THE RIGHTS AND OBLIGATIONS. OF EACH OF THE PARTIES TO THE LOAN DOCUMENTS SHALL BE DETERMINED SOLELY FROM WRITTEN AGREEMENTS, DOCUMENTS, AND INSTRUMENTS, AND ANY PRIOR ORAL AGREEMENTS BETWEEN SUCH PARTIES ARE SUPERSEDED BY AND MERGED INTO SUCH WRITINGS. THIS AMENDMENT AND THE OTHER WRITTEN LOAN DOCUMENTS EXECUTED BY PARENT, THE BORROWER, THE OTHER LOAN PARTIES, ADMINISTRATIVE AGENT, ISSUING BANK AND/OR LENDERS REPRESENT THE FINAL AGREEMENT BETWEEN SUCH PARTIES, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BY SUCH PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN SUCH PARTIES.
THE RIGHTS AND OBLIGATIONS. OF BORROWER AND LENDER SHALL BE DETERMINED SOLELY FROM THIS WRITTEN LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS, AND ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN LENDER AND BORROWER CONCERNING THE SUBJECT MATTER HEREOF AND OF THE OTHER LOAN DOCUMENTS ARE SUPERSEDED BY AND MERGED INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS MAY NOT BE VARIED BY ANY ORAL AGREEMENTS OR DISCUSSIONS THAT OCCUR BEFORE, CONTEMPORANEOUSLY WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS LOAN AGREEMENT OR THE LOAN DOCUMENTS. THIS WRITTEN AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENTS BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
THE RIGHTS AND OBLIGATIONS. OF BORROWER, EACH GUARANTOR, LENDERS, EACH MANAGING AGENT, AND EACH AGENT SHALL BE DETERMINED SOLELY FROM WRITTEN AGREEMENTS, DOCUMENTS, AND INSTRUMENTS, AND ANY PRIOR ORAL AGREEMENTS BETWEEN SUCH PARTIES ARE SUPERSEDED BY AND MERGED INTO SUCH WRITINGS. THIS AGREEMENT (AS AMENDED IN WRITING FROM TIME TO TIME) AND THE OTHER WRITTEN LOAN PAPERS EXECUTED BY ANY BORROWER, ANY GUARANTOR, ANY LENDER, AND/OR ADMINISTRATIVE AGENT, (TOGETHER WITH ALL COMMITMENT LETTERS AND FEE LETTERS AS THEY RELATE TO THE PAYMENT OF FEES AFTER THE CLOSING DATE) REPRESENT THE FINAL AGREEMENT BETWEEN BORROWER, EACH GUARANTOR, MANAGING AGENT, LENDERS, AND AGENTS, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BY SUCH PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN SUCH PARTIES. [REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES FOLLOW.] THIRD AMENDED AND 81 RESTATED CREDIT AGREEMENT IN WITNESS WHEREOF, the undersigned, by their duly authorized officers and trustees, as applicable, have executed this Agreement the day and year first above written. Attest: XXXXXX OPERATING COMPANY By: By: ------------------------------ ------------------------------ Name: Xxxxxxx Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Secretary Title: President [CORPORATE SEAL] CORESTATES BANK, N.A., for itself as Administrative Agent, as an Agent, and as a Lender By: ------------------------------ Name: ------------------------- Title: ------------------------ [EXECUTIONS CONTINUED] THIRD AMENDED AND RESTATED CREDIT AGREEMENT Each of the undersigned GUARANTORS hereby acknowledges that it has reviewed this Credit Agreement and agrees that the representations and covenants contained in SECTIONS 5, 8, 9, and 10 hereof apply to Guarantors: XXXXXX COMMUNICATIONS CORPORATION By: --------------------------------- Name: Xxxxxxx X. Xxxxxx Title: President XXXXXX CELLULAR SYSTEMS, INC. By: --------------------------------- Name: G. Xxxxxx Xxxxx Title: President XXXXXX CELLULAR OF XXXXXXXX, INC. By: --------------------------------- Name: G. Xxxxxx Xxxxx Title: President XXXXXX CELLULAR OF XXXX, INC. By: --------------------------------- Name: G. Xxxxxx Xxxxx Title: President XXXXXX CELLULAR OF KANSAS/MISSOURI, INC. By: --------------------------------- Name: G. Xxxxxx Xxxxx Title: President THIRD AMENDED AND RESTATED CREDIT AGREEMENT XXXXXX CELLULAR OF MARYLAND, INC. By: --------------------------------- Name: G. Xxxxxx Xxxxx Title: President XXXXXX CELLULAR OF ARIZO...
THE RIGHTS AND OBLIGATIONS. OF EACH OF THE PARTIES TO THE LOAN DOCUMENTS SHALL BE DETERMINED SOLELY FROM WRITTEN AGREEMENTS, DOCUMENTS, AND INSTRUMENTS, AND ANY PRIOR ORAL AGREEMENTS BETWEEN SUCH PARTIES ARE SUPERSEDED BY AND MERGED INTO SUCH WRITINGS. THIS AMENDMENT, THE CREDIT AGREEMENT AND THE OTHER WRITTEN LOAN DOCUMENTS EXECUTED BY PARENT, BORROWER, ADMINISTRATIVE AGENT, THE SWING LINE LENDER, ANY ISSUING LENDER AND/OR LENDERS (TOGETHER WITH THE FEE LETTERS) REPRESENT THE FINAL AGREEMENT REGARDING THE MATTERS HEREIN BETWEEN SUCH PARTIES, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BY SUCH PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN SUCH PARTIES.
