Common use of NOT A NOVATION Clause in Contracts

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Industries, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim CFO Printed Name Title Date Signed: 10/25/05 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/05

Appears in 2 contracts

Samples: Credit Agreement (Cavco Industries Inc), Credit Agreement (Cavco Industries Inc)

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NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesSyntel, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxx Xxxxxx Interim CFO Xxxxx, Chairman/CEO Printed Name Title Date Signed: 10/25/05 August 24, 2007 By: /s/ X. X. Xxxxxx X. X. Xxxxxx, SVP, Fin Printed Name Title Date Signed: 08-24-2007 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Carlton Faisum Carlton Faisum SVP Printed Name Title Date Signed: 10/25/05Title

Appears in 1 contract

Samples: Credit Agreement (Syntel Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesSyntel, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim CFO Bxxxxx Xxxxx Bxxxxx Xxxxx CEO Printed Name Title Date Signed: 10/25/05 Bank: JPMorgan Chase Bank, N.A. 08-04-06 By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/05R.X. Xxxxxx

Appears in 1 contract

Samples: Credit Agreement (Syntel Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Flexsteel Industries, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, VP & CFO Printed Name Title Date Signed: 10/25/05 January 4, 2006 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx Xxxx X. Xxxxxxxx Sxxxxx Xxxxxxx Xxxx X. Xxxxxxxx Senior Vice President Xxxxxxx, VP Printed Name Title Date Signed: 10/25/05January 5, 2006 Note Modification Agreement This agreement is dated as of December 23, 2005 (the “Agreement Date”), by and between Flexsteel Industries, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A., as successor by merger to Bank One, NA, (the “Bank”). The provisions of this agreement are effective on December 9, 2005 (the “Effective Date”).

Appears in 1 contract

Samples: Note Modification Agreement (Flexsteel Industries Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Industries, Hxxxxx Interactive Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Rxxxxx X. Xxxxxxxx CFO Printed Name Authorized Signer Title Date Signed: 10/25/05 July 20, 2007 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Jxxxx Xxxxxxxxxx Jxxxx Xxxxxxxxxx VP Printed Name Title Date Signed: 10/25/05July 23, 2007

Appears in 1 contract

Samples: Credit Agreement (Harris Interactive Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Industries, Inc. Park National Corporation By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Jxxx X. Xxxxx Jxxx X. Xxxxx Senior VP and CFO Printed Name Title Date Signed: 10/25/05 January 10, 2008 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Cxxxx Xxxxxxxx Sxxxxx X. Cxxxx Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/05January 10, 2008 EXHIBIT A to Credit Agreement between Park National Corporation (the “Borrower”) and JPMorgan Chase Bank, N.A. (the “Bank”) dated as of March 12, 2007, as same may be amended, restated and supplemented in writing. REPORTING REQUIREMENTS, FINANCIAL COVENANTS AND COMPLIANCE CERTIFICATE FOR CURRENT REPORTING PERIOD ENDING , 200__ (“END DATE”)

Appears in 1 contract

Samples: Credit Agreement (Park National Corp /Oh/)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OR PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Borrower: Cavco IndustriesXxxx Security Products, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim CFO Xxxxxxx X. Xxxxxxxx Xxxxxxx X. Xxxxxxxx Treasurer Printed Name Title Date Signed: 10/25/05 12/06/05 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx Xxxx X. Xxxxxxxx Sxxxxx Xxxxxx Xxxx X. Xxxxxxxx Xxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/0512/20/05

Appears in 1 contract

Samples: Credit Agreement (Mace Security International Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Flexsteel Industries, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, CFO Printed Name Title Date Signed: 10/25/05 December 29, 2005 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx Xxxxxx X. Xxxxxxxx Sxxxxx XxXxxxxx Xxxxxx X. Xxxxxxxx Senior Vice President XxXxxxxx, SVP Printed Name Title Date Signed: 10/25/05December 30, 2005 Amendment to Credit Agreement This agreement is dated as of August 19, 2005, by and between Flexsteel Industries, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A., as successor by merger to Bank One, NA, (the “Bank”), and its successors and assigns. The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the “Effective Date”).

Appears in 1 contract

Samples: Note Modification Agreement (Flexsteel Industries Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Industries, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Sxxx X. Xxxxx SXXX X. XXXXX CFO Printed Name Title Date Signed: 10/25/05 11/15/04 Bank: JPMorgan Chase BankBank One, N.A. NA, with its main office in Chicago, IL By: /s/ Sxxxxx Sxxxx X. Xxxxxxxx Sxxxxx Xxxxx SXXXX X. Xxxxxxxx Senior Vice President XXXXX VP Printed Name Title Date Signed: 10/25/0511/22/04

Appears in 1 contract

Samples: Credit Agreement (Cavco Industries Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesTASER International, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim X. Xxxxxxxx DXXXXX X. XXXXXXXX CFO Printed Name Title Date Signed: 10/25/05 November 1, 2006 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx SXXXXX X. Xxxxxxxx Senior Vice President XXXXXXXX SVP Printed Name Title Date Signed: 10/25/05November 1, 2006

Appears in 1 contract

Samples: Credit Agreement (Taser International Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesWesBanco, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Rxxxxx X. Xxxxx Rxxxxx X. Xxxxx EVP-CFO Printed Name Title Date Signed: 10/25/05 June 22, 2007 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Jxxxxxxx Xxxxxxxxxx Jxxxxxxx Xxxxxxxxxx Printed Name Title Date Signed: 10/25/05June 25, 2007 Bxxxxx Xxxxxxx \ OH00002000068397 801731290000 Modified by Middle Market Legal – West\rln

Appears in 1 contract

Samples: Credit Agreement (Wesbanco Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Industries, Xxxxxx Interactive Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim CFO Printed Name Title Date SignedX. Xxxxxxxx Title: 10/25/05 Date: EVP and Chief Financial Officer March 29, 2007 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Xxxxx Xxxxxxxxxx Title: Date: Vice President Printed Name Title Date Signed: 10/25/05April 3, 2007

Appears in 1 contract

Samples: Credit Agreement (Harris Interactive Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesSyntel, Inc. By: /s/ Dxxxxx X. X. Xxxxxx Dxxxxx --------------------------------------- R. S. Xxxxxx Interim CFO Xx. Director, Treasury Printed Name Title Date Signed: 10/25/05 08.30.2003 Bank: JPMorgan Chase BankBank One, N.A. NA, with its main office in Chicago, IL By: /s/ Sxxxxx Xxxxx X. Xxxxxxxx Sxxxxx Xxxxxx --------------------------------------- Xxxxx X. Xxxxxxxx Senior Xxxxxx Vice President Printed Name Title Date Signed: 10/25/0508.29.2003

Appears in 1 contract

Samples: Credit Agreement (Syntel Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesSyntel, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxx Xxxxxx Interim CFO Xxxxx, CEO Printed Name Title Date Signed: 10/25/05 August 31, 2008 By: /s/ X. X. Xxxxxx X. X. Xxxxxx, SVP, Finance Printed Name Title Date Signed: August 31, 2008 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxxx VP Printed Name Title Date Signed: 10/25/05October 1, 2008

Appears in 1 contract

Samples: Credit Agreement (Syntel Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. BorrowerTHIS AGREEMENT REPRESENTS THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OR PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Borrower : Cavco Industries0000 Xxxxxxxx Xx., Inc. Ste. 100 Heeling Sports Limited Xxxxxxxxxx, XX 00000 By: Heeling Managment Corp General Partner By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Xxxxxxx X. Hessung Xxxxxxx X. Hessung CFO Printed Name Title Date Signed: 10/25/05 2/7/07 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/05J. Xxxxxxx Xxxxxxxxx

Appears in 1 contract

Samples: Credit Agreement (Heelys, Inc.)

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NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Flexsteel Industries, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, VP & CFO Printed Name Title Date Signed: 10/25/05 May 26, 2006 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx Xxxx X. Xxxxxxxx Sxxxxx Xxxxxxx Xxxx X. Xxxxxxxx Senior Vice President Xxxxxxx, VP Printed Name Title Date Signed: 10/25/05May 30, 2006 Note Modification Agreement This agreement is dated as of January 3, 2006 (the “Agreement Date”), by and between Flexsteel Industries, Inc. (the “Borrower”) and JPMorgan Chase Bank, N.A. as successor by merger to Bank One, NA (the “Bank”). The provisions of this agreement are effective on the date that this agreement has been executed by all of the signers and delivered to the Bank (the “Effective Date”).

