No Merger or Novation. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall operate to extinguish the liability of the Company to pay the moneys hereby secured nor shall the same operate as a merger of any covenant herein contained or of any other Obligation, nor shall the acceptance of any payment or other security constitute or create any novation.
No Merger or Novation. The execution and delivery of this Debenture or of any instruments or documents supplemental hereto shall not operate as a merger of any representation, warranty, term, condition or other provision contained in any other obligation or indebtedness of the Corporation to the Holder.
No Merger or Novation. The taking of any judgment or the exercise of any power of seizure or sale shall not operate to extinguish the liability of the Debtor to perform its obligations hereunder or to pay the Obligations hereby secured, shall not operate as a merger of any covenant herein contained or affect the right of the Vendors to interest in effect from time to time hereunder and the acceptance of any payment or other security shall not constitute or create any novation. The execution and delivery of this Security Agreement or of any instruments or documents supplemental hereto shall not operate as a merger of any representation, warranty, term, condition or other provision contained in any other obligation or indebtedness of the Debtor to the Vendors.
No Merger or Novation. Neither the taking of any judgment under a covenant contained in any of the Loan Documents or otherwise, nor the exercise of any power of appointment, seizure, sale or otherwise pursuant to any of the Loan Documents or otherwise, will operate to extinguish the obligation of the Borrower to pay any of the Indebtedness or as a merger of any covenant contained in any of the Loan Documents or otherwise, and the acceptance of any payment or alternate security by or on behalf of the Lender will not constitute or create a novation.
No Merger or Novation. This Agreement shall not operate so as to create any merger or discharge of any of the Liabilities, or any assignment, transfer, guarantee, lien, contract, promissory note, xxxx of exchange or security interest of any form held or which may hereafter be held by the Secured Party from the Debtor or from any other person whomsoever. The taking of a judgment with respect to any of the Liabilities will not operate as a merger of any of the covenants contained in this Agreement.
No Merger or Novation. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall operate to extinguish the liability of the Corporation to pay the monies secured, nor shall the same operate as a merger of any covenant or affect the right of the Holder to interest at the specified rate, nor shall the acceptance of any payment or other security constitute or create any novation, and it is further agreed that the taking of a judgment under any covenant shall not operate as a merger of such covenant in the judgment or affect the Holder's right to interest.
No Merger or Novation. Save as expressly amended by this Agreement, the terms of the Notes remain unamended and in full force and effect and are hereby ratified and affirmed. All Transaction Documents and obligations of the Company thereunder remain in full force and effect, there being no novation or merger of the Notes, the other Transaction Documents or such obligations.
No Merger or Novation. All guarantees and Security provided to an Agent and/or the Lenders prior to the date hereof in connection with the Original Credit Agreement, the First Amended and Restated Credit Agreement, the Second Amended and Restated Credit Agreement, the Third Amended and Restated Credit Agreement or the indebtedness of the Borrowers thereunder remain in full force and effect with respect to this Fourth Amended and Restated Credit Agreement, as amended, modified or supplemented from time to time, there being no novation or merger hereby of the Original Credit Agreement, the First Amended and Restated Credit Agreement, the Second Amended and Restated Credit Agreement, the Third Amended and Restated Credit Agreement such guarantees or the Security.
No Merger or Novation. All guarantees and Security provided to an Agent and/or the Lenders prior to the date hereof in connection with the Original Credit Agreement, the First Amended and Restated Credit Agreement, the Second Amended and Restated Credit Agreement or the indebtedness of the Borrowers thereunder remain in full force and effect with respect to this Third Amended and Restated Credit Agreement, as amended, modified or supplemented from time to time, there being no novation or merger hereby of the Original Credit Agreement, the First Amended and Restated Credit Agreement, the Second Amended and Restated Credit Agreement, such guarantees or the Security.
No Merger or Novation. All guarantees and Security provided to an Agent and/or the Lenders prior to the date hereof in connection with the Original Credit Agreement, the First Amended and Restated Credit Agreement, the Second Amended and Restated Credit Agreement, the Third Amended and Restated Credit Agreement, the Fourth Amended and Restated Credit Agreement, the Fifth Amended and Restated Credit Agreement or the indebtedness of the Borrowers thereunder remain in full force and effect with respect to this Sixth Amended and Restated Credit Agreement, as amended, modified or supplemented from time to time, there being no novation or merger hereby of the Original Credit Agreement, the First Amended and Restated Credit Agreement, the Second Amended and Restated Credit Agreement, the Third Amended and Restated Credit Agreement the Fourth Amended and Restated Credit Agreement, the Fifth Amended and Restated Credit Agreement such guarantees or the Security.
