Common use of Reaffirmation Clause in Contracts

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 12 contracts

Samples: Credit Agreement (Comsys It Partners Inc), Credit Agreement (Comsys It Partners Inc), Credit Agreement (Comsys It Partners Inc)

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Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Borrower’s Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment Agreement and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 8 contracts

Samples: Credit Agreement (Vertex Energy Inc.), Credit Agreement (Vertex Energy Inc.), Credit Agreement (Vertex Energy Inc.)

Reaffirmation. Each of the Credit Parties that is a party heretoParty, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (ia) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (iib) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Party hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or any Lender, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. Each Credit Party acknowledges that all references in the Credit Agreement to the “Agreement” or the “Credit Agreement” shall mean the Credit Agreement, as amended hereby, and all references in the Loan Documents to the “Credit Agreement” shall mean the Credit Agreement, as amended hereby.

Appears in 7 contracts

Samples: Credit Agreement (Royal Hawaiian Orchards, L.P.), Credit Agreement (Royal Hawaiian Orchards, L.P.), Credit Agreement (Crimson Wine Group, LTD)

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens Liens or security interests in its property or otherwise acts as an accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens Liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Borrower’s Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens Liens and confirms and agrees that such security interests and liens Liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect effect, as modified hereby, and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) herein or serve to effect a novation of the Obligations.

Appears in 6 contracts

Samples: Loan, Guarantee and Security Agreement (Williams Industrial Services Group Inc.), Guarantee and Security Agreement (Williams Industrial Services Group Inc.), Guarantee and Security Agreement (Williams Industrial Services Group Inc.)

Reaffirmation. Each Loan Party party hereto has executed and delivered one or more of the Credit Parties that is a party hereto, Security Documents and/or the other Loan Documents as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity capacities in which such Credit Party grants Person has granted liens or security interests in its property their respective properties or otherwise acts acted as an accommodation party or guarantor, as the case may be, . Each Loan Party party hereto hereby (i) ratifies and reaffirms all of its respective payment and performance obligations, contingent or otherwise, under each of the Financing Security Documents and any other Loan Documents to which it is a party (after giving effect hereto) and (ii) and, to the extent any such Credit Party Person has granted liens on or security interests in any of its property their respective properties pursuant to any such Financing Document of the Security Documents or any of the other Loan Documents as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Agreement or any other Loan Documents, hereby ratifies and reaffirms such payment and performance obligations, guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended herebyObligations. Each of the Credit Parties hereby consents to this Amendment and acknowledges Loan Party party hereto agrees that each of the Financing Security Documents and each other Loan Document remains in full force and effect and is hereby ratified and reaffirmed, subject to and agrees that the amendments, consents and waivers set forth herein. The execution of this Amendment shall not (i) operate as a waiver of any right, power or remedy of the Agent or Lenders under the Loan Documents or (ii) constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Opinion Research Corp), Credit Agreement (Opinion Research Corp), Credit Agreement (Opinion Research Corp)

Reaffirmation. Each of the Credit Parties that is a party heretoObligor, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Obligor grants liens or security interests in its property or otherwise acts as accommodation party or a guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under the Note and each of the Financing Documents other Loan Document to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Security Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing DocumentsObligations, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Obligor hereby consents to this Amendment and acknowledges that the Note, as amended hereby, and each of the Financing Documents other Loan Document remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Payee, constitute a waiver of any provision of the Note or any of the Financing Documents (except as expressly set forth herein) other Loan Document or serve to effect a novation of the Obligations.

Appears in 4 contracts

Samples: Secured Promissory Note (Wheels Up Experience Inc.), Secured Promissory Note (Wheels Up Experience Inc.), Secured Promissory Note (Wheels Up Experience Inc.)

Reaffirmation. Each of the Credit Loan Parties that is a party heretoas borrower, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect heretoto this Amendment) and (ii) grants to the Administrative Agent, for the benefit of the Secured Parties (as such term is defined in the Pledge and Security Agreement), a lien on and security interest in, all of its right, title and interest in, to and under the Collateral of such Loan Party, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Obligations and, to the extent such Credit Loan Party granted liens on or a security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and guarantee, as applicable, and confirms and agrees that such security interests interests, liens and liens guarantee hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that that, except as amended by this Amendment, each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Osmotica Pharmaceuticals LTD), Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Reaffirmation. Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. In furtherance of the foregoing, each of the Loan Parties hereto hereby irrevocably and unconditionally ratifies its grant of security interest and pledge under the Guaranty and Security Agreement and each Loan Document and confirms that the liens, security interests and pledges granted thereunder continue to secure the Obligations, including, without limitation, any additional Obligations resulting from or incurred pursuant to this Amendment. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgormortgagor, xxxxxxx, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor, or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests interest and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Team Inc), Term Loan Credit Agreement (Team Inc), Term Loan Credit Agreement (Team Inc)

