Common use of Ratification and Release Clause in Contracts

Ratification and Release. Each of the undersigned hereby consents to the terms of the within and foregoing Agreement, confirms and ratifies the terms of each document it has executed in connection with the Obligations (collectively, the “Documents”), and acknowledges that the Documents to which it is a party are in full force and effect and ratifies the same, that it has no defense, counterclaim, set-off or any other claim to diminish its liability under such Documents, that its consent is not required to the effectiveness of the within and foregoing Agreement, and that no consent by it is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of Credit, the Collateral, or any of the other Loan Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT OR ANY LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING AGREEMENT OR OTHER LOAN DOCUMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENT. UNITED FUEL & ENERGY CORPORATION, a Texas corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx

Appears in 1 contract

Samples: Financing Agreement (United Fuel & Energy Corp)

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Ratification and Release. Each of the undersigned The undersigned, hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has executed in connection with the Obligations (collectively, the “Documents”)its guaranty agreement, and acknowledges that the Documents to which it its guaranty agreement is a party are in full force and effect and ratifies the sameeffect, that it has no defense, counterclaim, set-off or any other claim to diminish its liability under such Documentsdocument, that its consent is not required to the effectiveness of the within and foregoing Agreementdocument, and that no consent by it is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditLoans, the Collateral, or any of the other Loan DocumentsOther Agreements. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF COLLATERAL AGENT AND EACH LENDER, ITS LENDERS. THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST COLLATERAL AGENT OR ANY LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT "LOANS”, ". INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATION, a Texas corporation GUARANTOR: MERCHANTS METALS HOLDING COMPANY By: /s/ Xxxxx Xxxxxx X. Page Xxxxxxx Name: Xxxxx Xxxxxx X. Page Xxxxxxx Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxPresident- Finance

Appears in 1 contract

Samples: Loan and Security Agreement (Mmi Products Inc)

Ratification and Release. Each of the undersigned The undersigned, hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has executed in connection with the Obligations (collectively, the “Documents”)its guaranty agreement, and acknowledges that the Documents to which it its guaranty agreement is a party are in full force and effect and ratifies the sameeffect, that it has no defense, counterclaim, set-off or any other claim to diminish its liability under such Documentsdocument, that its consent is not required to the effectiveness of the within and foregoing Agreementdocument, and that no consent by it is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditLoans, the Collateral, or any of the other Loan DocumentsOther Agreements. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF COLLATERAL AGENT AND EACH LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST COLLATERAL AGENT OR ANY LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT "LOANS", INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATION, a Texas corporation GUARANTOR: MERCHANTS METALS HOLDING COMPANY By: /s/ Xxxxx Xxxxxx X. Page Xxxxxxx Name: Xxxxx Xxxxxx X. Page Xxxxxxx Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx- Finance

Appears in 1 contract

Samples: Loan and Security Agreement (Mmi Products Inc)

Ratification and Release. Each of the undersigned hereby consents to the terms of the within Second Amendment to Revolving Credit and foregoing AgreementSecurity Agreement dated as of November 12, 2012 by and among by and among Flotek Industries, Inc., CESI Chemical, Inc., CESI Manufacturing, LLC, Material Translogistics, Inc., Teledrift Company, Turbeco, Inc., USA Petrovalve, Inc. and PNC Bank, National Association, as Agent and as a Lender (the “Amendment”), confirms and ratifies the terms of that certain Guaranty dated as of September 23, 2011 executed by each document it has executed of the undersigned in connection with favor of Agent and the Obligations (collectively, other Lenders. Each of the “Documents”), and undersigned acknowledges that the Documents to which it its Guaranty is a party are in full force and effect and ratifies the same, acknowledges that it such undersigned has no defense, counterclaim, set-off or any other claim to diminish its such undersigned’s liability under such Documentsdocuments, that its such undersigned’s consent is not required to the effectiveness of the within and foregoing AgreementAmendment, and that no consent by it any such undersigned is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditObligations, the Collateral, or any of the other Loan Other Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT IS AMENDMENT AND THIS CONSENT ARE EXECUTED, WHICH THE EACH SUCH UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT, DOCUMENTATION AGENT OR ANY LENDER, ITS THEIR PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING AGREEMENT REVOLVING CREDIT AND SECURITY AGREEMENT, AS AMENDED BY THE AMENDMENT, OR THE OTHER LOAN DOCUMENTS, AND NEGOTIATION FOR AND EXECUTION OF THE AMENDMENT AND THIS AGREEMENTCONSENT. UNITED FUEL & ENERGY CORPORATION[REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW.] GUARANTORS: FLOTEK PAYMASTER, a Texas corporation INC. By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation PADKO INTERNATIONAL INCORPORATED By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxPETROVALVE, INC. By: Name: Title: FLOTEK INTERNATIONAL, INC. By: Name:

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Flotek Industries Inc/Cn/)

Ratification and Release. Each of the The undersigned hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has that certain Guaranty, effective as of April 24, 2001, as amended from time to time and as executed in connection with by the Obligations undersigned for the benefit of Lender (collectively, the “Guaranty Documents”), and acknowledges that the Guaranty Documents to which it is a party are in full force and effect and ratifies the same, that it the undersigned has no defense, counterclaim, set-off or any other claim to diminish its the undersigned’s liability under such Documentsdocuments, that its the undersigned’s consent is not required to the effectiveness of the within and foregoing AgreementAmendment, and that no consent by it the undersigned is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditObligations, the Collateral, or any of the other Loan Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT OR ANY LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATIONIMPRESO, INC. By: /s/ Xxxxxxxx X. Xxxxxxxxx Name: Xxxxxxxx X. Xxxxxxxxx Title: President THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT THIS THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of the day of December, 2004 by and among CONGRESS FINANCIAL CORPORATION (SOUTHWEST), a Texas corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION(“Lender”), and TST/IMPRESO, INC., a Nevada Delaware corporation, which is the successor-in-interest by merger to TST/Impreso, Inc., a Texas corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx(“TST”), TST/IMPRESO OF CALIFORNIA, INC., a California corporation (“TST California” and collectively with TST, the “Borrower”).

Appears in 1 contract

Samples: Loan and Security Agreement (Impreso Inc)

Ratification and Release. Each of the The undersigned hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has that certain Guaranty, effective as of April 24, 2001, as amended from time to time and as executed in connection with by the Obligations undersigned for the benefit of Lender (collectively, the “Guaranty Documents”), and acknowledges that the Guaranty Documents to which it is a party are in full force and effect and ratifies the same, that it the undersigned has no defense, counterclaim, set-off or any other claim to diminish its the undersigned’s liability under such Documentsdocuments, that its the undersigned’s consent is not required to the effectiveness of the within and foregoing AgreementAmendment, and that no consent by it the undersigned is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditObligations, the Collateral, or any of the other Loan Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT OR ANY LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATIONIMPRESO, a Texas corporation INC. By: /s/ Xxxxx X. Page Xxxxxxxx Xxxxxxxxx Name: Xxxxx X. Page Xxxxxxxx Xxxxxxxxx Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxPresident

Appears in 1 contract

Samples: Loan and Security Agreement (Impreso Inc)

Ratification and Release. Each of the undersigned hereby consents to the terms of the within and foregoing Agreement, confirms and ratifies the terms of its guaranty agreement relating to the Obligations and of each collateral document it has executed in connection with the Obligations (collectively, the “Documents”), and acknowledges that the Documents to which it is a party are in full force and effect and ratifies the same, that it has no defense, counterclaim, set-off or any other claim to diminish its liability under such Documents, that its consent is not required to the effectiveness of the within and foregoing Agreement, and that no consent by it is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditLoans, the Collateral, or any of the other Loan Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE THIS AGREEMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT OR ANY LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENT. UNITED FUEL & ENERGY CORPORATION, a Texas corporation ENGLOBAL CORPORATION By: /s/ Xxxxx X. Page X. Xxxxxxx Name: Xxxxx X. Page X. Xxxxxxx Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATIONIDS ENGINEERING, INC., d/b/a Nevada corporation ENGLOBAL ENGINEERING, INC. By: /s/ Xxxxx X. Page X. Xxxxxxx Name: Xxxxx X. Page X. Xxxxxxx Title: Vice President & CFO THERMAIRE, INC., d/b/a THERMAL CORPORATION By: /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxXxxxxxx Name: X. X. Xxxxxxx Title: CFO ENGLOBAL CONSTANT POWER, INC. By: /s/ X. X. Xxxxxxx Name: X. X. Xxxxxxx Title: CFO ENGLOBAL CORPORATE SERVICES, INC. By: /s/ X. X. Xxxxxxx Name: X. X. Xxxxxxx Title: CFO IDS ENGINEERING MANAGEMENT, LC By: /s/ X. X. Xxxxxxx Name: X. X. Xxxxxxx Title: CFO

