Common use of Acknowledgments, Waivers and Consents Clause in Contracts

Acknowledgments, Waivers and Consents. (a) Each Guarantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the guarantee of, and each Grantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the provision of security in the Collateral for, obligations of Persons other than such Grantor and that such Grantor’s guarantee and provision of security in the Collateral for the Secured Obligations are absolute, irrevocable and unconditional under any and all circumstances (subject to the terms of this Agreement and the other Note Documents and subject to any Requirements of Law). Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and in the Note Purchase Agreement and that the waivers set forth in clause (ii) below are knowingly made in contemplation of such benefits. In full recognition and furtherance of the foregoing, each Grantor understands and agrees, to the fullest extent permitted under applicable law and except as may otherwise be expressly and specifically provided in the Note Documents, that each Grantor shall remain obligated hereunder (including with respect to each Guarantor, the guarantee made by it herein and, with respect to each Grantor, the security in the Collateral provided by such Grantor herein), and the enforceability and effectiveness of this Agreement and the liability of such Grantor, and the rights, remedies, powers and privileges of the Collateral Agent and the other Secured Parties under this Agreement and the other Note Documents, shall not be affected, limited, reduced, discharged or terminated in any way and hereby agrees that:

Appears in 2 contracts

Samples: Second Lien Guaranty and Security Agreement (BioScrip, Inc.), First Lien Guaranty and Security Agreement (BioScrip, Inc.)

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Acknowledgments, Waivers and Consents. (a) Each Guarantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the guarantee of, and each Grantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the provision of collateral security in the Collateral for, obligations of Persons other than such Grantor and that such Grantor’s guarantee (if any) and provision of collateral security in the Collateral for the Secured Obligations are absolute, irrevocable and unconditional under any and all circumstances (subject to the terms of this Agreement and the other Note Documents and subject to any Requirements of Law). Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and in the Note Purchase Agreement and that the waivers set forth in clause (ii) below are knowingly made in contemplation of such benefitscircumstances. In full recognition and furtherance of the foregoing, each Grantor understands and agrees, to the fullest extent permitted under applicable law and except as may otherwise be expressly and specifically provided in the Note Loan Documents, that each Grantor shall remain obligated hereunder (including including, without limitation, with respect to each Guarantor, Guarantor the guarantee made by it herein and, with respect to each Grantor, the collateral security in the Collateral provided by such Grantor herein), and the enforceability and effectiveness of this Agreement and the liability of such Grantor, and the rights, remedies, powers and privileges of the Collateral Administrative Agent and the other Secured Parties under this Agreement and the other Note Loan Documents, shall not be affected, limited, reduced, discharged or terminated in any way and hereby agrees thatway:

Appears in 2 contracts

Samples: Revolving Credit Agreement (Fox Factory Holding Corp), Revolving Credit Agreement (Fox Factory Holding Corp)

Acknowledgments, Waivers and Consents. (a) Each Guarantor Grantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the guarantee of, and each Grantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the provision of collateral security in the Collateral for, the Secured Obligations, which obligations consist, in part, of the obligations of Persons other than such Grantor and that such Grantor’s guarantee and provision of collateral security in the Collateral for the Secured Obligations are absolute, irrevocable and unconditional under any and all circumstances (subject to the terms of this Agreement and the circumstances, except as expressly provided herein or in any other Note Documents and subject to any Requirements of Law). Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and in the Note Purchase Agreement and that the waivers set forth in clause (ii) below are knowingly made in contemplation of such benefitsLoan Document. In full recognition and furtherance of the foregoing, each Grantor understands and agrees, to the fullest extent permitted under applicable law and except as may otherwise be expressly and specifically provided in the Note Loan Documents, that each Grantor shall remain obligated hereunder (including including, without limitation, with respect to each Guarantor, the guarantee made by it herein and, with respect to each Grantor, such Grantor hereby and the collateral security in the Collateral provided by such Grantor herein), ) and the enforceability and effectiveness of this Agreement and the liability of such Grantor, and the rights, remedies, powers and privileges of the Collateral Administrative Agent and the other Secured Parties under this Agreement and the other Note Documents, Loan Documents shall not be affected, limited, reduced, discharged or terminated in any way and hereby agrees thatway:

Appears in 2 contracts

Samples: Credit Agreement (Eclipse Resources Corp), Credit Agreement (Montage Resources Corp)