Appears in 1 contract

Samples: Note Modification Agreement (Flexsteel Industries Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OR PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. Borrower: Cavco Industries, Inc. SHARPS COMPLIANCE CORP. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim ---------------------------------------------------- David P. Tusa Executive Vice President and CFO ---------------------------------------------------- Printed Name Title Date Signed: 10/25/05 -------------------------------------------- Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/05:

Appears in 1 contract

Samples: Credit Agreement (Sharps Compliance Corp)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesMace Security International, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim CFO Gregory M. Krzemien ----------------------- Gregory M. Xxxxxxxx Xxxxxurer ----------------------------------- Xxxnted Name Title Date Signed: 5/3/04 Bank: Bank One, N.A., with its main office in Chicago, IL By: /s/ Mark W. Warren ------------------ Mark W. Warren Firxx Xxxx-Xxxxxxent --------------------------------------- Printed Name Title Date Signed: 10/25/05 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/055/4/04

Appears in 1 contract

Samples: Credit Agreement (Mace Security International Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Industries, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Sxxx X. Xxxxx Sxxx X. Xxxxx V.P. & CFO Printed Name Title Date Signed: 10/25/05 October 22, 2004 Bank: JPMorgan Chase BankBank One, N.A. NA, with its main office in Chicago, IL By: /s/ Sxxxxx Sxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/05Xxxxx

Appears in 1 contract

Samples: Credit Agreement (Cavco Industries Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesARI Network Services, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim CFO Xxxxx Xxxxxxx Xxxxx Xxxxxxx Chief Executive Officer Printed Name Title Date Signed: 10/25/05 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/05:

Appears in 1 contract

Samples: Credit Agreement (Ari Network Services Inc /Wi)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco Flexsteel Industries, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim CFO Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx VP Finance, CFO, Secretary Printed Name Title Date Signed: 10/25/05 6/26/08 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx Xxxx X. Xxxxxxxx Sxxxxx Xxxxxxx Xxxx X. Xxxxxxxx Senior Xxxxxxx Vice President Printed Name Title Date Signed: 10/25/056/26/08

Appears in 1 contract

Samples: Credit Agreement (Flexsteel Industries Inc)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesARI Network Services, Inc. By: /s/ Dxxxxx Txxxxxx Xxxxxxxx Txxxxxx Xxxxxxxx VP Finance, CFO Printed Name Tille Date Signed: 2/7/05; Bank: JX Xxxxxx Dxxxxx Cxxxx/Bank, N.A. By: /s/ Jxx X. Xxxxxx Interim CFO Jxx X. Xxxxxx VP Printed Name Title Date Signed: 10/25/05 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx X. Xxxxxxxx Sxxxxx X. Xxxxxxxx Senior Vice President Printed Name Title Date Signed: 10/25/057/8/05

Appears in 1 contract

Samples: Credit Agreement (Ari Network Services Inc /Wi)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesARI Network Services, Inc. By: /s/ Dxxxxx Xxxxxx Dxxxxx Xxxxxx Interim Txxxxxx Xxxxxxxx Txxxxxx Xxxxxxxx CFO Printed Name Title Date Signed: 10/25/05 5/11/07 Bank: JPMorgan Chase Bank, N.A. By: /s/ Sxxxxx Axxxxxx X. Xxxxxxxx Sxxxxx Xxxxxxx Axxxxxx X. Xxxxxxxx Senior Vice President Xxxxxxx Printed Name Title Date Signed: 10/25/055/18/07

Appears in 1 contract

Samples: To Credit Agreement (Ari Network Services Inc /Wi)

NOT A NOVATION. This agreement is a modification only and not a novation. Except for the above-quoted modification(s), the Credit Agreement, any loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, instruments or documents executed in connection with the Credit Agreement, and all the terms and conditions thereof, shall be and remain in full force and effect with the changes herein deemed to be incorporated therein. This agreement is to be considered attached to the Credit Agreement and made a part thereof. This agreement shall not release or affect the liability of any guarantor of any promissory note or credit facility executed in reference to the Credit Agreement or release any owner of collateral granted as security for the Credit Agreement. The validity, priority and enforceability of the Credit Agreement shall not be impaired hereby. To the extent that any provision of this agreement conflicts with any term or condition set forth in the Credit Agreement, or any document executed in conjunction therewith, the provisions of this agreement shall supersede and control. The Bank expressly reserves all rights against all parties to the Credit Agreement. Borrower: Cavco IndustriesSyntel, Inc. By: /s/ Dxxxxx //S// Xxxxxx Dxxxxx Xxxxx Xxxxxx Interim CFO Xxxxx CEO Printed Name Title //S// X. X. Xxxxxx X.X. Xxxxxx Vice President, Finance and Corporate Services Date Signed: 10/25/05 August 29, 2004 Bank: JPMorgan Chase BankBank One, N.A. NA, with its main office in Chicago, IL By: /s/ Sxxxxx /S/Xxxxx X. Xxxxxxxx Sxxxxx Xxxxxx ------------------------------- Xxxxx X. Xxxxxxxx Senior Xxxxxx Vice President Printed Name Title Date Signed: 10/25/05September 7, 2004

Appears in 1 contract

Samples: Credit Agreement (Syntel Inc)

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