Appears in 1 contract

Samples: Loan and Security Agreement (Englobal Corp)

Ratification and Release. Each of the The undersigned hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has that certain Guaranty, effective as of April 24, 2001, as amended from time to time and as executed in connection with by the Obligations undersigned for the benefit of Lender (collectively, the “Guaranty Documents”), and acknowledges that the Guaranty Documents to which it is a party are in full force and effect and ratifies the same, that it the undersigned has no defense, counterclaim, set-off or any other claim to diminish its the undersigned’s liability under such Documentsdocuments, that its the undersigned’s consent is not required to the effectiveness of the within and foregoing AgreementAmendment, and that no consent by it the undersigned is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditObligations, the Collateral, or any of the other Loan Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT OR ANY LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATIONIMPRESO, INC. By: /s/ Xxxxxxxx X. Xxxxxxxxx Name: Xxxxxxxx X. Xxxxxxxxx Title: President SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of the 23rd day of July, 2004 by and among CONGRESS FINANCIAL CORPORATION (SOUTHWEST), a Texas corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION(“Lender”), and TST/IMPRESO, INC., a Nevada Delaware corporation, which is the successor-in-interest by merger to TST/Impreso, Inc., a Texas corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx(“TST”), TST/IMPRESO OF CALIFORNIA, INC., a California corporation (“TST California” and collectively with TST, the “Borrower”).

Appears in 1 contract

Samples: Loan and Security Agreement (Impreso Inc)

Ratification and Release. Each of the undersigned hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of that certain Secured Guarantee dated March 29, 2002 and that certain General Security Agreement dated March 29, 2002 each document it has as amended from time to time and as executed in connection with by the Obligations undersigned for the benefit of Lender (collectively, the “Guaranty Documents”), and acknowledges that the Guaranty Documents to which it is a party are in full force and effect and ratifies the same, that it the undersigned has no defense, counterclaim, set-off or any other claim to diminish its the undersigned’s liability under such Documentsdocuments, that its the undersigned’s consent is not required to the effectiveness of the within and foregoing AgreementAmendment, and that no consent by it the undersigned is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditObligations, the Collateral, or any of the other Loan Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT OR ANY LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATIONPRIORITY FULFILLMENT SERVICES, a Texas corporation INC. By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATIONBUSINESS SUPPLIES DISTRIBUTORS HOLDINGS, a Nevada corporation LLC By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxConsent, Ratification and Release attached to Sixth Amendment to Loan and Security Agreement

Appears in 1 contract

Samples: Loan and Security Agreement (Pfsweb Inc)

Ratification and Release. Each of the undersigned hereby consents to the terms of the within and foregoing Agreement, confirms and ratifies the terms of each document it has executed in connection with the Obligations (collectively, the “Documents”), and acknowledges that the Documents to which it is a party are in full force and effect and ratifies the same, that it has no defense, counterclaim, set-off or any other claim to diminish its liability under such Documents, that its consent is not required to the effectiveness of the within and foregoing Agreement, and that no consent by it is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of Credit, the Collateral, or any of the other Loan Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT OR ANY LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING AGREEMENT OR OTHER LOAN DOCUMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENT. UNITED FUEL & ENERGY CORPORATION, a Texas corporation By: /s/ Xxxxx X. Page /s/Xxxxxxx XxXxxxxx Name: Xxxxx X. Page Xxxxxxx XxXxxxxx Title: Vice President & CFO CEO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation By: /s/ Xxxxx X. Page /s/Xxxxxxx XxXxxxxx Name: Xxxxx X. Page Xxxxxxx XxXxxxxx Title: Vice President & CFO /s/ CEO /s/Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx

Appears in 1 contract

Samples: Financing Agreement (United Fuel & Energy Corp)

