Ratification by Guarantor. To the extent permitted by law, the Guarantor hereby ratifies all that said attorneys shall lawfully do or cause to be done by virtue hereof. This power of attorney is a power coupled with an interest and is irrevocable.
Ratification by Guarantor. Guarantor joins in the execution and delivery of this Amendment to (a) evidence its consent to, and agreement with, the terms and conditions of this Amendment and the transactions contemplated hereby; (b) renew, ratify and confirm all the terms, covenants and agreements contained in the Guaranty and the Environmental Indemnity; (c) stipulate and agree that all references in the Guaranty and Environmental Indemnity to (i) the “Loan” shall refer to the Loan, as amended by this Amendment, (ii) the “Credit Agreement” shall refer to the Credit Agreement, as amended by this Amendment, (iii) the “Credit Documents” or any of them shall refer to the Credit Documents as amended by this Amendment, and (v) any other term, provision or document shall refer to such term, provision or document as amended by this Amendment; and (d) renew, ratify, represent and confirm that (i) each of the Guaranty and Environmental Indemnity is and remains the valid, subsisting and enforceable agreement of Guarantor, enforceable against Guarantor in accordance with its terms, (ii) as of the date hereof there are no offsets, claims or defenses to the Guaranty or Environmental Indemnity, by reason of this Amendment, the transactions contemplated hereby or otherwise, (iii) all representations and warranties of Guarantor in the Guaranty and Environmental Indemnity remain true and correct in all material respects as of the date hereof; (iv) Guarantor has paid and performed all covenants and obligations required to be paid and performed by Guarantor as of the date hereof, and (v) after giving effect to the terms and conditions of this Amendment, no uncured Event of Default exists under the Credit Documents and, to Guarantor’s actual knowledge, no event, condition or state of facts exists or has occurred and remains uncured which, with the giving of notice or passage of time or both, would constitute an Event of Default.
Ratification by Guarantor. Guarantor hereby consents and agrees to this Amendment and agrees that (a) the Loan Documents to which Guarantor is a party shall remain in full force and in effect and (b) the Loan Documents to which Guarantor is a party shall continue to guarantee the Indebtedness and shall continue to be the legal, valid and binding obligation of Guarantor and enforceable against Guarantor in accordance with its terms. In addition, Guarantor hereby agrees that each other Collateral Document to which Guarantor is a party shall remain in full force and in effect and shall continue to (i) secure the Indebtedness, and (ii) be the legal, valid and binding obligation of Guarantor and enforceable against Guarantor and Collateral in accordance with their respective terms.
Ratification by Guarantor. Guarantor hereby ratifies and confirms the terms and provisions of the Lease and the Guaranty and acknowledges that it remains directly and uncondi-tionally liable under the Guaranty and the Lease. The Guaranty remains in full force and effect and is unaffected by the Sublease or by the Duke Guaranty.
Ratification by Guarantor. Bank of America, N.A., as the guarantor under a Guaranty, dated as of December 14, 2001, pursuant to which it guarantees the performance by the Transferor of certain of the Transferor's obligations under the Transfer Agreement (the "Guaranty"), hereby approves, ratifies, confirms and acknowledges this Amendment, and affirms and restates as of the date hereof that its obligations pursuant to the Guaranty are unaffected by this Amendment and shall remain in full force and effect.
