Common use of No Further Amendments; Ratification of Liability Clause in Contracts

No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Agreement and each of the other Transaction Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Agreement and the other Transaction Documents, all as amended by this Amendment and the liens and security interests granted, created and perfected thereby. The Lenders’ agreement to the terms of this Amendment or any other amendment of the Facility Agreement or any other Transaction Document shall not be deemed to establish or create a custom or course of dealing among Borrower and Lenders. This Amendment, together with the other Transaction Documents, contains the entire agreement among Borrower and Lenders contemplated by this Amendment.

Appears in 2 contracts

Samples: Facility Agreement (Discovery Laboratories Inc /De/), Facility Agreement (Discovery Laboratories Inc /De/)

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No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Agreement and each of the other Transaction Loan Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Agreement and the other Transaction Loan Documents, all as amended by this Amendment and the liens and security interests granted, created and perfected thereby. The Lenders’ agreement to the terms of this Amendment or any other amendment of the Facility Agreement or any other Transaction Loan Document shall not be deemed to establish or create a custom or course of dealing among Borrower and Lenders. This Amendment, together with the other Transaction Loan Documents, contains the entire agreement among Borrower and Lenders contemplated by this Amendment.

Appears in 2 contracts

Samples: Facility Agreement (Alphatec Holdings, Inc.), Facility Agreement (Alphatec Holdings, Inc.)

No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Agreement and each of the other Transaction Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Agreement and the other Transaction Documents, all as amended by this Amendment Amendment, and the liens and security interests granted, created and perfected thereby. The LendersPurchasers’ agreement to the terms of this Amendment or any other amendment of the Facility Agreement or any other Transaction Document shall not be deemed to establish or create a custom or course of dealing among Borrower and LendersBorrower, Purchasers, Assignees, or any of them. This Amendment, together with the other Transaction Documents, contains the entire agreement among Borrower and Lenders Purchasers contemplated by this Amendment.

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement (Mannkind Corp)

No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Agreement and each of the other Transaction Loan Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower Each Credit Party as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Agreement and the other Transaction Loan Documents, all as amended by this Amendment Amendment, and the liens and security interests granted, created and perfected thereby. The Lenders’ agreement to the terms of this Amendment or any other amendment of the Facility Agreement or any other Transaction Loan Document shall not be deemed to establish or create a custom or course of dealing among Borrower Credit Parties and Lenders. This Amendment, together with the other Transaction Loan Documents, contains the entire agreement among Borrower the Credit Parties and Lenders contemplated by this Amendment.

Appears in 1 contract

Samples: Facility Agreement (Aralez Pharmaceuticals Inc.)

No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Loan Agreement and each of the other Transaction Loan Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower Each Borrower, as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it a Borrower has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Loan Agreement and the other Transaction DocumentsLoan Documents to the extent such Person is a party thereto, all as amended by this Amendment Amendment, and the liens and security interests granted, created and perfected thereby. The Lenders’ Lender’s agreement to the terms of this Amendment or any other amendment of the Facility Loan Agreement or any other Transaction Loan Document shall not be deemed to establish or create a custom or course of dealing among Borrower between Borrowers and LendersLender. This Amendment, together with the other Transaction Documents, Amendment contains the entire agreement among Borrower the Borrowers and Lenders Lender contemplated by this Amendment.

Appears in 1 contract

Samples: Credit and Security Agreement (Wells Gardner Electronics Corp)

No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Agreement and each of the other Transaction Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Agreement and the other Transaction Documents, all as amended by this Amendment Amendment, and the liens and security interests granted, created and perfected thereby. The LendersPurchasers’ agreement to the terms of this Amendment or any other amendment of the Facility Agreement or any other Transaction Document shall not be deemed to establish or create a custom or course of dealing among Borrower and LendersBorrower, Purchasers, Assignees, or any of them. This Amendment, together with the other Transaction Documents, contains the entire agreement among Borrower Borrower, and Lenders Purchasers contemplated by this Amendment.

Appears in 1 contract

Samples: Facility Agreement (Mannkind Corp)

No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Loan Agreement and each of the other Transaction Loan Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Loan Agreement and the other Transaction Loan Documents, all as amended as of the Effective Date by this Amendment and the liens and security interests granted, created and perfected thereby. The Agent’s and Lenders’ agreement to the terms of this Amendment or any other amendment of the Facility Loan Agreement or any other Transaction Loan Document shall not be deemed to establish or create a custom or course of dealing among Borrower and Lenders. This Amendment, together with the other Transaction Loan Documents, contains the entire agreement among Borrower Borrower, Agent and Lenders contemplated by this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Nuo Therapeutics, Inc.)

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No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Purchase Agreement and each of the other Transaction Financing Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifiesratify, confirms and reaffirms its liabilities, its their payment and performance obligations (contingent or otherwise) and its their agreements under the Facility Purchase Agreement and the other Transaction DocumentsFinancing Documents to the extent such Person is a party thereto, all as amended by this Amendment Amendment, and the liens and security interests granted, created and perfected thereby. The LendersPurchasers’ and Assignees’ agreement to the terms of this Amendment or any other amendment of the Facility Purchase Agreement or any other Transaction Financing Document shall not be deemed to establish or create a custom or course of dealing among Borrower and LendersBorrower, Purchasers, Assignees, or any of them. This Amendment, together with the Warrants and the Registration Rights Agreement and the other Transaction Financing Documents, contains the entire agreement among Borrower Borrower, Purchasers and Lenders Assignees contemplated by this Amendment.

Appears in 1 contract

Samples: Note Purchase Agreement (Exelixis, Inc.)

No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Agreement and each of the other Transaction Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantorguarantor under the Transaction Documents, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Agreement and the other Transaction Documents, all as amended by this Amendment Amendment, and the liens and security interests granted, created and perfected thereby. The Lenders’ agreement to the terms of this Amendment or any other amendment of the Facility Agreement or any other Transaction Document shall not be deemed to establish or create a custom or course of dealing among Borrower and Lenders. This Amendment, together with the other Transaction Documents, contains the entire agreement among Borrower and Lenders contemplated by this Amendment. The breach by Borrower of any representation, warranty, covenant or agreement in this Amendment shall constitute an Event of Default.

Appears in 1 contract

Samples: Facility Agreement (Pacific Biosciences of California, Inc.)

No Further Amendments; Ratification of Liability. Except as amended hereby, the Facility Agreement and each of the other Transaction Loan Documents shall remain unchanged and in full force and effect in accordance with their respective terms. Borrower as a debtor, grantor, pledgor, guarantor or assignor, or in any similar capacity in which it has granted Liens or acted as an accommodation party or guarantor, as the case may be, hereby ratifies, confirms and reaffirms its liabilities, its payment and performance obligations (contingent or otherwise) and its agreements under the Facility Agreement and the other Transaction Loan Documents, all as amended by this Amendment Amendment, and the liens and security interests granted, created and perfected thereby. The Lenders’ agreement to the terms of this Amendment or any other amendment of the Facility Agreement or any other Transaction Loan Document shall not be deemed to establish or create a custom or course of dealing among Borrower and Borrower, Lenders, assignees, or any of them. This Amendment, together with the other Transaction Loan Documents, contains the entire agreement among Borrower and Lenders contemplated by this Amendment.

Appears in 1 contract

Samples: Facility Agreement and Registration Rights Agreement (Cytomedix Inc)

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