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

No Further Amendments; Ratification of Liability. Except as amended hereby, the Note Purchase Agreements and the Other Agreements shall remain in full force and effect in accordance with their respective terms. The Company hereby ratifies and confirms its liabilities, obligations and agreements under the Note Purchase Agreements and the Other Agreements, all as amended by this Amendment and acknowledges that (i) it has no defenses, claims or set-offs to the enforcement by Purchasers of such liabilities, obligations and agreements, (ii) Purchasers have fully performed all obligations to the Company which any of them may have had or has on and as of the date hereof and (iii) other than as specifically set forth herein, Purchasers do not waive, diminish or limit any term or condition contained in the Note Purchase Agreements or the Other Agreements. The agreement of Purchasers to the terms of this Amendment or any other amendment of the Note Purchase Agreements shall not be deemed to establish or create a custom or course of dealing between Purchasers and the Company. The Note Purchase Agreements, as amended by this Amendment, contain the entire agreement between Purchasers and the Company with respect to the transactions contemplated thereby.

No Further Amendments; Ratification of Liability. Except as amended ------------------------------------------------ hereby, the Note Purchase Agreements Revolving Credit Agreement and each of the Other Agreements Collateral Documents shall remain in full force and effect in accordance with their respective terms. The Company Borrower hereby ratifies and confirms its liabilities, obligations and agreements under the Note Purchase Agreements Revolving Credit Agreement and the Other AgreementsCollateral Documents, all as amended by this Amendment Amendment, and the liens and security interests created thereby, and acknowledges that (ia) as of the date hereof, it has no defenses, claims or set-offs to the enforcement by Purchasers of such liabilities, obligations and agreements, (iib) Purchasers have the Bank has fully performed all obligations to the Company Borrower which any of them the Bank may have had or has have on and as of the date hereof and (iiic) other than as specifically set forth herein, Purchasers do the Bank does not waive, diminish or limit any term or condition contained in any of the Note Purchase Agreements Revolving Credit Agreement or the Other AgreementsCollateral Documents. The Bank's agreement of Purchasers to the terms of this Amendment or any other amendment of the Note Purchase Agreements Revolving Credit Agreement or Collateral Documents shall not be deemed to establish or create a custom or course of dealing between Purchasers the Borrower and the CompanyBank. The Note Purchase Agreements, as amended by This Amendment and the documents executed and delivered pursuant to this Amendment, Amendment contain the entire agreement between Purchasers the Bank and the Company Borrower with respect to the transactions contemplated therebyby this Amendment.

No Further Amendments; Ratification of Liability. Except as amended hereby, the Note Purchase Agreements Credit Agreement and each of the Other Agreements Related Documents shall remain in full force and effect in accordance with their respective terms. The Company Parent and each Borrower hereby ratifies and confirms its liabilities, obligations and agreements under the Note Purchase Agreements Credit Agreement and the Other AgreementsRelated Documents to which it is a party, all as amended by this Amendment Amendment, and the liens and security interests created thereby, and each acknowledges that (ia) it has no defenses, claims or set-offs to the enforcement by Purchasers of such liabilities, obligations and agreements, (iib) Purchasers have Lender has fully performed all obligations to the Company Borrowers and Parent which any of them it may have had or has have on and as of the date hereof and (iiic) other than as specifically set forth herein, Purchasers do Lender does not waive, diminish or limit any term or condition contained in any of the Note Purchase Agreements Credit Agreement or the Other AgreementsRelated Documents. The Lender's agreement of Purchasers to the terms of this Amendment or any other amendment of the Note Purchase Agreements Credit Agreement or Related Documents shall not be deemed to establish or create a custom or course of dealing between Purchasers among Lender on the one hand, and Parent and Borrowers on the other hand. This Amendment and the Company. The Note Purchase Agreements, as amended by documents executed and delivered pursuant to this Amendment, Amendment contain the entire agreement between Purchasers among Lender, Parent and the Company Borrowers with respect to the transactions contemplated therebyby this Amendment.

No Further Amendments; Ratification of Liability. Except as amended hereby, the Note Purchase Agreements and the Other Agreements Loan Documents shall remain in full force and effect in accordance with their its respective terms. The Company Borrower and each Guarantor hereby ratifies and confirms its liabilities, obligations and agreements under each of the Note Purchase Agreements and the Other AgreementsLoan Documents, all as applicable, each as amended by this Amendment Forbearance, and acknowledges that (i) it has no defensesno, claims or set-offs to the enforcement by Purchasers Lender of such liabilities, obligations and agreements, (ii) Purchasers have Lender has fully performed all obligations to the Company Borrower which any of them it may have had or has on and as of the date hereof and (iii) other than as specifically set forth herein, Purchasers do Lender (A) expressly reserves and preserves all of its rights and remedies under the Loan Documents and (B) does not waive, diminish or limit any term or condition contained in the Note Purchase Agreements or the Other AgreementsLoan Documents. The Lender’s agreement of Purchasers to the terms of this Amendment Forbearance or any other amendment of the Note Purchase Agreements Loan Documents shall not be deemed to establish or create a custom or course of dealing between Purchasers Lender and the CompanyBorrower or Lender and either Guarantor. The Note Purchase AgreementsLoan Documents, as amended by this AmendmentForbearance, contain the entire agreement between Purchasers Lender, Borrower and the Company each Guarantor with respect to the transactions contemplated therebyhereby.

No Further Amendments; Ratification of Liability. Except as amended hereby, the Note Purchase Agreements Existing Loan Agreement and each of the Other Agreements other Loan Documents shall remain in full force and effect in accordance with their respective terms. The Company Borrower hereby ratifies and confirms its liabilities, obligations and agreements under the Note Purchase Agreements Existing Loan Agreement and the Other Agreementsother Loan Documents, all as amended by this Amendment First Amendment, and the Liens created thereby and the guarantees made by Borrower, as applicable, and acknowledges that (i) it has no defenses, claims or set-offs to the enforcement by Purchasers Lender of such liabilities, obligations and agreements, (ii) Purchasers have Lender has fully performed all obligations to the Company Borrower and its Subsidiaries which any of them Lender may have had or has on and as of the date hereof and (iii) other than as specifically set forth herein, Purchasers do Lender does not waive, diminish or limit any term term, condition or condition covenant contained in the Note Purchase Agreements Existing Loan Agreement or any of the Other Agreementsother Loan Documents. The Lender's agreement of Purchasers to the terms of this First Amendment or any other amendment of the Note Purchase Agreements shall not be deemed to establish or create a custom or course of dealing between Purchasers and the Company. The Note Purchase Agreementsamong Lender, as amended by this Amendment, contain the entire agreement between Purchasers and the Company with respect to the transactions contemplated therebyBorrower and/or any of its Subsidiaries.