Common use of Amendment Parties Clause in Contracts

Amendment Parties. Each of the Amendment Parties hereby approves and consents to the transactions contemplated by this Amendment, confirms and agrees that, after giving effect to this Amendment, each of the Credit Agreement and the other Credit Documents to which it is a party, remains in full force and effect and enforceable against it in accordance with its terms and shall not be discharged, diminished, limited or otherwise affected in any respect, 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 it has any such claims, counterclaims, offsets, or defenses to such Credit Documents or any transaction related to such Credit Documents, the same are hereby waived, relinquished, and released in consideration of the execution of this Amendment. Furthermore, each of the Amendment Parties acknowledges and agrees that its obligations under the Credit Documents shall not be discharged, limited or otherwise affected by reason of the Administrative Agent’s or any Lender’s actions with respect to any other Amendment Party, or with respect to, or in adding or releasing, any other guarantor of the obligations of the Borrower under the Credit Agreement without the necessity of giving notice to or obtaining the consent of such Amendment Party. The acknowledgements and confirmations by each of the Amendment Parties herein is made and delivered to induce the Administrative Agent and the Lenders to enter into this Amendment and continue to extend credit to the Borrower and the other Amendment Parties, and each of the Amendment Parties acknowledges that the Administrative Agent and the Lenders would not enter into this Amendment and continue to extend such credit in the absence of the acknowledgement and confirmation contained herein. The Amendment Parties assume, ratify and confirm the obligations of the Amendment Parties and any predecessor to an Amendment Party under the amendments to the Credit Agreement executed prior to this Amendment.

Appears in 5 contracts

Samples: Credit Agreement (Swisher Hygiene Inc.), Credit Agreement (Swisher Hygiene Inc.), Credit Agreement (Swisher Hygiene Inc.)

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Amendment Parties. Each of the Amendment Parties hereby approves and consents to the transactions contemplated by this Amendment, confirms and agrees that, after giving effect to this Amendment, each of the Credit Agreement and the other Credit Documents to which it is a party, remains in full force and effect and enforceable against it in accordance with its terms and shall not be discharged, diminished, limited or otherwise affected in any respect, 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 it has any such claims, counterclaims, offsets, or defenses to such Credit Documents or any transaction related to such Credit Documents, the same are hereby waived, relinquished, and released in consideration of the execution of this Amendment. Furthermore, each of the Amendment Parties acknowledges and agrees that its obligations under the Credit Documents shall not be discharged, limited or otherwise affected by reason of the Administrative Agent’s or any Lender’s actions with respect to any other Amendment Party, or with respect to, or in adding or releasing, any other guarantor of the obligations of the Borrower under the Credit Agreement without the necessity of giving notice to or obtaining the consent of such Amendment Party. The acknowledgements and confirmations by each of the Amendment Parties herein is made and delivered to induce the Administrative Agent and the Lenders to enter into this Amendment and continue to extend credit to the Borrower and the other Amendment Parties, and each of the Amendment Parties acknowledges that the Administrative Agent and the Lenders would not enter into this Amendment and continue to extend such credit in the absence of the acknowledgement and confirmation contained herein. The Amendment Parties assume, ratify and confirm the obligations of the Amendment Parties and any predecessor to an Amendment Party under the amendments to the Credit Agreement executed prior to this Amendment.

Appears in 4 contracts

Samples: Credit Agreement (Swisher Hygiene Inc.), Credit Agreement (Swisher Hygiene Inc.), Credit Agreement (Swisher Hygiene Inc.)

Amendment Parties. Each of the Amendment Parties hereby approves and consents to the transactions contemplated by this AmendmentAmendment and the Proposed Transaction, confirms and agrees that, after giving effect to this Amendment, each of the Xxxxxxx Credit Agreement, the HB Service Credit Agreement and the other Credit Documents (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement) to which it is a party, remains in full force and effect and enforceable against it in accordance with its terms and shall not be discharged, diminished, limited or otherwise affected in any respect, and represents and warrants to the Administrative Agent and the Lenders Bank that it has no knowledge of any claims, counterclaims, offsets, or defenses to or with respect to its obligations under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement), or if it has any such claims, counterclaims, offsets, or defenses to such Credit Documents or any transaction related to such Credit Documents, the same are hereby waived, relinquished, and released in consideration of the execution of this Amendment. Furthermore, each of the Amendment Parties acknowledges and agrees that its obligations under the Credit Documents (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement) shall not be discharged, limited or otherwise affected by reason of the Administrative Agent’s or any LenderBank’s actions with respect to any other Amendment Party, or with respect to, or in adding or releasing, any other guarantor of the obligations of the Borrower Xxxxxxx under the Xxxxxxx Credit Agreement or HB Service under the HB Service Credit Agreement, in each case without the necessity of giving notice to or obtaining the consent of the Guarantor. Without limiting the generality of the foregoing, Xxxxxxxx hereby specifically reaffirms all of his obligations and covenants under each of the Xxxxxxx Xxxxxxxx Guaranty and the HB Service Xxxxxxxx Guaranty and agrees that none of such obligations and covenants shall be affected by the execution and delivery of this Amendment Partyand the consummation of the Proposed Transaction. The acknowledgements and confirmations by each of the Amendment Parties herein is made and delivered to induce the Administrative Agent and the Lenders Bank to enter into this Amendment and continue to extend credit to the Borrower Xxxxxxx, XX Service and the other Amendment Parties, and each of the Amendment Parties acknowledges that the Administrative Agent and the Lenders Bank would not enter into this Amendment and continue to extend such credit in the absence of the acknowledgement and confirmation contained herein. The Amendment Parties assume, ratify and confirm the obligations of the Amendment Parties and any predecessor to an Amendment Party under the amendments to the Credit Agreement executed prior to this Amendment.