THE RIGHTS AND OBLIGATIONS. OF THE COMPANIES, LENDERS -------- AND AGENT SHALL BE DETERMINED SOLELY FROM WRITTEN AGREEMENTS, DOCUMENTS AND INSTRUMENTS, AND ANY PRIOR ORAL AGREEMENTS AMONG THE PARTIES ARE SUPERSEDED BY AND MERGED INTO THOSE WRITINGS. THIS AGREEMENT AND THE OTHER WRITTEN LOAN PAPERS (EACH AS AMENDED IN WRITING FROM TIME TO TIME) EXECUTED BY ANY COMPANY, ANY LENDER OR AGENT REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL 41 AGREEMENTS BY THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES. This Agreement supersedes all prior written agreements and understandings relating to the subject matter hereof and may be supplemented only by documents delivered in accordance with the terms hereof. EXECUTED as of the day and year first mentioned. THE VAIL CORPORATION By:_____________________________________________ Name:___________________________________________ Title:__________________________________________ NATIONSBANK OF TEXAS, N.A. By: __________________________________________ Xxxxx X. Xxxxxxx Senior Vice President 42 BANKBOSTON, N.A. By: __________________________________________ Name: __________________________________________ Title:__________________________________________ U.S BANK NATIONAL ASSOCIATION, D/B/A COLORADO NATIONAL BANK By: ___________________________________ Name: ___________________________________ Title: ___________________________________ CREDIT LYONNAIS NEW YORK BRANCH By: _____________________________ Name: _____________________________ Title:_____________________________ BANKERS TRUST COMPANY By: ____________________________________ Name: ____________________________________ Title:____________________________________ BANK OF AMERICA NT & SA By: _____________________________ Name: _____________________________ Title:_____________________________ FLEET NATIONAL BANK By: __________________________________ Name: __________________________________ Title:__________________________________ XXXXXX TRUST AND SAVINGS BANK BY: __________________________________ Name:__________________________________ Title:_________________________________ THE LONG-TERM CREDIT BANK OF JAPAN, LTD. LOS ANGELES AGENCY By: __________________________________ Name: __________________________________ Title:__________________________________ NORWEST BANK COLORADO, NATIONAL ASSOCIATION By: __________________________ Xxxxxx X. Xxxxx Vice President KEYBANK NATIONAL ASSOCIATION By: ________...
THE RIGHTS AND OBLIGATIONS. OF THE PARTIES HERETO SHALL BE DETERMINED SOLELY FROM WRITTEN AGREEMENTS, DOCUMENTS, AND INSTRUMENTS, AND ANY PRIOR ORAL AGREEMENTS AMONG SUCH PARTIES ARE SUPERSEDED BY AND MERGED INTO SUCH WRITINGS.
THE RIGHTS AND OBLIGATIONS. OF BORROWER AND LENDER SHALL BE DETERMINED SOLELY FROM THE WRITTEN LOAN DOCUMENTS AND ANY PRIOR ORAL AGREEMENTS BETWEEN LENDER AND BORROWER ARE SUPERSEDED BY AND MERGED INTO THE LOAN DOCUMENTS.
THE RIGHTS AND OBLIGATIONS. OF THE BORROWER, EACH BORROWER PRINCIPAL AND THE LENDER SHALL BE DETERMINED SOLELY FROM THIS WRITTEN NOTE AND THE OTHER LOAN DOCUMENTS, AND ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN THE LENDER, THE BORROWER AND ANY BORROWER PRINCIPAL CONCERNING THE SUBJECT MATTER HEREOF AND OF THE OTHER LOAN DOCUMENTS ARE SUPERSEDED BY AND MERGED INTO THIS NOTE AND THE OTHER LOAN DOCUMENTS.
THE RIGHTS AND OBLIGATIONS. OF THE BORROWER AND THE LENDER SHALL BE DETERMINED SOLELY FROM THIS WRITTEN SECURITY INSTRUMENT AND THE OTHER LOAN DOCUMENTS, AND ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN THE LENDER AND THE BORROWER CONCERNING THE SUBJECT MATTER HEREOF AND OF THE OTHER LOAN DOCUMENTS ARE SUPERSEDED BY AND MERGED INTO THIS SECURITY INSTRUMENT AND THE OTHER LOAN DOCUMENTS.
THE RIGHTS AND OBLIGATIONS. OF THE PARTIES TO THIS AGREEMENT SHALL BE DETERMINED SOLELY FROM THIS WRITTEN AGREEMENT, AND ANY PRIOR ORAL AGREEMENTS BETWEEN THE PARTIES ARE SUPERSEDED BY AND MERGED INTO THIS AGREEMENT. THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