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Comsys It Partners Inc), Term Loan Credit Agreement (Comsys It Partners Inc), Term Loan Credit Agreement (Comsys It Partners Inc)

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, mortgagor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment Agreement and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. This Agreement shall constitute a “Loan Document” for purposes of the Amended Credit Agreement.

Appears in 3 contracts

Samples: Credit Agreement (iCIMS Holding LLC), Credit Agreement (iCIMS Holding LLC), Credit Agreement (iCIMS Holding LLC)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (ia) ratifies and reaffirms as of the date hereof all of its payment and performance obligations, contingent or otherwise, under each of the Financing Facility Documents to which it is a party (after giving effect hereto) and and, (iib) to the extent such Credit Loan Party granted liens Liens on or security interests in any of its property pursuant to any such Financing Document Facility Documents as security for or otherwise guaranteed the Borrowers’ Obligations Liabilities of the Borrower under or with respect to the Financing Facility Documents, ratifies and reaffirms as of the date hereof such guarantee and grant of security interests and liens Liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations Liabilities as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment Agreement and acknowledges that each of the Financing other Facility Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to reaffirmed as of the amendments, consents and waivers set forth hereindate hereof. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lender, constitute a waiver of any provision of any of the Financing Facility Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsLiabilities.

Appears in 3 contracts

Samples: Temporary Waiver and Exchange Agreement (Sientra, Inc.), Temporary Waiver and Exchange Agreement (Sientra, Inc.), Agreement (Sientra, Inc.)

Reaffirmation. Each of the Credit Loan Parties that is a party heretoas debtors, as debtorgrantors, grantorpledgors, pledgorguarantors, guarantor, assignorassignors, or in other any other similar capacity capacities in which such Credit Party grants Loan Parties grant liens or security interests in its property their properties or otherwise acts act as accommodation party parties or guarantorguarantors, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) and, to the extent such Credit Loan Party granted liens on or security interests in any of its property properties pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, each hereby ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Xxxxxx, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Aki Holding Corp), Credit Agreement (Aki Inc), Credit Agreement (Aki Holding Corp)

Reaffirmation. Each Borrower, on behalf of itself and each Guarantor, hereby expressly consents to and acknowledges the terms of this Amendment and acknowledges that the Replacement and the Increase contemplated hereby constitutes Obligations under the Credit Agreement and the other Loan Documents, and confirms and reaffirms, as of the Credit Parties date hereof, (a) the covenants and agreements contained in each Loan Document to which it is a party, as in effect immediately after giving effect to this Amendment and the transactions contemplated hereby, (b) that all Obligations of such Loan Party under the Loan Documents to which such Loan Party is a party heretoshall continue to apply to the Credit Agreement as amended, extended or otherwise modified hereby, (c) its guaranty of the Obligations as debtoramended, grantorextended or otherwise modified hereby, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party (d) its prior pledges and grants liens or of security interests in its property or otherwise acts as accommodation party or guarantor, as and Liens on the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of Collateral to secure the Financing Obligations pursuant to the Collateral Documents to which it is a party (after giving effect hereto) and (iie) to the extent that such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing DocumentsGuarantees, ratifies prior pledges and reaffirms such guarantee and grant grants of security interests and liens Liens on the Collateral to secure the Obligations, as applicable, are and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents shall continue to this Amendment and acknowledges that each of the Financing Documents remains be in full force and effect as amended, extended or otherwise modified hereby and is hereby ratified do, and reaffirmedshall continue to, subject inure to the amendmentsbenefit of the Collateral Agent, consents the Lenders and waivers set forth hereinthe other Secured Parties. The execution of this This Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsCredit Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Change Healthcare Inc., PF2 SpinCo, Inc.

