Common use of No Other Amendments or Waivers Clause in Contracts

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment forth above, the execution, delivery and effectiveness of this Agreement shall not operate as an amendment of any right, power or remedy of Agent or the Lenders under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan Documents. Except as expressly amended hereby, the text of the Credit Agreement and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement shall not constitute a modification of the Credit Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders at variance with the Credit Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge and expressly agree that Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement and the other Loan Documents, as amended herein. Borrowers and Guarantors have no knowledge of any challenge to Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 3 contracts

Samples: Credit Agreement (B & B B, Inc.), Forbearance Agreement (Rbg, LLC), Forbearance Agreement (Rbg, LLC)

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No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment amendments set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent or the Lenders under the Credit Loan Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Loan Agreement or any of the other Loan Documents. Except as expressly amended herebyfor the amendments set forth above, the text of the Credit Loan Agreement (including, without limitation, the schedules thereto) and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Loan Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders at variance with the Credit Loan Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders to require strict compliance with the terms of the Credit Loan Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge and expressly agree that Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Loan Agreement and the other Loan Documents, as amended herein. Neither Borrowers and nor Guarantors have no any knowledge of any challenge to Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Peninsula Gaming, LLC), Loan and Security Agreement (Peninsula Gaming, LLC), Loan and Security Agreement (Peninsula Gaming, LLC)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment a waiver of any right, power or remedy of the Administrative Agent or the Lenders under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan Documents. Except as expressly amended herebyfor the amendment set forth above, the text of the Credit Agreement and all other Loan Documents shall remain unchanged and in full force and effect and the Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement or any of the other Loan Documents or a course of dealing with the Administrative Agent or the Lenders at variance with the Credit Agreement or the other Loan Documents such as to require further notice by the Administrative Agent or the Lenders to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein. The Borrowers and Guarantors acknowledge and expressly agree that the Administrative Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement and the other Loan Documents, as amended herein. The Borrowers and Guarantors have no knowledge of any challenge to the Administrative Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Good Sam Enterprises, LLC), Credit Agreement (Good Sam Enterprises, LLC), Credit Agreement (Affinity Guest Services, LLC)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment amendments to the Forbearance Agreement set forth above, the execution, delivery and effectiveness of this Agreement shall not operate as an amendment of any right, power or remedy of Agent or the Lenders under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly amended herebyset forth above, the text of the Credit Agreement and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement shall not constitute a modification of the Credit Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders at variance with the Credit Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge and expressly agree that Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement and the other Loan Documents, as amended herein. Borrowers and Guarantors have no knowledge of any challenge to Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms hereofthereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Rbg, LLC), Credit Agreement (B & B B, Inc.)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment a waiver of any right, power or remedy of the Agent or the Lenders under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan Documents. Except as expressly amended herebyfor the amendment set forth above, the text of the Credit Agreement and all other Loan Documents shall remain unchanged and in full force and effect and the Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement or any of the other Loan Documents or a course of dealing with the Agent or the Lenders at variance with the Credit Agreement or the other Loan Documents such as to require further notice by the Agent or the Lenders to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein. The Borrowers and Guarantors acknowledge and expressly agree that the Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement and the other Loan Documents, as amended herein. The Borrowers and Guarantors have no knowledge of any challenge to the Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)

No Other Amendments or Waivers. Except in connection with the forbearanceas otherwise expressed herein, consent and amendment forth above, ------------------------------ the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment a waiver of any right, power or remedy of the Agent or the Lenders under the Credit Loan Agreement, the Affiliate Subordination Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Loan Agreement, the Affiliate Subordination Agreement or any of the other Loan Documents. Except as expressly amended herebyfor the amendment and waiver set forth above, the text of the Credit Loan Agreement, the Affiliate Subordination Agreement and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Borrower hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Loan Agreement or any of the other Loan Documents Affiliate Subordination Agreement or a course of dealing with the Agent or the Lenders at variance with the Credit Loan Agreement or the other Loan Documents Affiliate Subordination Agreement such as to require further notice by the Agent or the Lenders to require strict compliance with the terms of the Credit Loan Agreement, the Affiliate Subordination Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Borrower acknowledges and expressly agree agrees that the Agent and the Lenders reserve the right to, to and do in fact, require strict compliance with all terms and provisions of the Credit Loan Agreement, the Affiliate Subordination Agreement and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Borrower has no knowledge of any challenge to the Agent’s 's or any Lender’s Lenders' claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: Loan Agreement (DSG International LTD)

No Other Amendments or Waivers. Except in connection with the forbearance, consent amendment set forth above and amendment forth abovein Section 15, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment a waiver of any right, power or remedy of the Administrative Agent or the Lenders under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan Documents. Except as expressly amended herebyfor the amendment set forth above, the text of the Credit Agreement and all other Loan Documents shall remain unchanged and in full force and effect and the Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement or any of the other Loan Documents or a course of dealing with the Administrative Agent or the Lenders at variance with the Credit Agreement or the other Loan Documents such as to require further notice by the Administrative Agent or the Lenders to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein. The Borrowers and Guarantors acknowledge and expressly agree that the Administrative Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement and the other Loan Documents, as amended herein. The Borrowers and Guarantors have no knowledge of any challenge to the Administrative Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Affinity Guest Services, LLC)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment as expressly set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except as expressly amended herebyset forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Company hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Company acknowledges and expressly agree agrees that Agent Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Company has no knowledge of any challenge to AgentMortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.LEGAL_US_W # 56327611.3

