 4.05(b)] of the First Lien Collateral Agency Agreement. The undersigned trustee (the “New Representative”) and collateral agent (the “New Collateral Agent”) are executing this Joinder in accordance with the requirements of the First Lien Intercreditor Agreement and First Lien Collateral Agency Agreement.
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