Future Negotiations. The parties hereto acknowledge and agree that (A) the Secured Parties have not agreed to and have no future obligation whatsoever to discuss, negotiate or agree to any restructuring of the Borrowers' obligations with respect to the Loan Documents, or any of them, or any modification, amendment, restructuring or reinstatement of the Loan Documents or, except as expressly provided in this Agreement, to forbear from exercising its rights and remedies under the Loan Documents, (B) if there are any future discussions among the Secured Parties and the Borrowers concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Borrowers' obligations with respect to the Loan Documents, or any of them, or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of all parties, and that none of the parties hereto shall assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section 8.
Appears in 1 contract
Future Negotiations. The parties hereto acknowledge and agree that (A) the Secured Parties Lenders and Agent have not agreed to and have no future obligation whatsoever to discuss, negotiate or agree to any restructuring of the Borrowers' ’ obligations with respect to (i) the MELF Loans, (ii) the PIDC Loans, (iii) the Navy Yard Lease (as defined in the Credit Agreement), or (iv) the Loans and the Loan Documents, or any of them, or any modification, amendment, restructuring or reinstatement of the Loan Documents or, except as expressly provided in this Agreement, (including any future postponement of any Commitment reduction) or to forbear from exercising its their rights and remedies under the Loan Documents, (B) if there are any future discussions among any of the Secured Parties Lenders, Agent, MELF, PIDC, Liberty, Liberty II and the Borrowers concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Borrowers' ’ obligations with respect to the Loan Documents, or any of them, or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of all parties, and that none of the parties hereto shall assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section 813.
Appears in 1 contract
Sources: Credit Agreement (Tasty Baking Co)
Future Negotiations. The parties hereto acknowledge and agree that (A) the Secured Parties Investors have not agreed to and have has no future obligation whatsoever to discuss, negotiate or agree to any restructuring of the BorrowersCompanies' obligations with respect to the Loan Purchase Agreement, the Notes (including, without limitation, the Additional Notes), the other Transaction Documents, or any of them, or any modification, amendment, restructuring or reinstatement of the Loan Documents such agreements or, except as expressly provided in this Agreement, to forbear from exercising its rights and remedies under the Loan Documentssuch agreements or otherwise, and (B) if there are any future discussions among the Secured Parties Investors and the Borrowers Companies concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to obligations under the Borrowers' obligations with respect to Purchase Agreement, the Loan Notes (including, without limitation, the Additional Notes), the other Transaction Documents, or any of them, or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of all parties, Investors and that none of the parties hereto shall assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section 8Section.
Appears in 1 contract
Sources: Second Amendment and Forbearance Agreement (Evergreen Energy Inc)
Future Negotiations. The parties hereto acknowledge and agree that (A) the Secured Parties have not agreed to and have no future obligation whatsoever to discuss, negotiate or agree to any restructuring of the Borrowers' obligations with respect to the Loan Documents, the other Senior Credit Documents or any of them, or any modification, amendment, restructuring or reinstatement of the Loan Senior Credit Documents or, except as expressly provided in this Forbearance Agreement, to forbear from exercising its rights and remedies under the Loan Senior Credit Documents, (B) if there are any future discussions among the Secured Parties and the Borrowers concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Borrowers' obligations with respect to the Loan Documents or other Senior Credit Documents, or any of them, or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of all parties, and that none of the parties hereto shall assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section 89.
Appears in 1 contract
Sources: Forbearance Agreement (Genesis Health Ventures Inc /Pa)
Future Negotiations. The parties hereto acknowledge and agree that (A) the Secured Parties Lenders and Agent have not agreed to and have no future obligation whatsoever to discuss, negotiate or agree to any restructuring of the Borrowers' ’ obligations with respect to (i) the MELF Loans, (ii) the PIDC Loans, (iii) the Bakery Lease , the Improvement Agreement or the Office Lease, (iv) the New Loans, or (v) the Loans and the Loan Documents, or any of them, or any modification, amendment, restructuring or reinstatement of the Loan Documents or, except as expressly provided in this Agreement, to forbear (including any future postponement of any Commitment reduction) or forbearing from exercising its their rights and remedies under the Loan Documents, (B) if there are any future discussions among any of the Secured Parties Lenders, Agent, MELF, PIDC, Liberty, Liberty II, one or more New Lenders, and the Borrowers concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Borrowers' ’ obligations with respect to the Loan Documents, or any of them, or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of all parties, and that none of the parties hereto shall assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section 812.
Appears in 1 contract
Sources: Credit Agreement (Tasty Baking Co)
Future Negotiations. The parties hereto acknowledge and agree that (A) the Secured Parties have Lender has not agreed to and have has no future obligation whatsoever to discuss, negotiate or agree to any restructuring of the BorrowersBorrower and Guarantors' obligations with respect to the Loan Documents, Documents or any of them, or any modification, amendment, restructuring or reinstatement of the Loan Documents or, except as expressly provided in this Agreement, or to forbear from exercising its rights and remedies under the Loan Documents, except as expressly provided in this Agreement; (B) that if there are any future discussions among the Secured Parties Lender and the Borrowers Borrower and Guarantors concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the BorrowersBorrower and Guarantors' obligations with respect to the Loan Documents, or any of them, or any aspect thereof, shall constitute a legally binding agreement or contract contradict or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of all parties, and that none of the parties hereto shall assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section 87.12.
Appears in 1 contract
Sources: Forbearance Agreement (EVCI Career Colleges Holding Corp)