Appears in 1 contract

Samples: Iowa Shore Mortgage (Peninsula Gaming, LLC)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment as expressly set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except as expressly amended herebyset forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Company hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Company acknowledges and expressly agree agrees that Agent Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Company has no knowledge of any challenge to AgentMortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: Peninsula Gaming, LLC

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment amendments set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an asan amendment of any right, power or remedy of Agent or the Lenders under the Credit Loan Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Loan Agreement or any of the other Loan Documents. Except as expressly amended herebyfor the amendments set forth above, the text of the Credit Loan Agreement (including, without limitation, the schedules thereto) and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Loan Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders at variance with the Credit Loan Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders to require strict compliance with the terms of the Credit Loan Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge and expressly agree that Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Loan Agreement and the other Loan Documents, as amended herein. Neither Borrowers and nor Guarantors have no any knowledge of any challenge to Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Peninsula Gaming, LLC)

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No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment forth above, the 3.1 The execution, delivery and effectiveness of this Amendment Agreement shall not operate as an amendment a waiver of any right, power or remedy of Agent or (a) the Lenders Security Trustee under the Credit Agreement Guarantee and Debenture or (b) UPSC under any of the other Loan Finance Documents, nor constitute a waiver of any provision of the Credit Agreement Guarantee and Debenture or any of the other Loan Finance Documents. Except as expressly amended herebyfor the amendments and agreements set forth above, the text of the Credit Agreement Guarantee and Debenture and all other Loan Finance Documents shall remain unchanged and in full force and effect and Borrowers each of the Obligors hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Amendment Agreement shall not constitute a modification of the Credit Agreement Guarantee and Debenture or any of the other Loan Finance Documents or a course of dealing with Agent the Security Trustee or the Lenders UPSC at variance with the Credit Agreement Guarantee and Debenture or any of the other Loan Finance Documents such as to require further notice by Agent the Security Trustee or the Lenders UPSC to require strict compliance with the terms of the Credit Agreement Guarantee and Debenture or any of the other Loan Finance Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge Each of the Obligors acknowledges and expressly agree agrees that Agent each of the Security Trustee and the Lenders reserve UPSC reserves the right to, and do does in fact, require strict compliance with all terms and provisions of the Credit Agreement Guarantee and the Debenture and all other Loan Finance Documents, as amended herein. Borrowers and Guarantors The Obligors have no knowledge of any challenge to Agent’s the Security Trustee's or any Lender’s UPSC's claims arising under the Loan Guarantee and Debenture or any of the other Finance Documents, or to the effectiveness of the Loan Guarantee and Debenture or any of the other Finance Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: Agreement (Tarrant Apparel Group)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment amendments set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment a waiver of any right, power or remedy of Agent Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except as expressly amended herebyfor the amendments set forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Company hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Company acknowledges and expressly agree agrees that Agent Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Company has no knowledge of any challenge to AgentMortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: Peninsula Gaming, LLC

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment amendments set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent or the Lenders under the Credit Loan Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Loan Agreement or any of the other Loan Documents. Except as expressly amended herebyfor the amendments set forth above, the text of the Credit Loan Agreement (including, without limitation, the schedules thereto) and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Loan Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders at variance with the Credit Loan Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders to require strict compliance with the terms of the Credit Loan Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge and expressly agree that Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Loan Agreement and the other Loan Documents, as amended herein. Neither Borrowers and nor Guarantors have no any knowledge of any challenge to Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.LEGAL_US_W # 58344626.9

Appears in 1 contract

Samples: Loan and Security Agreement (Peninsula Gaming, LLC)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment as expressly set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except as expressly amended herebyset forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Company hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge LEGAL_US_W # 58777171.3 The Company acknowledges and expressly agree agrees that Agent Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Company has no knowledge of any challenge to AgentMortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: Iowa Shore Mortgage (Peninsula Gaming, LLC)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment as expressly set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent the Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except as expressly amended herebyset forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Shipowner hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent the Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent the Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Shipowner acknowledges and expressly agree agrees that Agent the Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Shipowner has no knowledge of any challenge to Agentthe Mortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: First Preferred Ship Mortgage (Peninsula Gaming, LLC)

No Other Amendments or Waivers. Except in connection with the forbearance, consent and amendment forth above, the The execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment a waiver of any right, power or remedy of Agent or the Lenders Lender under the Credit Loan Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Loan Agreement or any of the other Loan DocumentsDocuments except solely with respect to the waiver of the FCCR Event of Default. Except as expressly amended herebyfor the amendment and waiver set forth above, the text of the Credit Loan Agreement and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers each Borrower and Guarantors each Guarantor hereby ratify ratifies and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Loan Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders Lender at variance with the Credit Loan Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders Lender to require strict compliance with the terms of the Credit Loan Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers Each Borrower and Guarantors acknowledge each Guarantor acknowledges and expressly agree agrees that Agent and the Lenders reserve Lender reserves the right to, and do does in fact, require strict compliance with all terms and provisions of the Credit Loan Agreement and the other Loan Documents, as amended herein. Borrowers and Guarantors have no No Borrower or Guarantor has knowledge of any challenge to Agent’s or any the Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement and Waiver (Broadwind Energy, Inc.)

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