Existing Loan Documents. Except as amended and modified by this Amendment, the Agreement, the Note, the Security Instruments and all other Loan Documents shall remain in full force and effect in accordance with the terms and provisions thereof. Any reference in any of the Loan Documents to the “Amended and Restated Loan Agreement” shall be deemed to be references to the Agreement as amended hereby through the date hereof. In the event of any conflict between this Amendment and the Agreement, this Amendment shall control and the Agreement shall be construed accordingly.
Existing Loan Documents. Copies of all Existing Loan Documents.
Existing Loan Documents. Each Borrower and Guarantor hereby acknowledges, confirms and agrees that as of the date hereof: (i) the Existing Credit Agreement and each of the other Existing Loan Documents were duly executed and delivered by Borrowers and Guarantors and are in full force and effect, (ii) the agreements and obligations of Borrowers and Guarantors contained in the Existing Credit Agreement and the other Existing Loan Documents to which it is a party constitute the legal, valid and binding obligations of such Borrower enforceable against it in accordance with their respective terms, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally, and Borrowers have no valid defense to the enforcement of such obligations except to the extent enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally and (iii) Agent is entitled to all of the rights and remedies provided for in the Existing Credit Agreement and the Existing Loan Documents.
Existing Loan Documents. Unless specifically modified hereby, all terms and provisions of the Loan Agreement and the other Loan Documents shall remain in full force and effect in accordance with their terms and are hereby ratified and confirmed.
Existing Loan Documents. The Agent shall have received (i) a payoff letter (in form and substance reasonable satisfactory to the Agent) with respect to the obligations under the Existing Loan Documents (other than the Existing Letters of Credit) which shall include an agreement or authorization by Chase to file uniform commercial code termination statements with respect to all financing statements filed naming Chase as secured party and naming as debtor either Borrower, a Guarantor or a trade name of the foregoing and (ii) a direction letter from Borrower to satisfy all such obligations with the first advance under this Agreement.
Existing Loan Documents. The Loan Parties hereby acknowledge, confirm and agree that: (a) the Existing Loan Documents have been duly executed and delivered by the Loan Parties and are in full force and effect as of the date hereof and (b) the agreements and obligations of the Loan Parties contained in the Existing Loan Documents constitute the legal, valid and binding obligations of the Loan Parties enforceable against the Loan Parties in accordance with their respective terms, and the Loan Parties have no valid defense to the enforcement of such obligations and (c) Administrative Agent on behalf of the Secured Parties is entitled to all of the rights and remedies provided for in favor of Administrative Agent and the other Secured Parties in the Existing Loan Documents, as amended and restated by this Agreement.
Existing Loan Documents. The Lender shall have received true and complete copies of each of the Existing Loan Documents as in effect on the Closing Date.
Existing Loan Documents. The form and substance of the Existing Loan Documents to be assumed by Buyer on the Closing Date are in the same form as the Existing Loan Documents existing on the Effective Date.
Existing Loan Documents. Each Borrower, Guarantor and Parent hereby acknowledges, confirms and agrees immediately prior to the date hereof: the Existing Credit Agreement and each of the other Existing Loan Documents to which such Borrower, Guarantor and Parent is a party were duly executed and delivered by such Borrower, Guarantor and Parent and are in full force and effect; (ii) the agreements and obligations of Borrowers, Guarantors and Parent contained in the Existing Credit Agreement and the other Existing Loan Documents to which it is a party constitute the legal, valid and binding obligations of such Borrower, Guarantor and Parent and are enforceable against it in accordance with their respective terms and Borrowers, Guarantors and Parent have no valid defense to the enforcement of such obligations, in each case except as otherwise set forth in the Loan Documents. (d)
Existing Loan Documents. Evidence that the First Amended and Restated Credit Agreement dated as of June 2, 2006, among the Borrower, various financial institutions and The Bank of New York Mellon as administrative agent, has been terminated and all amounts payable thereunder (other than contingent indemnity obligations) have been paid in full. The Administrative Agent shall notify each of the Borrower and the Credit Parties of the Effective Date, and each such notice shall be conclusive and binding.