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, signatory hereto as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (ia) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (iib) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties signatory hereto hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents (as amended herby) remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent Administrative Agent, the Australian Security Trustee or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Livent Corp.), Credit Agreement (Arcadium Lithium PLC)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby hereby: (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Senior Subordinated Debt Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Senior Subordinated Debt Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Senior Subordinated Debt Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended herebyObligations. Each of the Credit Loan Parties hereby consents to this Amendment Consent and acknowledges that each of the Financing Senior Subordinated Debt Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as specifically provided hereunder, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Consent shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Senior Subordinated Debt Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 2 contracts

Samples: To Note Purchase Agreement (Panther Expedited Services, Inc.), Note Purchase Agreement (Panther Expedited Services, Inc.)

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, mortgagor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment Agreement and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. This Agreement shall constitute a “Loan Document” and an “Increase Joinder” for purposes of the Amended Credit Agreement.

Appears in 2 contracts

Samples: Incremental Facility Assumption Agreement (Dragoneer Growth Opportunities Corp. II), Incremental Facility Assumption Agreement (Dragoneer Growth Opportunities Corp. II)

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent Agents or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Comsys It Partners Inc), Term Loan Credit Agreement (Comsys It Partners Inc)

Reaffirmation. Each of the Credit Parties that is a party heretoBorrower and the Guarantor, as issuer, debtor, grantor, pledgor, guarantormortgagor, guarantor or assignor, or in other any other similar capacity in which such Credit Party Person grants liens Liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) acknowledges and agrees that it has reviewed this Agreement, (ii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Transaction Documents (as amended hereby) to which it is a party (after giving effect hereto) ), and (iiiii) to the extent such Credit Party Person granted liens Liens on or security interests in any of its property pursuant to any such Financing Transaction Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Transaction Documents, ratifies and reaffirms such guarantee and grant of security interests and liens Liens and confirms and agrees that such security interests and liens Liens hereafter secure all of the Obligations (as amended hereby). Each of the Credit Parties Obligor hereby consents to this Amendment Agreement and acknowledges that each of this Agreement and the Financing Amended Notes is a Transaction Document and that each of the other Transaction Documents (as amended hereby) remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 2 contracts

Samples: Facility Agreement (Mannkind Corp), Facility Agreement (Mannkind Corp)

Reaffirmation. Each In connection with the execution and delivery of this Amendment, each of the Credit Parties that is a party heretoundersigned Borrowers, as borrower, debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Borrower grants liens or security interests in its property properties or otherwise acts as an accommodation party or guarantor, as the case may be, in each case under the Loan Documents heretofore executed and delivered in connection with or pursuant to the Credit Agreement (as amended, supplemented or otherwise modified prior to the date of the Amendment, all such agreements being collectively referred to hereinafter as the “Prior Agreements”), (a) hereby (i) ratifies and reaffirms all of its remaining payment and performance obligations, contingent or otherwise, if any, under each of such Loan Documents (as amended, restated, supplemented or otherwise modified by this Amendment, as the Financing Documents case may be) to which it is a party party, (after giving effect hereto) and (iib) to the extent such Credit Party Borrower granted liens on or security interests in any of its property properties pursuant to any such Financing Document Loan Documents, hereby ratifies and reaffirms such grant of security and confirms that such liens and security interests continue to secure the Secured Obligations, including, without limitation, all additional Obligations resulting from or incurred pursuant to the Amendment and the Credit Agreement as security for amended thereby and (c) to the extent such Borrower guaranteed or otherwise guaranteed the Borrowers’ Obligations under or was an accommodation party with respect to the Financing DocumentsSecured Obligations or any portion thereof, hereby ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power guaranties or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligationsaccommodation liabilities.

Appears in 2 contracts

Samples: Credit Agreement (LKQ Corp), Credit Agreement (LKQ Corp)

Reaffirmation. Each of the Credit Parties that is a party hereto, The Borrower as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party the Borrower grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and and, (ii) to the extent such Credit Party the Borrower granted liens Liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations of the Borrower under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens Liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby The Borrower consents to this Amendment and acknowledges that the Credit Agreement, as amended by this Amendment, and each of the Financing other Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations...

Appears in 2 contracts

Samples: Credit Agreement (Acutus Medical, Inc.), Credit Agreement (Acutus Medical, Inc.)

Reaffirmation. Each The Borrower on behalf of the Credit Parties that is a party heretoitself and each Guarantor, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Person grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, in each case, pursuant to any Note Document, hereby (i) ratifies and reaffirms all of its and each Guarantor’s payment and performance obligations, contingent or otherwise, under this Note and each of the Financing Documents other Note Document to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Document Security Documents as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Note Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each The Borrower on behalf of the Credit Parties itself and each Guarantor hereby consents to this Amendment Note and acknowledges that each of the Financing Documents Note and each other Note Document remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers . Except as expressly set forth herein. The , the execution of this Amendment Note shall not operate as a waiver of any right, power or remedy of the Collateral Agent or Lenders or the Holder, constitute a waiver of any provision of the Note or any of the Financing Documents (except as expressly set forth herein) other Note Document or serve to effect a novation of the Obligations.

