ACKNOWLEDGEMENT AND CONFIRMATION Sample Clauses

ACKNOWLEDGEMENT AND CONFIRMATION. Each party to this Amendment hereby confirms and agrees that, after giving effect to this Amendment and the amendments contemplated hereby, and except as expressly modified hereby, the Credit Agreement and the other Credit Documents to which it is a party remain in full force and effect and enforceable against such party in accordance with their respective terms and shall not be discharged, diminished, limited or otherwise affected in any respect.
ACKNOWLEDGEMENT AND CONFIRMATION. Each Credit Party hereby confirms and agrees that, after giving effect to this Amendment, the Credit Agreement and the other Credit Documents remain in full force and effect and enforceable against such Credit Party in accordance with their respective terms and shall not be discharged, diminished, limited or otherwise affected in any respect (other than as expressly amended hereby), and represents and warrants to the Administrative Agent and the Lenders that it has no knowledge of any claims, counterclaims, offsets or defenses to or with respect to its obligations under the Credit Documents, or if such Credit Party has any such claims, counterclaims, offsets, or defenses to the Credit Documents or any transaction related to the Credit Documents, the same are hereby waived, relinquished, and released in consideration of the execution of this Amendment. Without limiting the foregoing, each Credit Party consents to the amendment of the Credit Agreement effected by Article I and confirms for the benefit of the Lenders and the Administrative Agent that (i) if applicable, its obligations (A) as a Subsidiary Guarantor under the applicable Guaranty and (B) under the Security Documents to which it is a party are not discharged or (except as set out in clause (ii) below) otherwise affected by those amendments or the other provisions of this Amendment and shall accordingly continue in full force and effect; and (ii) the Guaranty Obligations and Secured Liabilities (howsoever defined in each relevant Security Document) shall after the Effective Date extend to the obligations of each Credit Party (as applicable) under the Credit Agreement as amended hereby and under any other Credit Documents. This acknowledgement and confirmation by the Credit Parties is made and delivered to induce the Administrative Agent and the Lenders to enter into this Amendment, and each Credit Party acknowledges that the Administrative Agent and the Lenders would not enter into this Amendment in the absence of the acknowledgement and confirmation contained herein.
ACKNOWLEDGEMENT AND CONFIRMATION. Each of the Loan Parties party hereto hereby agrees that with respect to each Loan Document to which it is a party, after giving effect to the Amendment and the transactions contemplated hereunder:
ACKNOWLEDGEMENT AND CONFIRMATION. Statewide Business Brokers are acting for the Seller regarding the sale of the business referred to above and will provide various business information, financial figures, and other confidential information to the Recipient. The information has been prepared with the Seller’s instructions and the Seller has agreed to make the information available to the Recipient upon agreement with the terms and conditions contained herein. All the information given; oral, written or electronically transmitted, is hereinafter referred to as the “Confidential Information”.
ACKNOWLEDGEMENT AND CONFIRMATION. The undersigned hereby agrees and acknowledges that it has been advised that the Company has filed with the SEC the 2009 Annual Report, the 2010 Quarterly Reports and the Current Reports (collectively, the “SEC Reports”) and that it has either obtained or has access to (through the public website of the SEC or otherwise) the SEC Reports. The SEC Reports comprise an integral part of this Agreement and each Subscriber is urged to read each such report in its entirety. The undersigned further agrees that the SEC Reports are incorporated herein by reference, that it has taken the opportunity to review such reports in their entirety, including the risk factors described therein, and that it has considered all factors that it deems material in deciding on the advisability of investing in the Company’s securities.
ACKNOWLEDGEMENT AND CONFIRMATION. Each of the Credit Parties party hereto hereby agrees that with respect to each Credit Document to which it is a party, after giving effect to this Amendment and the transactions contemplated hereunder, all of its obligations, liabilities and indebtedness under such Credit Document, including guarantee obligations, shall, except as set forth herein or in the Credit Agreement, remain in full force and effect on a continuous basis.
ACKNOWLEDGEMENT AND CONFIRMATION. Acknowledgement and Confirmation by Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx Xx. 0, as to content and detail of this Work Authorization No. .
ACKNOWLEDGEMENT AND CONFIRMATION. Acknowledgement and Confirmation by Xxxxxxx County Precinct No.2, Commissioner, Xxxxxxx Xxxxx, as to content and detail of this Work Authorization Xx. 0. XXXXXXX XXXXXX COMMISSIONER PRECINCT No. 2: BY:
ACKNOWLEDGEMENT AND CONFIRMATION. The Administrative Agent shall have received an acknowledgement and confirmation from each of the Loan Parties certifying that (i) all of its obligations and liabilities under each of the Loan Documents to which such Loan Party is a party remain in full force and effect on a continuous basis after giving effect to the amendment and restatement of this Agreement on the Restatement Date and (ii) all of the Liens and security interests created and arising under each of the Loan Documents to which such Loan Party is a party remain in full force and effect on a continuous basis, and the perfected status and priority of each such Lien and security interest continues in full force and effect on a continuous basis, unimpaired, uninterrupted and undischarged, after giving effect to the amendment and restatement of this Agreement on the Restatement Date, as collateral security for its obligations, liabilities and Indebtedness under this Agreement and under its Loan Guaranty, as applicable; provided that with respect to any Dutch Loan Party and any Luxembourg Loan Party, such acknowledgement and confirmation shall be solely with respect to its Loan Guaranty.
ACKNOWLEDGEMENT AND CONFIRMATION. Each of the Loan Parties party hereto hereby agrees and acknowledges that with respect to each Loan Document to which it is a party, after giving effect to this Agreement and the transactions contemplated hereunder: (a) as of November 14, 2018, subject to additions and other adjustments as permitted under the Loan Documents, the aggregate balance of the outstanding Obligations under the Credit Agreement is equal to $127,289,308.54, and that the respective balances of the various Loans and the LC Obligations as of such date were equal to the following: Term A Loans $47,862,500.00 Term B Loans $48,125,000.00 Revolving Loans (excluding LC Obligations) $28,500,000.00 LC Obligations $1,500,000.00 Interest and LC Fees and Unused Fees $1,301,808.54 TOTAL $127,289,308.54 The foregoing amounts do not include interest accruing after November 14, 2018, additional fees, expenses and other amounts that are chargeable or otherwise reimbursable under the Credit Agreement and the other Loan Documents. Further, each of the Loan Parties acknowledges and agrees that the above described amounts are not subject to any offset, reduction, counterclaim or defense by the Loan Parties. (b) all of its obligations, liabilities and indebtedness under such Loan Document, including guarantee obligations, shall, except as expressly set forth herein or in the Credit Agreement, remain in full force and effect on a continuous basis; and (c) all of the Liens and security interests created and arising under such Loan Document remain in full force and effect on a continuous basis, and the perfected status and priority to the extent provided for in the Loan Documents of each such Lien and security interest continues in full force and 3 501951041 v5 1205867.00001