Common use of CONTINUING VALIDITY Clause in Contracts

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's agreement to modifications to the existing Indebtedness pursuant to this Agreement in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.

Appears in 4 contracts

Samples: Loan Modification Agreement (Relm Wireless Corp), Loan Modification Agreement (Witness Systems Inc), Loan Modification Agreement (Relm Wireless Corp)

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CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness pursuant to this Agreement in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.

Appears in 4 contracts

Samples: Ninth Loan Modification Agreement (Witness Systems Inc), Eighth Loan Modification Agreement (Witness Systems Inc), Seventh Loan Modification Agreement (Witness Systems Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessObligations, Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's agreement to modifications to the existing Indebtedness Obligations pursuant to this Agreement in no way shall obligate Lender to make any future modifications to the IndebtednessObligations. Nothing in this Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.

Appears in 4 contracts

Samples: Third Loan Modification Agreement (Ultimate Software Group Inc), Loan Modification Agreement (Daleen Technologies Inc), Second Loan Modification Agreement (Daleen Technologies Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessObligations, Lender Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. LenderBank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Agreement in no way shall obligate Lender Bank to make any future modifications to the IndebtednessObligations. Nothing in this Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.

Appears in 3 contracts

Samples: Loan Modification Agreement (General Magic Inc), Loan Modification Agreement (Callidus Software Inc), Loan Modification Agreement (General Magic Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness pursuant to this Agreement Amendment in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Agreement Amendment shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this AgreementAmendment. The terms of this paragraph apply not only to this AgreementAmendment, but also to all any subsequent loan modification agreementsBusiness Financing Agreement modifications.

Appears in 3 contracts

Samples: Business Financing Agreement (Astea International Inc), Business Financing Agreement (ChromaDex Corp.), Business Financing Agreement (ChromaDex Corp.)

CONTINUING VALIDITY. Borrower understands Borrowers understand and agrees agree that in modifying the existing IndebtednessBusiness Financing Agreement, Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness Business Financing Agreement pursuant to this Agreement in no way shall obligate Lender to make any future modifications to the IndebtednessBusiness Financing Agreement. Nothing in this Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement except in accordance with the terms of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all any subsequent loan Business Financing modification agreements.

Appears in 3 contracts

Samples: Fifth Business Financing Modification Agreement (ChromaDex Corp.), Fourth Business Financing Modification Agreement (ChromaDex Corp.), Third Business Financing Modification Agreement (ChromaDex Corp.)

CONTINUING VALIDITY. Borrower Xxxxxxxx understands and agrees that in modifying the existing Indebtedness, Lender Xxxxxx is relying upon Borrower's Xxxxxxxx’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness pursuant to this Agreement Amendment in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Agreement Amendment shall constitute a satisfaction of the Indebtedness. It is the intention of Lender Xxxxxx and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Xxxxxx in writing. No maker, endorser, or guarantor will be released by virtue of this AgreementAmendment. The terms of this paragraph apply not only to this AgreementAmendment, but also to all any subsequent loan modification agreementsBusiness Financing Agreement modifications.

Appears in 2 contracts

Samples: Business Financing Agreement (ChromaDex Corp.), Business Financing Agreement (ChromaDex Corp.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessObligations, Lender Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's Bank’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Agreement in no way shall obligate Lender Bank to make any future modifications to the IndebtednessObligations. Nothing in this Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.

Appears in 2 contracts

Samples: Fifth Loan Modification Agreement (Ultimate Software Group Inc), Seventh Loan Modification Agreement (Ultimate Software Group Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. LenderBank's agreement to modifications to the existing Indebtedness pursuant to this Modification Agreement in no way shall obligate Lender Bank to make any future modifications to the Indebtedness. Nothing in this Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Modification Agreement. The terms of this paragraph apply not only to this Modification Agreement, but also to all any subsequent loan modification agreementsto the Loan and Security Agreement.

Appears in 2 contracts

Samples: Loan and Security Modification Agreement (Winc, Inc.), Loan and Security Modification Agreement (Winc, Inc.)

CONTINUING VALIDITY. Borrower understands Borrowers understand and agrees agree that in modifying the existing Indebtedness, Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness pursuant to this Agreement in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement except in accordance with the terms of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all any subsequent loan Business Financing modification agreements.

Appears in 2 contracts

Samples: Second Business Financing Modification Agreement (ChromaDex Corp.), First Business Financing Modification Agreement (ChromaDex Corp.)