Appears in 2 contracts

Samples: Consent and Waiver (Swisher Hygiene Inc.), Omnibus Amendment Agreement (Swisher Hygiene Inc.)

Amendment Parties. Each of the Amendment Parties hereby approves and consents to the transactions contemplated by this AmendmentAmendment and the Proposed Transaction, confirms and agrees that, after giving effect to this Amendment, each of the Xxxxxxx Credit Agreement, the HB Service Credit Agreement and the other Credit Documents (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement) to which it is a party, remains in full force and effect and enforceable against it in accordance with its terms and shall not be discharged, diminished, limited or otherwise affected in any respect, and represents and warrants to the Administrative Agent and the Lenders Bank that it has no knowledge of any claims, counterclaims, offsets, or defenses to or with respect to its obligations under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement), or if it has any such claims, counterclaims, offsets, or defenses to such Credit Documents or any transaction related to such Credit Documents, the same are hereby waived, relinquished, and released in consideration of the execution of this Amendment. Furthermore, each of the Amendment Parties acknowledges and agrees that its obligations under the Credit Documents (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement) shall not be discharged, limited or otherwise affected by reason of the Administrative Agent’s or any LenderBank’s actions with respect to any other Amendment Party, or with respect to, or in adding or releasing, any other guarantor of the obligations of the Borrower Xxxxxxx under the Xxxxxxx Credit Agreement or HB Service under the HB Service Credit Agreement, in each case without the necessity of giving notice to or obtaining the consent of such Amendment Party. The acknowledgements and confirmations by each of the Amendment Parties herein is made and delivered to induce the Administrative Agent and the Lenders Bank to enter into this Amendment and continue to extend credit to the Borrower Xxxxxxx, XX Service and the other Amendment Parties, and each of the Amendment Parties acknowledges that the Administrative Agent and the Lenders Bank would not enter into this Amendment and continue to extend such credit in the absence of the acknowledgement and confirmation contained herein. The Amendment Parties assume, ratify and confirm the obligations of the Amendment Parties and any predecessor to an Amendment Party under the amendments to the Credit Agreement executed prior to this Amendment.

Appears in 1 contract

Samples: Omnibus Amendment Agreement (Swisher Hygiene Inc.)

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Amendment Parties. Each of the Amendment Parties hereby approves and consents to the transactions contemplated by this AmendmentAmendment and the Proposed Transaction, confirms and agrees that, after giving effect to this Amendment, each of the Xxxxxxx Credit Agreement, the HB Service Credit Agreement and the other Credit Documents (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement) to which it is a party, remains in full force and effect and enforceable against it in accordance with its terms and shall not be discharged, diminished, limited or otherwise affected in any respect, and represents and warrants to the Administrative Agent and the Lenders Bank that it has no knowledge of any claims, counterclaims, offsets, or defenses to or with respect to its obligations under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement), or if it has any such claims, counterclaims, offsets, or defenses to such Credit Documents or any transaction related to such Credit Documents, the same are hereby waived, relinquished, and released in consideration of the execution of this Amendment. FurthermoreWithout limiting the generality of the foregoing, Xxxxxxxx hereby specifically reaffirms all of his obligations and covenants under each of the Amendment Parties acknowledges Xxxxxxx Xxxxxxxx Guaranty and the HB Service Xxxxxxxx Guaranty and agrees that its none of such obligations under the Credit Documents and covenants shall not be discharged, limited or otherwise affected by reason the execution and delivery of this Amendment and the consummation of the Administrative Agent’s or any Lender’s actions with respect to any other Amendment Party, or with respect to, or in adding or releasing, any other guarantor of the obligations of the Borrower under the Credit Agreement without the necessity of giving notice to or obtaining the consent of such Amendment PartyProposed Transaction. The acknowledgements and confirmations by each of the Amendment Parties herein is made and delivered to induce the Administrative Agent and the Lenders Bank to enter into this Amendment and continue to extend credit to the Borrower Xxxxxxx, XX Service and the other Amendment Parties, and each of the Amendment Parties acknowledges that the Administrative Agent and the Lenders Bank would not enter into this Amendment and continue to extend such credit in the absence of the acknowledgement and confirmation contained herein. The Amendment Parties assume, ratify and confirm the obligations of the Amendment Parties and any predecessor to an Amendment Party under the amendments to the Credit Agreement executed prior to this Amendment.

Appears in 1 contract

Samples: Consent and Waiver (Swisher Hygiene Inc.)

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