Common use of Reaffirmation and No Novation Clause in Contracts

Reaffirmation and No Novation. Borrower and Guarantors, by their signatures below, hereby (a) affirm and confirm their grant of security interests and other commitments and obligations, as applicable, under the Original Credit Agreement, and the Loan Documents as defined therein, and (b) confirm and agree that all of their commitments and obligations, as applicable, under the Original Credit Agreement and the Loan documents as defined therein, shall continue to be in full force and effect following the effectiveness of this Agreement, as the same may be further amended and restated. This Agreement shall not extinguish the obligations for the payment of money outstanding under the Original Credit Agreement and the Loan Documents defined therein or discharge or release the Liens or any other security therefor or any guarantee thereof. Nothing herein contained or any return of and/or notation as “Replaced” on any Loan Documents shall be construed as a substitution or novation of the obligations outstanding under the Original Credit Agreement and the Loan Documents defined therein or instruments guaranteeing or securing the same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Agreement or in any other document contemplated hereby or thereby or any return of and/or notation as “Replaced” on any Loan Documents shall be construed as a release or other discharge of Borrower or any Guarantor under the Loan Documents from any of their respective obligations and liabilities thereunder except as may be contemplated by this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sweetgreen, Inc.), Loan and Security Agreement (Sweetgreen, Inc.)

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Reaffirmation and No Novation. Borrower and GuarantorsThe Company, by their signatures its signature below, hereby (a) affirm affirms and confirm their confirms its grant of security interests and other commitments and obligations, as applicable, under the Original Credit Agreement, and the Loan Documents as defined therein, and (b) confirm confirms and agree agrees that all of their its commitments and obligations, as applicable, under the Original Credit Agreement and the Loan documents Documents as defined therein, shall continue to be in full force and effect following the effectiveness of this Agreement, as the same may be further amended and restated. This Agreement shall not extinguish the obligations for the payment of money outstanding under the Original Credit Agreement and the Loan Documents defined therein or discharge or release the Liens or any other security therefor or any guarantee thereof. Nothing herein contained or any return of and/or notation as “Replaced” on any Loan Documents shall be construed as a substitution or novation of the obligations outstanding under the Original Credit Agreement and the Loan Documents defined therein or instruments guaranteeing or securing the same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Agreement or in any other document contemplated hereby or thereby or any return of and/or notation as “Replaced” on any Loan Documents shall be construed as a release or other discharge of Borrower or any Guarantor under the Loan Documents from any of their respective obligations and liabilities thereunder except as may be contemplated by this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sweetgreen, Inc.), Loan and Security Agreement (Sweetgreen, Inc.)

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