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Ratification and Release. Each of the The undersigned hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has that certain Guaranty, effective as of April 24, 2001, as amended from time to time and as executed in connection with by the Obligations undersigned for the benefit of Lender (collectively, the “Guaranty Documents”), and acknowledges that the Guaranty Documents to which it is a party are in full force and effect and ratifies the same, that it the undersigned has no defense, counterclaim, set-off or any other claim to diminish its the undersigned’s liability under such Documentsdocuments, that its the undersigned’s consent is not required to the effectiveness of the within and foregoing AgreementAmendment, and that no consent by it the undersigned is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditObligations, the Collateral, or any of the other Loan Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT OR ANY LENDER, ITS PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATIONIMPRESO, a Texas corporation INC. By: /s/ Xxxxx Xxxxxxxx X. Page Xxxxxxxxx Name: Xxxxx Xxxxxxxx X. Page Xxxxxxxxx Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxPresident

Appears in 1 contract

Samples: Loan and Security Agreement (Impreso Inc)

Ratification and Release. Each of the undersigned hereby consents to the terms of the within Fourth Amendment to Revolving Credit and foregoing AgreementSecurity Agreement dated as of December 27, 2012 by and among by and among Flotek Industries, Inc., CESI Chemical, Inc., CESI Manufacturing, LLC, Material Translogistics, Inc., Teledrift Company, Turbeco, Inc., USA Petrovalve, Inc. and PNC Bank, National Association, as Agent and as a Lender (the “Amendment”), confirms and ratifies the terms of that certain Guaranty dated as of September 23, 2011 executed by each document it has executed of the undersigned in connection with favor of Agent and the Obligations (collectively, other Lenders. Each of the “Documents”), and undersigned acknowledges that the Documents to which it its Guaranty is a party are in full force and effect and ratifies the same, acknowledges that it such undersigned has no defense, counterclaim, set-off or any other claim to diminish its such undersigned’s liability under such Documentsdocuments, that its such undersigned’s consent is not required to the effectiveness of the within and foregoing AgreementAmendment, and that no consent by it any such undersigned is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditObligations, the Collateral, or any of the other Loan Other Documents. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF AGENT AND EACH LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT IS AMENDMENT AND THIS CONSENT ARE EXECUTED, WHICH THE EACH SUCH UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST AGENT, DOCUMENTATION AGENT OR ANY LENDER, ITS THEIR PREDECESSORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT LOANS”, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING AGREEMENT REVOLVING CREDIT AND SECURITY AGREEMENT, AS AMENDED BY THE AMENDMENT, OR THE OTHER LOAN DOCUMENTS, AND NEGOTIATION FOR AND EXECUTION OF THE AMENDMENT AND THIS AGREEMENTCONSENT. UNITED FUEL & ENERGY CORPORATION[REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW.] GUARANTORS: FLOTEK PAYMASTER, a Texas corporation INC. By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation PADKO INTERNATIONAL INCORPORATED By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxPETROVALVE, INC. By: Name: Title: FLOTEK INTERNATIONAL, INC. By: Name: Title: Schedule 1.2(a) Lender Commitments Lender Commitment Amount Revolving Advance Commitment Percentage Term Loan Commitment Percentage Commitment Percentage PNC BANK, NATIONAL ASSOCIATION $ 75,000,000 100.00 % 100.00 % 100.00 % Total $ 75,000,000 100 % 0. % 100 % Schedule A

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Flotek Industries Inc/Cn/)

Ratification and Release. Each of the undersigned The undersigned, hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has executed in connection with the Obligations (collectively, the “Documents”)its guaranty agreement, and acknowledges that the Documents to which it its guaranty agreement is a party are in full force and effect and ratifies the sameeffect, that it has no defense, counterclaim, set-off or any other claim to diminish its liability under such Documentsdocument, that its consent is not required to the effectiveness of the within and foregoing Agreementdocument, and that no consent by it is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditLoans, the Collateral, or any of the other Loan DocumentsOther Agreements. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF COLLATERAL AGENT AND EACH LENDER, ITS LENDERS. THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST COLLATERAL AGENT OR ANY LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT "LOANS”, ". INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATION, a Texas corporation GUARANTOR: MERCHANTS METALS HOLDING COMPANY By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxXxxxxxx

Appears in 1 contract

Samples: Loan and Security Agreement (Mmi Products Inc)

