JOINDER TO COLLATERAL AGENCY AGREEMENT ADDITIONAL PURCHASER

EX-4.17 5 a15-17433_1ex4d17.htm FORM OF JOINDER TO COLLATERAL AGENCY AGREEMENT

Exhibit 4.17

 

JOINDER TO COLLATERAL AGENCY AGREEMENT

 

ADDITIONAL PURCHASER

 

Upon execution of this Joinder to Collateral Agency Agreement (this “Joinder”), the undersigned shall, from August 5, 2015, become a “Noteholder” and a “Secured Party” under the Collateral Agency Agreement, dated as of February 21, 2012 (as amended, restated, supplemented or otherwise modified, the “Agreement”), by and among the Collateral Agent and the Noteholders party thereto and as acknowledged and consented to by the Obligors.  Capitalized terms used and not defined in this Joinder shall have meanings given in the Agreement.

 

As a party to the Agreement, the undersigned agrees to be bound by (a) all of the terms and conditions of the Agreement in its capacity as “Noteholder” and “Secured Party”, and (b) appoints U.S. Bank National Association as the Collateral Agent under the Agreement and the other Collateral Documents.

 

IN WITNESS WHEREOF, the undersigned has caused this Joinder to be duly executed as of the date set forth above.

 

 

[Additional Purchaser]

 

 

 

 

 

By:

 

 

Name:

 

Title:

 

 

 

Address for notices:

 

 

 

[         ]

 



 

Schedule of Substantially Identical Agreements

 

Pursuant to Instruction 2 of Item 601(a) of Regulation S-K, the Company has filed only the form of this exhibit although the Company has entered into two such agreements that are substantially identical in all material respects.  Differences in certain details among such other agreements entered into by the Company are noted in the chart below:

 

Additional Purchaser

 

Jubalee Ltd.

 

Todd A. Brooks