Certain Acknowledgments and Agreements. Each Subsidiary Loan Party not a party to the Credit Agreement hereby acknowledges the provisions of Section 2.17 of the Credit Agreement and agrees to be bound by such provisions with the same force and effect, and to the same extent, as if such Subsidiary Loan Party were a party to the Credit Agreement.
Certain Acknowledgments and Agreements. (i) We have discussed, and you recognize and acknowledge the competitive and proprietary aspects of the business of the Company.
Certain Acknowledgments and Agreements. (i) You recognize and acknowledge the competitive and proprietary nature of the Company's business operations. You acknowledge and agree that a business will be deemed competitive with the Company if it engages in a line of business in which it performs any of the services, conducts research, or develops, manufactures or sells any products provided or offered by the Company or under development by the Company, or any similar products or products fulfilling the same function, whether or not similar, in the Field of Interest (such business to be referred to as a "competitive business"). The term "
Certain Acknowledgments and Agreements. Each Subsidiary Guarantor hereby acknowledges the provisions of Sections 2.16 and 9.10 of the Credit Agreement and agrees to be bound by such provisions with the same force and effect, and to the same extent, as if such Subsidiary Guarantor were a party to the Credit Agreement. Each Subsidiary Guarantor hereby agrees that the provisions of Section 9.24 of the Credit Agreement shall apply, mutatis mutandis, to such Subsidiary Guarantor and, in furtherance thereof, makes each of the acknowledgements and agreements made in such Section by the Borrower.
Certain Acknowledgments and Agreements. Xxxxxxx recognizes and acknowledges the competitive and proprietary nature of Amedica’s business operations. Xxxxxxx acknowledges and agrees that a business will be deemed competitive with Amedica if it engages in a line of business in which it develops, manufactures or sells any products provided or offered by Amedica or any similar products, or products fulfilling the same function, in the Field of Interest (such business to be referred to as a “Competitive Business”).
Certain Acknowledgments and Agreements. Injunctive Relief with Respect to Covenants; Forum, Venue and Jurisdiction.
Certain Acknowledgments and Agreements. The Borrower expressly acknowledges and agrees that, without limiting any other right of the Administrative Agent or any Lender under any Loan Document, the Administrative Agent shall be permitted to make one or more Protective Advances pursuant to Section 2.13 of the Credit Agreement during the Waiver Period to the same extent that the Administrative Agent would be permitted to do so if the waiver described in Section 1 had not been granted.
Certain Acknowledgments and Agreements. Each Guarantor hereby acknowledges the provisions of Section 4.08 of the Credit Agreement and agrees to be bound by such provisions with the same force and effect, and to the same extent, as if such Guarantor were a party to the Credit Agreement.
Certain Acknowledgments and Agreements. Each of the Parties hereby acknowledge and agree as follows:
Certain Acknowledgments and Agreements. The Company acknowledges that Advanced Equities has been retained solely as a financial advisor to the Company, and not as an agent of the Company or an advisor to or agent of any other person, and that the Company’s engagement of Advanced Equities is as an independent contractor and not in any fiduciary or other capacity. Advanced Equities may, to the extent it deems appropriate, render the services hereunder through one or more of its affiliates. Neither this Engagement, nor the delivery of any advice in connection with this Engagement, is intended to confer rights upon any persons not a party hereto (including security holders, employees and creditors of the Company) as against Advanced Equities or its affiliates or their respective directors, officers, agents and employees. It is expressly understood and agreed that Advanced Equities is not undertaking to provide any advice relating to legal, regulatory, accounting or tax matters. In furtherance thereof, the Company acknowledges and agrees that (a) it and its affiliates have relied and will continue to rely on the advice of its own legal, regulatory, accounting and tax advisors for all matters relating to the Transaction, and all other matters and (b) neither it, nor any of its affiliates, has received, or has relied upon, the advice of Advanced Equities or any of its affiliates regarding matters of law, regulation, accounting or taxation.
