This
Joinder Agreement
No. 3 , dated as of December 19, 2008, is
delivered pursuant to Section 7.10 (Additional Loan
Parties) of the Security Agreement, dated as of
December 28, 2007 (as amended, supplemented, restated or
otherwise modified from time to time, the “ Security
Agreement ”) by Tribeca Lending Corp. (the “
Borrower ”) and each of the entities listed on the
signature pages thereof in favor of The Huntington National Bank
(the “ Lender ”). Capitalized terms used herein
but not defined herein are used with the meanings given them in the
Security Agreement.
By executing and
delivering this Joinder Agreement No. 3, the undersigned, as
provided in Section 7.10 (Additional Loan Parties) of
the Security Agreement, hereby becomes a party to the Security
Agreement as a Loan Party thereunder with the same force and effect
as if originally named as a Loan Party therein, which, with respect
to Holding shall become effective immediately after the filing of
the Certificate of Merger, and, without limiting the generality of
the foregoing, hereby grants to the Lender, as collateral security
for the full, prompt and complete payment and performance when due
(whether at stated maturity, by acceleration or otherwise) of the
Secured Obligations of the undersigned, hereby collaterally
assigns, conveys, mortgages, pledges, hypothecates and transfers to
the Lender and grants to the Lender a Lien on and security interest
in, all of its right, title and interest in, to and under the
Collateral and expressly assumes all obligations and liabilities of
a Loan Party thereunder.
The information
set forth in Annex A to this Joinder Agreement
No. 3 is hereby added to the inform
|