Ratification by Guarantor. (Greystone Logistics, Inc.) The undersigned, Greystone Logistics, Inc., an Oklahoma corporation, hereby acknowledges receipt of a fully executed copy of the foregoing Fourth Amendment to Loan Agreement dated as of February 28, 2013 (the "Fourth Amendment"), and approves such Fourth Amendment, and further ratifies, confirms, restates and continues in full force and effect for all purposes its existing guarantee of payment issued in favor of the Bank pursuant to that certain Guaranty Agreement dated as of March 15, 2011 (the "Existing Guaranty"), including as a payment guarantee of the $4,823,332.74 promissory note from Greystone Manufacturing, L.L.C., an Oklahoma limited liability company, as borrower, payable to the order of the Bank and dated as of even date herewith (the "Restated Note"), with the same force and effect as is such Existing Guaranty was restated in its entirety herein to include, without limitation, the payment guarantee of the Restated Note and all indebtedness evidenced thereby, including all extensions, renewals, replacements, substitutions, rearrangements, changes in form and other modifications thereof from time to time. This Ratification is executed and delivered by the undersigned to the Bank in Tulsa, Oklahoma, effective as of February 28, 2013. GREYSTONE LOGISTICS, INC. By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx, President THE F&M BANK & TRUST COMPANY, a state banking corporation By: /s/ Matt Crew Matt Crew, Senior Vice President "Bank"
Ratification by Guarantor. Guarantor joins in the execution of this Amendment to evidence its consent thereto, and ratifies and confirms its obligations to guaranty Lessee’s performance under the Lease as more particularly set forth in the Guaranty. EXCEPT AS expressly amended and modified hereby, the Lease shall otherwise remain in full force and effect, the parties hereto hereby ratifying and confirming the same. To the extent of any inconsistency between the Lease and this Amendment, the terms of the Amendment shall prevail.
Ratification by Guarantor. The undersigned, Arena Drilling Co., a Texas corporation (“Guarantor”), (i) ratifies, confirms and consents to the foregoing First Amendment to First Amended and Restated Credit Agreement dated as of June 5, 2007 (“First Amendment”), among the Arena Resources, Inc., as borrower (“Borrower”), the Lenders signatory parties thereto and MidFirst Bank, as the Administrative Agent for the Lenders, and (ii) ratifies, confirms and continues in full force and effect for all purposes that certain Guaranty Agreement from the Guarantor dated as of May 3, 2006, in favor of the Lenders and the Administrative Agent, as an absolute and unconditional guarantee of payment of the Obligations described in the Existing Credit Agreement (as defined in the First Amendment) and in the First Amendment (collectively, as hereafter amended, extended, renewed, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), including without limitation the replaced Notes issued pursuant to the First Amendment and the Aggregate Revolving Credit Commitments (currently $100,000,000.00) up to the Aggregate Maximum Revolving Credit Commitment Amounts specified in the Credit Agreement, and including without limitation, all renewals, extensions, replacements, substitutions, consolidations, rearrangements, changes in form or other modifications of any one or more or all of the Notes. So executed and delivered to the Administrative Agent for the benefit of the Lenders in Tulsa, Oklahoma, effective as of the 5th day of June, 2007. Arena Drilling Co., a Texas corporation By: /s/ Xxxxxxx X. Xxxxxxxxxx Chief Financial Officer 11 ANNEX I LIST OF PERCENTAGE SHARES AND MAXIMUM REVOLVING CREDIT AMOUNTS Name of Lender Percentage Share Maximum Revolving Credit Amount MidFirst Bank 45.0% $ 45,000,000.00 Compass Bank 22.5% $ 22,500,000.00 Bank of Scotland 22.5% $ 22,500,000.00 Capital One, N.A. 5.0% $ 5,000,000.00 SunTrust Bank 5.0% $ 5,000,000.00 TOTAL 100.00% $100,000,000.00 NOTE: The foregoing Maximum Revolving Credit Amount of the Lenders is subject in all respects to the Aggregate Maximum Revolving Credit Commitment Amounts of the Lenders and the stipulated Borrowing Base (currently set at and stipulated to be $100,000,000.00). 12 EXHIBIT B FORM OF NOTICE OF BORROWING REQUEST/CONVERSION _____________________, 200__ ARENA RESOURCES, INC., a Nevada corporation (the “Borrower”), pursuant to the First Amended and Restated Credit Agreement dated effective as of May 3, 2006, among t...
Ratification by Guarantor. By its execution hereof, Guarantor ratifies and confirms that the assumption by Purchaser of all of Borrower's obligations set forth in the Note, Deed of Trust, Guaranty and the other Loan Documents, and the assumption by New Guarantor of all of Guarantor's obligations set forth in the Guaranty, shall not relieve Guarantor of any personal liability under the Guaranty for any acts or events occurring or obligations arising prior to or simultaneously with the date hereof.
Ratification by Guarantor. The undersigned, Meredian Holdings Group, Inc., a Delaware corporation (“Parent”), hereby states as follows to and for the benefit of Administrative Agent and each Lender, in each case as of the date hereof:
