Common use of Other Terms Unchanged Clause in Contracts

Other Terms Unchanged. The Notes, as amended by this Amendment, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes after the date of this Amendment is deemed to be a reference to such Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and either Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender under the Notes, as in effect prior to the date hereof.

Other Terms Unchanged. The NotesNote, as amended by this Amendment, remains and the other Transaction Documents remain and continue continues in full force and effect, constitute constitutes legal, valid, and binding obligations of each of the parties, and are is in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes Note after the date of this Amendment is deemed to be a reference to such the Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and either the Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender Holder under the NotesNote, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Other Terms Unchanged. The NotesPurchase Agreement, as amended by this Amendment, the Note, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes Purchase Agreement after the date of this Amendment is deemed to be a reference to such Note Purchase Agreement as amended by this Amendment. If there is a conflict between the terms of this Amendment and either Noteany Purchase Agreement, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower Company acknowledges that it is unconditionally obligated to pay the remaining balance of each the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender Investor under the NotesPurchase Agreement, as in effect prior to the date hereof.

Other Terms Unchanged. The Notes, as amended by the First Amendment and this Second Amendment, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any either of the Notes after the date of this Second Amendment is deemed to be a reference to such Note as amended by the First Amendment and this Second Amendment. If there is a conflict between the terms of this Second Amendment and either any Note, the terms of this Second Amendment shall control. No forbearance or waiver may be implied by this Second Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Second Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender under the Notes, as in effect prior to the date hereof.

Other Terms Unchanged. The NotesTransaction Documents, as amended by this Amendment, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes Transaction Documents after the date of this Amendment is deemed to be a reference to such Note the Transaction Documents as amended by this Amendment. If there is a conflict between the terms of this Amendment and either Notethe Transaction Documents, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender under the NotesTransaction Documents, as in effect prior to the date hereof.

Other Terms Unchanged. The NotesPurchase Agreements, as amended by this Amendment, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes Purchase Agreements after the date of this Amendment is deemed to be a reference to such Note Purchase Agreement as amended by this Amendment. If there is a conflict between the terms of this Amendment and either Noteany Purchase Agreement, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower Company acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender Investor under the NotesPurchase Agreements, as in effect prior to the date hereof.

Other Terms Unchanged. The NotesNote, as amended by this Amendment, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes Note after the date of this Amendment is deemed to be a reference to such Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and either Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender under the NotesNote, as in effect prior to the date hereof.

Other Terms Unchanged. The NotesTransaction Documents, as amended by this Amendment, remains and the other Transaction Documents remain and continue continues in full force and effect, constitute constitutes legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes Note or the Purchase Agreement after the date of this Amendment is deemed to be a reference to such Note Transaction Document as amended by this Amendment. If there is a conflict between the terms of this Amendment and either Noteany Transaction Document, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender under the NotesNote, as in effect prior to the date hereof.

Other Terms Unchanged. The Notes, as amended by this Amendment, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes after the date of this Amendment is deemed to be a reference to such Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and either Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender under the Notes, as in effect prior to the date hereof.