Appears in 2 contracts

Samples: Incremental Super Priority Note Subscription Agreement (Getaround, Inc), Incremental Super Priority Note Subscription Agreement (Getaround, Inc)

Reaffirmation. Each of the Credit Parties that is a party Loan Party signatory hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Person grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect heretoto this Amendment and the increase to the Secured Obligations effected hereby) and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed all or any portion of the Borrowers’ Secured Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens (in each case after giving effect to the increase to the Secured Obligations effected hereby) and confirms and agrees that such security interests and liens hereafter secure all of the Secured Obligations purported to be secured by such Loan Documents (and after giving effect to the increase to the Secured Obligations effected hereby), as amended hereby. Each This Amendment shall not constitute a novation or satisfaction and accord of the Credit Parties Agreement and the other Loan Documents. Each Loan Party hereby consents to this Amendment and acknowledges that each of the Financing Documents Loan Documents, as amended hereby, remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 2 contracts

Samples: And Incremental Term Loan Assumption Agreement (Gerson Lehrman Group, Inc.), 2 and Incremental Term Loan Assumption Agreement (Gerson Lehrman Group, Inc.)

Reaffirmation. Each of the Credit Parties that is a party heretoBorrowers and Holdings as borrower, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Borrower or Holdings grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect heretoto this Amendment) and (ii) to the extent such Credit Party Borrower or Holdings granted liens on or a security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and guarantee, as applicable, and confirms and agrees that such security interests interests, liens and liens guarantee hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Borrowers and Holdings hereby consents to this Amendment and acknowledges that that, except as amended by this Amendment, each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Reaffirmation. Each of the Credit Parties that is a party heretoParty, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Party hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lender, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. Each Credit Party acknowledges that all references in the Loan Agreement to the “Agreement” or the “Loan Agreement” shall mean the Loan Agreement, as amended hereby, and all references in the Loan Documents to the “Loan Agreement” shall mean the Loan Agreement, as amended hereby.

Appears in 2 contracts

Samples: Loan Agreement (Maui Land & Pineapple Co Inc), Loan Agreement (Maui Land & Pineapple Co Inc)

Reaffirmation. Each of the Credit Parties that is a party hereto, Party hereto as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Person grants liens or security interests Liens in its property or otherwise acts as accommodation party or guarantor, as the case may bebe pursuant to the Loan Documents, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under the Existing Agreement and each of the Financing Documents other Loan Document to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Person granted liens on or security interests Liens in any of its property pursuant to any such Financing Document Loan Documents as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens Liens and confirms and agrees that such security interests and liens Liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Party hereto hereby consents to this Amendment and acknowledges that the Existing Agreement and each of the Financing Documents other Loan Document remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or the Lenders, constitute a waiver of any provision of the Existing Agreement or any of the Financing Documents (except as expressly set forth herein) other Loan Document or serve to effect a novation of the Obligationsobligations except as expressly set forth herein. SECTION 12.

Appears in 2 contracts

Samples: Credit Agreement (Blend Labs, Inc.), Credit Agreement (Blend Labs, Inc.)

Reaffirmation. Each of the Credit Parties that is a party heretoParties, as debtor, grantor, pledgor, guarantor, collateral assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, as of each of the Fifth Amendment Effective Date and the Fifth Amendment Funding Date, hereby (ia) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Credit Documents to which it is a party (after giving effect hereto) and (iib) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Credit Document as security for for, or otherwise guaranteed guaranteed, the Borrowers’ Obligations under or with respect to the Financing Credit Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Credit Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers . Except as expressly set forth herein. The , the execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or the Lenders, constitute a waiver of any provision of any of the Financing Credit Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Clearwater Analytics Holdings, Inc.)

Reaffirmation. Each of the Credit Parties that is a party heretoIssuer and each other Note Party, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Person grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, in each case, pursuant to any Notes Document, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under the Note and each of the Financing Documents other Notes Document to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Notes Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Notes Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Issuer and each other Note Party hereby consents to this Amendment and acknowledges that each of the Financing Documents Note, as amended hereby, and each other Notes Document remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers reaffirmed (after giving effect hereto). Except as expressly set forth herein. The , the execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or the Note Holders, constitute a waiver of any provision of the Note or any of the Financing Documents (except as expressly set forth herein) other Notes Document or serve to effect a novation of the Obligations. SECTION 14.