Ratification and Release. Each of the undersigned undersigned, hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has executed in connection with the Obligations (collectively, the “Documents”)its guaranty agreement, and acknowledges that the Documents to which it its guaranty agreement is a party are in full force and effect and ratifies the sameeffect, that it has no defense, counterclaim, set-off or any other claim to diminish its liability under such Documentsdocument, that its consent is not required to the effectiveness of the within and foregoing Agreementdocument, and that no consent by it is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditLoans, the Collateral, or any of the other Loan DocumentsOther Agreements. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF COLLATERAL AGENT AND EACH LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST COLLATERAL AGENT OR ANY LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT "LOANS", INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATION, a Texas corporation GUARANTORS: MERCHANTS METALS HOLDING COMPANY By: /s/ /s/Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Financial Officer MMI MANAGEMENT SERVICES LP By: MMI PRODUCTS, INC., its General Partner By: /s/Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Chief Financial Officer MMI MANAGEMENT INC. By: /s/Xxxxx X. Page Xxxxx Name: Xxxxx X. Page Xxxxx Title: Vice President & CFO UNITED FUEL & ENERGY CORPORATION, a Nevada corporation By: /s/ Xxxxx X. Page Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxSecretary

Appears in 1 contract

Samples: Loan and Security Agreement (Mmi Products Inc)

Ratification and Release. Each of the undersigned undersigned, hereby consents to the terms of the within and foregoing AgreementAmendment, confirms and ratifies the terms of each document it has executed in connection with the Obligations (collectively, the “Documents”)its guaranty agreement, and acknowledges that the Documents to which it its guaranty agreement is a party are in full force and effect and ratifies the sameeffect, that it has no defense, counterclaim, set-off or any other claim to diminish its liability under such Documentsdocument, that its consent is not required to the effectiveness of the within and foregoing Agreementdocument, and that no consent by it is required for the effectiveness of any future amendment, modification, forbearance or other action with respect to the Revolving Line of CreditLoans, the Collateral, or any of the other Loan DocumentsOther Agreements. EACH OF THE UNDERSIGNED HEREBY VOLUNTARILY AND KNOWINGLY RELEASES AND FOREVER DISCHARGES EACH OF COLLATERAL AGENT AND EACH LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ALL POSSIBLE CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, COSTS, EXPENSES, AND LIABILITIES WHATSOEVER, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, FIXED, CONTINGENT, OR CONDITIONAL, AT LAW OR IN EQUITY, ORIGINATING IN WHOLE OR IN PART ON OR BEFORE THE DATE THE AGREEMENT THIS AMENDMENT IS EXECUTED, WHICH THE UNDERSIGNED MAY NOW OR HEREAFTER HAVE AGAINST COLLATERAL AGENT OR ANY LENDERLENDERS, ITS THEIR PREDECESSORS, AGENTSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, IF ANY, AND IRRESPECTIVE OF WHETHER ANY SUCH CLAIMS ARISE OUT OF CONTRACT, TORT, VIOLATION OF LAW OR REGULATIONS, OR OTHERWISE, AND ARISING FROM ANY “REVOLVING CREDIT "LOANS", INCLUDING, WITHOUT LIMITATION, ANY CONTRACTING FOR, CHARGING, TAKING, RESERVING, COLLECTING OR RECEIVING INTEREST IN EXCESS OF THE HIGHEST LAWFUL RATE APPLICABLE, THE EXERCISE OF ANY RIGHTS AND REMEDIES UNDER THE FINANCING LOAN AGREEMENT OR OTHER LOAN DOCUMENTSAGREEMENTS, AND NEGOTIATION FOR AND EXECUTION OF THIS AGREEMENTAMENDMENT. UNITED FUEL & ENERGY CORPORATIONGUARANTORS: MERCHANTS METALS HOLDING COMPANY By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Vice President - Finance MMI MANAGEMENT SERVICES LP By: MMI PRODUCTS, a Texas corporation INC., its General Partner By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Vice President - Finance MMI MANAGEMENT INC. By: /s/ Xxxxx X. Page Xxxxx Name: Xxxxx X. Page Xxxxx Title: Vice President IVY STEEL & CFO UNITED FUEL & ENERGY CORPORATIONWIRE, a Nevada corporation INC. By: /s/ Xxxxx Xxxxxx X. Page Xxxxxxx Name: Xxxxx X. Page Title: Vice President & CFO /s/ Xxxxxx X. Xxxxx Xxxxxx X. XxxxxXxxxxxx

Appears in 1 contract

Samples: Loan and Security Agreement (Mmi Products Inc)

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