Acknowledgments, Waivers and Consents. (a) Each Guarantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the guarantee of, and each Grantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the provision of collateral security in the Collateral for, obligations Obligations of Persons other than such Grantor and that such Grantor’s guarantee and provision of collateral security in the Collateral for the Secured Obligations are absolute, irrevocable irrevocable, and unconditional under any and all circumstances (subject to the terms of this Agreement and the other Note Documents and subject to any Requirements of Law). Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and in the Note Purchase Agreement and that the waivers set forth in clause (ii) below are knowingly made in contemplation of such benefitscircumstances. In full recognition and furtherance of the foregoing, each Grantor understands and agrees, to the fullest extent permitted under applicable law and except as may otherwise be expressly and specifically provided in the Note Loan Documents, that each Grantor shall remain obligated hereunder (including including, without limitation, with respect to each Guarantor, Guarantor the guarantee made by it herein and, with respect to each Grantor, the collateral security in the Collateral provided by such Grantor herein), and the enforceability and effectiveness of this Agreement and the liability of such Grantor, and the rights, remedies, powers powers, and privileges of the Collateral Administrative Agent and the other Secured Parties under this Agreement and the other Note Loan Documents, shall not be affected, limited, reduced, discharged discharged, or terminated in any way and hereby agrees thatway:

Appears in 1 contract

Samples: Guaranty and Security Agreement (Tessco Technologies Inc)

Acknowledgments, Waivers and Consents. (a) Each Guarantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the guarantee of, and each Grantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the provision of security in the Collateral for, obligations of Persons other than such Grantor and that such Grantor’s guarantee and provision of security in the Collateral for the Secured Obligations are absolute, irrevocable and unconditional under any and all circumstances (subject to the terms of this Agreement and the other Note Loan Documents and subject to any Requirements of Law). Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and in the Note Purchase Agreement and that the waivers set forth in clause (ii) below are knowingly made in contemplation of such benefits. In full recognition and furtherance of the foregoing, each Grantor understands and agrees, to the fullest extent permitted under applicable law and except as may otherwise be expressly and specifically provided in the Note Loan Documents, that each Grantor shall remain obligated hereunder (including with respect to each Guarantor, the guarantee made by it herein and, with respect to each Grantor, the security in the Collateral provided by such Grantor herein), and the enforceability and effectiveness of this Agreement and the liability of such Grantor, and the rights, remedies, powers and privileges of the Collateral Administrative Agent and the other Secured Parties under this Agreement and the other Note Loan Documents, shall not be affected, limited, reduced, discharged or terminated in any way and hereby agrees thatway:

Appears in 1 contract

Samples: Guaranty and Security Agreement (BioScrip, Inc.)

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Acknowledgments, Waivers and Consents. (a) Each Guarantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the guarantee of, and each Grantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the provision of collateral security in the Collateral for, obligations of Persons other than such Grantor and that such Grantor’s 's guarantee and provision of collateral security in the Collateral for the Secured Obligations are absolute, irrevocable and unconditional under any and all circumstances (subject to the terms of this Agreement and the other Note Documents and subject to any Requirements of Law). Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and in the Note Purchase Agreement and that the waivers set forth in clause (ii) below are knowingly made in contemplation of such benefitscircumstances. In full recognition and furtherance of the foregoing, each Grantor understands and agrees, to the fullest extent permitted under applicable law and except as may otherwise be expressly and specifically provided in the Note Loan Documents, that each Grantor shall remain obligated hereunder (including with respect to each Guarantor, Guarantor the guarantee made by it herein and, with respect to each Grantor, the collateral security in the Collateral provided by such Grantor herein), and the enforceability and effectiveness of this Agreement and the liability of such Grantor, and the rights, remedies, powers and privileges of the Collateral Agent Lender and the other Secured Parties under this Agreement and the other Note Loan Documents, shall not be affected, limited, reduced, discharged or terminated in any way and hereby agrees thatway:

Appears in 1 contract

Samples: Guaranty and Security Agreement (Danimer Scientific, Inc.)

Acknowledgments, Waivers and Consents. (a) Each Guarantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the guarantee of, and each Grantor acknowledges and agrees that the obligations undertaken by it under this Agreement involve the provision of collateral security in the Collateral for, obligations of Persons other than such Grantor and that such Grantor’s guarantee and provision of collateral security in the Collateral for the Secured Obligations are absolute, irrevocable and unconditional under any and all circumstances (subject to the terms of this Agreement and the other Note Documents and subject to any Requirements of Law). Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and in the Note Purchase Agreement and that the waivers set forth in clause (ii) below are knowingly made in contemplation of such benefitscircumstances. In full recognition and furtherance of the foregoing, each Grantor understands and agrees, to the fullest extent permitted under applicable law and except as may otherwise be expressly and specifically provided in the Note Loan Documents, that each Grantor shall remain obligated hereunder (including with respect to each Guarantor, Guarantor the guarantee made by it herein and, with respect to each Grantor, the collateral security in the Collateral provided by such Grantor herein), and the enforceability and effectiveness of this Agreement and the liability of such Grantor, and the rights, remedies, powers and privileges of the Collateral Administrative Agent and the other Secured Parties under this Agreement and the other Note Loan Documents, shall not be affected, limited, reduced, discharged or terminated in any way and hereby agrees thatway:

Appears in 1 contract

Samples: Guaranty and Security Agreement (Dakota Plains Holdings, Inc.)

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