Appears in 1 contract

Samples: MariaDB PLC

Reaffirmation. Each of the Credit Parties that is a party hereto, Issuer as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Issuer grants liens Liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (ia) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Note Documents to which it is a party (after giving effect hereto) and (iib) to the extent such Credit Party Issuer granted liens Liens on or security interests in any of its property pursuant to any such Financing Note Document as security for or otherwise guaranteed the Borrowers’ Obligations and/or its obligations under or with respect to the Financing Note Documents, ratifies and reaffirms such guarantee and grant of security interests and liens Liens and confirms and agrees that such security interests and liens Liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Issuers hereby consents to this Amendment Agreement and acknowledges that each of the Financing Note Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of Note Agent and the Agent or Lenders or Purchasers, constitute a waiver of any provision of any of the Financing Note Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Forbearance Agreement (Comverge, Inc.)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as an accommodation party or a guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed any of the Borrowers’ Obligations under or with respect to the Financing DocumentsObligations, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Third Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Third Amendment shall not serve to effect a novation of the Obligations or, except to the extent specifically provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders any Lender or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsLoan Documents.

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

Reaffirmation. Each of the Credit Loan Parties that is a party heretoas borrower, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect heretoto this Amendment) and (ii) to the extent such Credit Loan Party granted to the Administrative Agent, for the benefit of the Secured Parties, liens on or a security interests interest in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and its grant of security interests and liens and guarantee under the Loan Documents, as applicable, and confirms and agrees that such security interests interests, liens and liens guarantee hereafter secure all of the Obligations as amended hereby, to the extent set forth in the applicable Loan Documents. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that that, except as amended by this Amendment, each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as specifically amended hereby, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (CrossAmerica Partners LP)

Reaffirmation. Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. In furtherance of the foregoing, each of the Loan Parties hereto hereby irrevocably and unconditionally ratifies its grant of security interest and pledge under the Guaranty and Security Agreement and each Loan Document and confirms that the liens, security interests and pledges granted thereunder continue to secure the Obligations, including, without limitation, any additional Obligations resulting from or incurred pursuant to this Amendment. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgormortgagor, xxxxxxx, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor, or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests interest and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each For the avoidance of doubt, the Credit ratification and reaffirmation by the Loan Parties hereby consents to in this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Section 12 shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver new grant of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligationssecurity interests.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Team Inc)

Reaffirmation. Each of the Credit Parties that is a party heretoSTG Party as borrower, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which the such Credit STG Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Credit Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit STG Party granted liens on or security interests in any of its property pursuant to any such Financing Credit Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Credit Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties STG Party hereby consents to this Amendment Waiver and acknowledges that that, except as expressly set forth herein, each of the Financing Credit Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers . Except as expressly set forth herein. The , the execution of this Amendment Waiver shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or the Lenders, constitute a waiver of any provision of any of the Financing Credit Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. This Waiver shall constitute a Credit Document.

Appears in 1 contract

Samples: Credit Agreement (STG Group, Inc.)

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Comsys It Partners Inc)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and and, (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations of the Borrower under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that the Credit Agreement, as amended hereby, and each of the Financing other Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Second Lien Credit Agreement (RTI Surgical Holdings, Inc.)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby hereby: (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Senior Subordinated Debt Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Senior Subordinated Debt Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Senior Subordinated Debt Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Fourth Amendment and acknowledges that each of the Financing Senior Subordinated Debt Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as specifically provided hereunder, subject to the amendments, consents and waivers set forth herein. The execution of this Fourth Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Senior Subordinated Debt Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.. – Remainder of Page Intentionally Blank; Signature Page Follows –

Appears in 1 contract

Samples: To Note Purchase Agreement (Panther Expedited Services, Inc.)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, signatory hereto as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (ia) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (iib) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties signatory hereto hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents (as amended herby) remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. [Remainder of page intentionally left blank.] [SIGNATURE PAGE TO FOURTH AMENDMENT TO CREDIT AGREEMENT] CITIZENS BANK, N.A., as Lender By: Name: Xxxxx X. Xxxxx Title: Vice President

Appears in 1 contract

Samples: Credit Agreement (Livent Corp.)

