Common use of General Acknowledgment Clause in Contracts

General Acknowledgment. Borrower acknowledges and agrees to the following: (a) Borrower hereby acknowledges the accuracy of the representations set forth in the Recitals and Stipulations of this Agreement; (b) Neither this Agreement nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of any of the Loan Documents, or any rights or obligations thereunder, or a waiver by Lender of any of its rights under the Loan Documents or at law or in equity; (c) Neither this Agreement nor any other agreement executed in connection herewith pursuant to the terms hereof, nor any actions taken pursuant to this Agreement or such other agreement shall be deemed to cure any Event of Default which may exist under the Loan Documents, or to be a waiver by Lender of any Event of Default under the Loan Documents, or of any rights or remedies in connection therewith or with respect hereto, evidencing the parties’ intention that Borrower’s obligations under the Loan Documents shall remain in full force and effect; (d) All liens, security interests, rights and remedies granted to Lender for its benefit under the Loan Documents are hereby renewed, confirmed and continued, subject to all senior liens, security interests, rights and remedies held by Fifth Third Bank (“Fifth Third”) and Canal Mezzanine Partners, L.P. (“Canal”; and (e) Borrowers reaffirm the validity, binding effect and enforceability of each of the Loan Documents, as modified by provisions of this Agreement, and acknowledge that Borrower is liable to Lender for the full amount of the principal and interest evidenced by the Loan Documents (as modified hereby), without offset, deduction, claim, counterclaim, defense or recoupment of any kind.

General Acknowledgment. Borrower Company acknowledges and agrees to the following: (a) Borrower Company hereby acknowledges the accuracy of the representations set forth in the Recitals and Stipulations of this AgreementAmendment; (b) Neither this Agreement Amendment nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of any of the Loan Documents, or any rights or obligations thereunder, or except as set forth in Section 2, a waiver by Lender Investor of any of its rights under the Loan Documents or at law or in equity; (c) Neither this Agreement Amendment nor any other agreement executed in connection herewith pursuant to the terms hereof, nor any actions taken pursuant to this Agreement Amendment or such other agreement shall be deemed to cure any Event of Default which may exist under the Loan DocumentsDocuments as of the date hereof, or to be a waiver by Lender Investor of any Event of Default which may exist under the Loan DocumentsDocuments as of the date hereof, or of any rights or remedies in connection therewith or with respect hereto, evidencing the parties’ intention that BorrowerCompany’s obligations under the Loan Documents Documents, as amended hereby, shall remain in full force and effect;; and (d) All liens, security interests, rights and remedies granted to Lender for its benefit under the Loan Documents are hereby renewed, confirmed and continued, subject to all senior liens, security interests, rights and remedies held by Fifth Third Bank (“Fifth Third”) and Canal Mezzanine Partners, L.P. (“Canal”; and (e) Borrowers reaffirm Company reaffirms the validity, binding effect and enforceability of each of the Loan Documents, as modified amended by provisions of this AgreementAmendment, and acknowledge that Borrower Company is liable to Lender Investor for the full amount $500,000, net of the principal and interest payments already made to Investor, as evidenced by the Loan Documents (as modified hereby), without offset, deduction, claim, counterclaim, defense or recoupment of any kind.

General Acknowledgment. Borrower acknowledges Borrowers acknowledge and agrees agree to the following: (a) Borrower Borrowers hereby acknowledges acknowledge the accuracy of the representations set forth in the Recitals and Stipulations of this Agreement; (b) Neither this Agreement nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of any of the Loan Documents, or any rights or obligations thereunder, or a waiver by Lender of any of its rights under the Loan Documents or at law or in equity; (c) Neither this Agreement nor any other agreement executed in connection herewith pursuant to the terms hereof, nor any actions taken pursuant to this Agreement or such other agreement shall be deemed to cure the Existing Defaults and/or Continuing Defaults or any other Event of Default Default, which may exist under the Loan Documents, or to be a waiver by the Lender of the Existing Defaults and/or Continuing Defaults or any other Event of Default under the Loan Documents, or of any rights or remedies in connection therewith or with respect hereto, evidencing the parties’ intention that Borrower’s obligations the Obligations under the Loan Documents shall remain in full force and effect; (d) All liens, security interests, rights and remedies granted to Lender for its benefit under the Loan Documents are hereby renewed, confirmed and continued, subject to all senior liens, security interests, rights and remedies held by Fifth Third Bank (“Fifth Third”) and Canal Mezzanine Partners, L.P. (“Canal”; and (e) The Borrowers reaffirm the validity, binding effect and enforceability of each of the Loan Documents, as modified by provisions of this Agreement, and acknowledge that Borrower is the Borrowers are liable to Lender for the full amount of the principal and interest Indebtedness evidenced by the Loan Documents (as modified hereby), without offset, deduction, claim, counterclaim, defense or recoupment of any kind.