Common use of Affirmation of Credit Agreement, Further References, Affirmation of Security Interest Clause in Contracts

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the Lender, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 9 contracts

Samples: Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc)

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Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Agent on behalf of the Lenders and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender Lenders that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower in favor of the Lender Lenders under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderAgreement, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 8 contracts

Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amendedamended hereby, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit AgreementAgreement and the other Loan Documents, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendmenthereby. The Borrower confirms to the Lender that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the Lender, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents document and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 7 contracts

Samples: Credit Agreement (Galaxy Gaming, Inc.), Credit Agreement (Galaxy Gaming, Inc.), Credit Agreement (Galaxy Gaming, Inc.)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Agent, the Banks and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender Agent and the Banks that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Secured Obligations are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s Security Agreement dated as of October 2, 2012 and made by Agent for the Borrower in favor benefit of the LenderBanks under the Pledge and Security Agreement, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 7 contracts

Samples: Warehousing Credit Agreement (MDC Holdings Inc), Warehousing Credit Agreement (MDC Holdings Inc), Warehousing Credit Agreement (MDC Holdings Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderAgreement, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 6 contracts

Samples: Credit Agreement (Magstar Technologies Inc), Credit Agreement (Magstar Technologies Inc), Credit Agreement (Magstar Technologies Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Each Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender Lenders that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower in favor of the Lender Lenders under that certain Borrower’s the Security Agreement, the Pledge Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderMortgage, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 6 contracts

Samples: Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Banks and the Borrower Borrowers each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Each Borrower confirms to the Lender Banks that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower Borrowers in favor of the Lender Banks under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderDocuments, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the BorrowerBorrowers.

Appears in 5 contracts

Samples: Joinder Agreement (Dolan Media CO), Credit Agreement (Dolan Media CO), Credit Agreement (Dolan Media CO)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Banks and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender Banks that the Borrower’s 's obligations under the Credit Agreement, as amended by this Amendment, are and continue to be secured by the security interest granted by the Borrower in favor of the Lender Agent under that certain Borrower’s Security Agreement (Borrower), that certain Pledge Agreement, and that certain Collateral Assignment of Trademarks, all dated as of October 2September 27, 2012 1999, and made by the Borrower in favor of the LenderAgent, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 4 contracts

Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Bank and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender Bank that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower in favor of the Lender Bank under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderDocuments, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 4 contracts

Samples: Credit Agreement (RTW Inc /Mn/), Credit Agreement (RTW Inc /Mn/), Credit Agreement (RTW Inc /Mn/)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Lenders and the Borrower Borrowers each acknowledge and affirm that the Credit Agreement, as hereby amendedamended by this Amendment, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this AmendmentAmendment (excluding the representations set forth in Section 5.6 and 5.18), shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Each Borrower confirms to the Lender Lenders that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower Borrowers in favor of the Lender Administrative Agent under that certain Borrower’s Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderCollateral Documents, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement Agreement, as amended or waived by this Amendment, are incorporated herein by reference and are hereby ratified and affirmed in all respects by the BorrowerBorrowers (excluding the representations set forth in Section 5.6 and 5.18).

Appears in 3 contracts

Samples: Credit Agreement (Dolan Co.), Credit Agreement (Dolan Co.), Credit Agreement (Dolan Co.)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Bank and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender Bank that the Borrower’s 's obligations under the Credit Agreement, as amended by this Amendment, Amendment are and continue to be secured by the security interest granted by the Borrower in favor of the Lender Bank under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderAgreement, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Health Risk Management Inc /Mn/), Credit Agreement (Health Risk Management Inc /Mn/), Credit Agreement (Health Risk Management Inc /Mn/)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Lenders and the Borrower Borrowers each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Each Borrower confirms to the Lender Lenders that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower Borrowers in favor of the Lender Lenders under that certain Borrower’s Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderCollateral Documents, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the BorrowerBorrowers.

Appears in 3 contracts

Samples: Credit Agreement (Dolan Co.), Credit Agreement (Dolan Co.), Credit Agreement (Dolan Co.)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower Borrowers each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms Borrowers confirm to the Lender that the Borrower’s Borrowers' obligations under the Credit Agreement, as amended by this Amendment, Amendment are and continue to be secured by the security interest granted by the Borrower Corporate Borrowers in favor of the Lender under that certain Borrower’s the Security Agreement Agreements dated as of October 2March 29, 2012 and made by the Borrower in favor of the Lender2000, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the BorrowerBorrowers.

Appears in 2 contracts

Samples: Credit Agreement (WTC Industries Inc), Credit Agreement (WTC Industries Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender that the Borrower’s 's obligations under the Credit Agreement, as amended by this Amendment, are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the Lender, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Sunrise International Leasing Corp), Credit Agreement (Sunrise International Leasing Corp)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender that the Borrower’s 's obligations under the Credit Agreement, as amended by this Amendment, Amendment are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s Security Agreement security agreement dated as of October 2February 25, 2012 1997, and made by the Borrower in favor of the Lender, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 1 contract

Samples: Letter Loan Agreement (Ault Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender that the Borrower’s 's obligations under the Credit Agreement, as amended by this Amendment, Amendment are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by Documents to which the Borrower in favor of the Lenderis a party, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (RTW Inc /Mn/)

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Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Lenders and the each Borrower each acknowledge and affirm that the Credit Agreement, as previously and hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this the First Amendment, Second Amendment and Third Amendment shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by the First Amendment and Second Amendment and further modified by this Third Amendment. The Each Borrower confirms to the Lender Administrative Agent and the Lenders that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest interests granted by the Borrower Borrowers in favor of the Lender under that certain Borrower’s Security Agreement dated as of October 2, 2012 and made by Administrative Agent for the Borrower in favor benefit of the LenderAdministrative Agent and the Lenders under the Security Documents, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the each Borrower.