CONTINUING VALIDITY. Each Borrower understands and agrees that in modifying the existing Indebtedness, Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness pursuant to this Agreement in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.. This Agreement is executed as of the date first written above. BORROWERS: MANUGISTICS GROUP, INC. By: Name: Title: MANUGISTICS, INC. By: Name: Title: LENDER: SILICON VALLEY BANK By: Name: Title:

Appears in 1 contract

Samples: Third Loan Modification Agreement (Manugistics Group Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying granting its waiver and consent as provided herein, Agent and the existing Indebtedness, Lender is Lenders are relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Transaction Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Transaction Documents remain unchanged and in full force and effect. Lender's agreement to modifications to the existing Indebtedness The amendments made pursuant to this Agreement in no way shall obligate Agent or any Lender to grant any future waivers or consents or make any future modifications to the Indebtedness. Nothing in this Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender Agent, each Lender, and Borrower to retain as liable parties all makers and endorsers of Existing Loan the Transaction Documents, unless the party is expressly released by Lender Agent and the Lenders in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph Paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Active Network Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness pursuant to this Agreement in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all any subsequent loan modification agreementsBusiness Financing Agreement modifications.

Appears in 1 contract

Samples: Business Financing Agreement (ChromaDex Corp.)

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CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's Bank’s agreement to modifications to the existing Indebtedness pursuant to this Agreement Modification in no way shall obligate Lender Bank to make any future modifications to the Indebtedness. Nothing in this Agreement Modification shall constitute a satisfaction of the Indebtedness. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Bank in writing. No maker, endorser, or guarantor will be released by virtue of this AgreementModification. The terms of this paragraph apply not only to this AgreementModification, but also to all any subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (UserTesting, Inc.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessLoan Agreement, Lender Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan DocumentsAgreement. Except as expressly modified pursuant to this AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's Bank’s agreement to modifications to the existing Indebtedness Loan Agreement pursuant to this Agreement Amendment in no way shall obligate Lender Bank to make any future modifications to the IndebtednessLoan Agreement or any other Loan Document. Nothing in this Agreement Amendment shall constitute a satisfaction of any Indebtedness owing by Borrower to Bank under the IndebtednessLoan Documents. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Bank in writing. No maker, endorser, or guarantor will be released by virtue of this AgreementAmendment. The terms of this paragraph apply not only to this AgreementAmendment, but also to all any subsequent loan modification agreementsamendments.

Appears in 1 contract

Samples: Indenture (GSV Capital Corp.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this AgreementLMA, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's Bank’s agreement to modifications to the existing Indebtedness pursuant to this Agreement LMA in no way shall obligate Lender Bank to make any future modifications to the Indebtedness. Nothing in this Agreement LMA shall constitute a satisfaction of the Indebtedness. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Bank in writing. No maker, endorser, or guarantor will be released by virtue of this AgreementLMA. The terms of this paragraph apply not only to this AgreementLMA, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen Corp)

CONTINUING VALIDITY. Borrower (and each guarantor and pledgor ------------------- signing below) understands and agrees that in modifying the existing Indebtedness, Lender Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. LenderBank's agreement to modifications to the existing Indebtedness pursuant to this Agreement in no way shall obligate Lender Bank to make any future modifications to the Indebtedness. Nothing in this Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan Modification Agreement (Silicon Gaming Inc)

CONTINUING VALIDITY. Each Borrower understands and agrees that in modifying the existing Indebtedness, Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness pursuant to this Agreement in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Agreement. The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.this

Appears in 1 contract

Samples: Loan Agreement (Manugistics Group Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's ’s agreement to modifications to the existing Indebtedness pursuant to this Modification Agreement in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Modification Agreement. The terms of this paragraph apply not only to this Modification Agreement, but also to all any subsequent loan Loan and Security modification agreements.

Appears in 1 contract

Samples: Loan and Security Modification Agreement (Kana Software Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's agreement to modifications to the existing Indebtedness pursuant to this Modification Agreement in no way shall obligate Lender to make any future modifications to the Indebtedness. Nothing in this Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Modification Agreement. The terms of this paragraph apply not only to this Modification Agreement, but also to all any subsequent loan business financing modification agreements.

Appears in 1 contract

Samples: Business Financing Modification Agreement (Biolase, Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessObligations, Lender Bank is relying upon Borrower's ’s representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Lender's Bank’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Agreement Modification in no way shall obligate Lender Bank to make any future modifications to the IndebtednessObligations. Nothing in this Agreement Modification shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Lender Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Lender Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this AgreementModification. The terms of this paragraph apply not only to this AgreementModification, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan Modification Agreement (Kana Software Inc)

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