Common use of Binding Effect of Documents Clause in Contracts

Binding Effect of Documents. Each Obligor hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document, (b) each of the Loan Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by such Obligor, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto, (c) the agreements and obligations of such Obligor contained in such documents and in this Agreement constitute the legal, valid and binding Obligations of such Obligor, enforceable against it in accordance with their respective terms, and such Obligor has no valid defense to the enforcement of such Obligations, (d) Agent and Lenders are and will be entitled to the rights, remedies and benefits provided for under the Loan Agreement and the other Loan Documents and applicable law and (e) each Obligor shall comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Loan Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of any Obligor set forth in the Loan Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 4 contracts

Samples: Loan Agreement (School Specialty Inc), Loan Agreement and Forbearance Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)

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Binding Effect of Documents. Each Obligor hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document, (b) each of the Loan Agreement and the other Loan Documents Document to which it is a party has been duly executed and delivered to Agent by such Obligor, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto, (c) the agreements and obligations of such Obligor contained in such documents and in this Agreement constitute the legal, valid and binding Obligations of such Obligor, enforceable against it in accordance with their respective terms, and such Obligor has no valid defense to the enforcement of such Obligations, (d) Agent and Lenders are and will be entitled to the rights, remedies and benefits provided for under the Loan Agreement and the other Loan Documents and applicable law and (e) each Obligor shall comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Loan Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of any Obligor set forth in the Loan Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 2 contracts

Samples: Loan Agreement (School Specialty Inc), Forbearance Agreement (School Specialty Inc)

Binding Effect of Documents. Each Obligor Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document, ; (b) each of the Loan Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by such ObligorBorrower, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto, ; (c) the agreements and obligations of such Obligor Loan Party contained in such documents and in this Agreement constitute the legal, valid valid, and binding Obligations of such ObligorObligations, enforceable against it in accordance with their respective terms, and such Obligor Loan Party has no valid defense to the enforcement of such Obligations, ; (d) Agent and Lenders are and will be entitled to the rights, remedies remedies, and benefits provided for under the Loan Credit Agreement and the other Loan Documents and applicable law law; and (e) each Obligor during the Forbearance Period, such Loan Party shall comply with all limitations, restrictions restrictions, or prohibitions that would otherwise be effective or applicable under the Loan Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of any Obligor such Loan Party set forth in the Loan Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 2 contracts

Samples: Forbearance Agreement (Essex Rental Corp.), Second Forbearance Agreement (Essex Rental Corp.)

Binding Effect of Documents. Each Obligor Borrower hereby acknowledges, confirms and agrees that: (a) this Agreement Amendment constitutes a Loan Document, (b) each of the Loan Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent Bank by such ObligorBorrower, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto, (c) the agreements and obligations of such Obligor Borrower contained in such documents and in this Agreement Amendment constitute the legal, valid and binding Obligations of such ObligorBorrower, enforceable against it in accordance with their respective terms, and such Obligor Borrower has no valid defense to the enforcement of such Obligations, (d) Agent and Lenders are Bank is and will be entitled to the rights, remedies and benefits provided for under the Loan Agreement and the other Loan Documents and applicable law and (e) each Obligor such Borrower shall comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Loan Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of any Obligor set forth in the Loan Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Loan and Security Agreement (Journey Medical Corp)

Binding Effect of Documents. Each Obligor Borrower hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document, (b) each of the Loan Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent Lender by such ObligorBorrower, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto, (c) the agreements and obligations of such Obligor Borrower contained in such documents and in this Agreement constitute the legal, valid and binding Obligations of such ObligorBorrower, enforceable against it in accordance with their respective terms, and such Obligor Borrower has no valid defense to the enforcement of such Obligations, (d) Agent and Lenders are Lender is and will be entitled to the rights, remedies and benefits provided for under the Loan Credit Agreement and the other Loan Documents and applicable law and (e) each Obligor shall Borrower will comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Loan Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of any Obligor Borrower set forth in the Loan Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Forbearance Agreement (Katy Industries Inc)

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Binding Effect of Documents. Each Obligor Borrower hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document, (b) each of the Loan Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by such ObligorBorrower, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto, (c) the agreements and obligations of such Obligor Borrower contained in such documents and in this Agreement constitute the legal, valid and binding Obligations of such ObligorBorrower, enforceable against it in accordance with their respective terms, and such Obligor Borrower has no valid defense to the enforcement of such Obligations, (d) Agent and Lenders are and will be entitled to the rights, remedies and benefits provided for under the Loan Agreement and the other Loan Documents and applicable law and (e) each Obligor Borrower shall comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Loan Agreement or any of the other Loan Documents during the continuance of any Event of Default, and and, except to the extent expressly provided otherwise in this Agreement, any right or action of any Obligor Borrower set forth in the Loan Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Waiver And (Enphase Energy, Inc.)

Binding Effect of Documents. Each Obligor Note Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Notes Document, (b) each of the Loan Agreement Note and the other Loan Notes Documents to which it is a party has been duly executed and delivered to Agent by such ObligorNote Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto, (c) the agreements and obligations of such Obligor Note Party contained in such documents and in this Agreement constitute (except as may be limited by bankruptcy and insolvency laws and equitable principles), the legal, valid and binding Obligations of such ObligorNote Party, enforceable against it in accordance with their respective terms, and such Obligor Note Party has no valid defense to the enforcement of such Obligations, (d) Agent and Lenders Holder are and will be entitled to the rights, remedies and benefits provided for under the Loan Agreement Note and the other Loan Notes Documents and applicable law and (e) each Obligor such Note Party shall comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Loan Agreement Note or any of the other Loan Notes Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of any Obligor Note Party set forth in the Loan Agreement Note or the other Loan Notes Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults. SECTION 3.

Appears in 1 contract

Samples: Forbearance Agreement (MariaDB PLC)

Binding Effect of Documents. Each Obligor Issuer hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document, (b) each of the Loan Agreement Purchase Agreement, the Note and the other Loan Documents to which it is a party has been duly executed and delivered to Agent Purchaser by such ObligorBorrower, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto, (c) the agreements and obligations of such Obligor Borrower contained in such documents and in this Agreement constitute the legal, valid and binding Secured Obligations of such ObligorBorrower, enforceable against it in accordance with their respective terms, and such Obligor Borrower has no valid defense to the enforcement of such Secured Obligations, (d) Agent and Lenders are Purchaser is and will be entitled to the rights, remedies and benefits provided for under the Loan Purchase Agreement and the other Loan Documents and applicable law and (e) each Obligor Borrower shall comply with all limitations, restrictions or prohibitions that would otherwise be effective or applicable under the Loan Purchase Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of any Obligor Borrower set forth in the Loan Purchase Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Specified Defaults.

Appears in 1 contract

Samples: Securities Purchase Agreement (Appreciate Holdings, Inc.)

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