Appears in 1 contract

Samples: Credit Agreement (Golden Oval Eggs LLC)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, . shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender that the Borrower’s 's obligations under the Credit Agreement, as amended by this Amendment, Amendment are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s Security Agreement security agreement dated as of October 2February 25, 2012 1997, and made by the Borrower in favor of the Lender, and all of the terms, conditions, provisions, . agreements, . requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 1 contract

Samples: Letter Loan Agreement (Ault Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Lenders and the each Borrower each acknowledge and affirm that the Credit Agreement, as previously and hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this the First Amendment and Second Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by the First Amendment and further modified by this Second Amendment. The Each Borrower confirms to the Lender Administrative Agent and the Lenders that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest interests granted by the Borrower Borrowers in favor of the Lender under that certain Borrower’s Security Agreement dated as of October 2, 2012 and made by Administrative Agent for the Borrower in favor benefit of the LenderAdministrative Agent and the Lenders under the Security Documents, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the each Borrower.

Appears in 1 contract

Samples: Credit Agreement (Golden Oval Eggs LLC)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, Notes, Indenture and Security Agreement (which shall be referred to hereinafter as hereby amended, is the "Loan Documents") are hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreementeach such document, except as amended by this AmendmentAgreement, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender that the Borrower’s 's obligations under the Credit Agreement, as amended by this Amendment, Agreement are and continue to be secured by the security interest interests granted by the Borrower in favor of the Lender under that certain Borrower’s the Security Agreement dated as of October 2and the Indenture, 2012 and made by the Borrower in favor of the Lender, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents the Loan Documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by this reference and are hereby ratified and affirmed in all respects by the Borrower, except as amended by this Agreement. This Agreement supersedes and has merged into this Agreement all prior oral or written agreements on the subjects of this Agreement by and between the parties hereto with the effect that this Agreement, shall control with respect to the specific subjects hereof and thereof.

Appears in 1 contract

Samples: Settlement Agreement (Healthrite Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower Borrowers each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms Borrowers confirm to the Lender that the Borrower’s Borrowers' obligations under the Credit Agreement, as amended by this AmendmentAmendment and including, without limitation, the Note, are and continue to be secured by the security interest granted by the Borrower Borrowers in favor of the Lender under that certain Borrower’s the Security Agreement Agreements dated as of October 2February 27, 2012 2002 and made by the Borrower any prior security agreements that remain in favor of the Lendereffect, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the BorrowerBorrowers.

Appears in 1 contract

Samples: Credit Agreement (WTC Industries Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender Agent on behalf of the Lenders and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender Lenders that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower in favor of the Lender Lenders under that certain Borrower’s the Security Agreement dated as of October 2, 2012 and made by the Borrower in favor of the LenderAgreement, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower. This Amendment is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, as amended hereby.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower Borrowers each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms Borrowers confirm to the Lender that the Borrower’s Borrowers' obligations under the Credit Agreement, as amended by this AmendmentAmendment and including the increased amount of the Revolving Loan and Term Note A, Term Note B and the Advancing Term Note, as well as the Term Note, are and continue to be secured by the security interest granted by the Borrower Borrowers in favor of the Lender under that certain Borrower’s the Security Agreement Agreements dated as of October 2February 27, 2012 2002 and made by the Borrower any prior security agreements that remain in favor of the Lendereffect, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the BorrowerBorrowers.

Appears in 1 contract

Samples: Credit Agreement (WTC Industries Inc)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms to the Lender that the Borrower’s obligations under the Credit Agreement, as amended by this Amendment, Obligations are and continue to be secured by the security interest granted by the Borrower in favor of the Lender under that certain Borrower’s Security Agreement pledge agreement dated as of October 2March 31, 2012 2000, and made by the Borrower in favor of the Lender, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (RTW Inc /Mn/)

Affirmation of Credit Agreement, Further References, Affirmation of Security Interest. The Lender and the Borrower Borrowers each acknowledge and affirm that the Credit Agreement, as hereby amended, is hereby ratified and confirmed in all respects and all terms, conditions and provisions of the Credit Agreement, except as amended by this Amendment, shall remain unmodified and in full force and effect. All references in any document or instrument to the Credit Agreement are hereby amended and shall refer to the Credit Agreement as amended by this Amendment. The Borrower confirms Borrowers confirm to the Lender that the Borrower’s Borrowers' obligations under the Credit Agreement, as amended by this AmendmentAmendment and including, without limitation, each of the Notes, are and continue to be secured by the security interest granted by the Borrower Borrowers in favor of the Lender under that certain Borrower’s the Security Agreement Agreements dated as of October 2February 27, 2012 2002 and made by the Borrower any prior security agreements that remain in favor of the Lendereffect, and all of the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations of the Borrower Borrowers under such documents and any and all other documents and agreements entered into with respect to the obligations under the Credit Agreement are incorporated herein by reference and are hereby ratified and affirmed in all respects by the BorrowerBorrowers.

Appears in 1 contract

Samples: Credit Agreement (WTC Industries Inc)

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