Reaffirmation. Each of the Credit Parties that is a party hereto, Borrower as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Borrower grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Borrower granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Borrower’s Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Borrower hereby consents to this Amendment Agreement and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Jakks Pacific Inc)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Borrower’s Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Second Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers . Except as set forth herein. The in Section 2 of this Second Amendment, the execution of this Second Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Princeton Review Inc)

Reaffirmation. Each of the Credit Loan Parties that is a party heretoas borrower, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect heretoto this Amendment) and (ii) to the extent such Credit Loan Party granted granted, to the Administrative Agent, for the benefit of the Secured Parties, liens on or a security interests interest in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and its grant of security interests and liens and guarantee under the Loan Documents, as applicable, and confirms and agrees that such security interests interests, liens and liens guarantee hereafter secure all of the Obligations as amended hereby, to the extent set forth in the applicable Loan Documents. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that that, except as amended by this Amendment, each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as specifically amended hereby, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (CrossAmerica Partners LP)

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, assignor or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing DocumentsObligations, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment Agreement and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or the Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Otelco Inc.)

Reaffirmation. Each of the Credit Parties that is a party heretoParty, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Person grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under the Credit Agreement and each of the Financing Documents other Credit Document to which it is a party (after giving effect hereto) party, and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Document Collateral Documents as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Credit Documents, ratifies and reaffirms such guarantee and grant of security interests interests, and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Party hereby consents to this Amendment Amendment, and acknowledges that the Credit Agreement, as amended hereby, and each of the Financing Documents other Credit Document remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power power, or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of the Credit Agreement or any of the Financing Documents (except as expressly set forth herein) other Credit Document or serve to effect a novation of the Obligations.. The parties hereto have caused this Amendment to be duly executed and delivered by their duly authorized officers as of the date first set forth above. Administrative Agent and lenders:

Appears in 1 contract

Samples: Credit Agreement (H.I.G. Aert, LLC)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby hereby: (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Senior Subordinated Debt Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Senior Subordinated Debt Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Senior Subordinated Debt Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended herebyObligations. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that each of the Financing Senior Subordinated Debt Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as specifically provided hereunder, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Senior Subordinated Debt Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Note Purchase Agreement (Panther Expedited Services, Inc.)

Reaffirmation. Each Loan Party party hereto has executed and delivered one or more of the Credit Parties that is a party hereto, Security Documents and/or the other Loan Documents as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity capacities in which such Credit Party grants Person has granted liens or security interests in its property their respective properties or otherwise acts acted as an accommodation party or guarantor, as the case may be, . Each Loan Party party hereto hereby (i) ratifies and reaffirms all of its respective payment and performance obligations, contingent or otherwise, under each of the Financing Security Documents and any other Loan Documents to which it is a party (after giving effect hereto) and (ii) and, to the extent any such Credit Party Person has granted liens on or security interests in any of its property their respective properties pursuant to any such Financing Document of the Security Documents or any of the other Loan Documents as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Agreement or any other Loan Documents, hereby ratifies and reaffirms such payment and performance obligations, guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended herebyObligations. Each of the Credit Parties hereby consents to this Amendment and acknowledges Loan Party party hereto agrees that each of the Financing Security Documents and each other Loan Document remains in full force and effect and is hereby ratified and reaffirmed, subject to and agrees that the amendments, consents and waivers set forth herein. The execution of this Amendment shall not not: (i) operate as a waiver of any right, power or remedy of the Agent or Lenders under the Loan Documents (other than the waiver of the Existing Defaults set forth above) or (ii) constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly other than the waiver of the Existing Defaults set forth hereinabove) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Waiver and Eleventh (Opinion Research Corp)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as an accommodation party or a guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed any of the Borrowers’ Obligations under or with respect to the Financing DocumentsObligations, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Fifth Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Fifth Amendment shall not serve to effect a novation of the Obligations or, except to the extent specifically provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders any Lender or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsLoan Documents.

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby hereby: (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Senior Subordinated Debt Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Senior Subordinated Debt Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Senior Subordinated Debt Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended herebyObligations. Each of the Credit Loan Parties hereby consents to this Fifth Amendment and acknowledges that each of the Financing Senior Subordinated Debt Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as specifically provided hereunder, subject to the amendments, consents and waivers set forth herein. The execution of this Fifth Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Senior Subordinated Debt Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.. – Remainder of Page Intentionally Blank; Signature Page Follows –

Appears in 1 contract

Samples: Note Purchase Agreement (Panther Expedited Services, Inc.)

Reaffirmation. Each of the Borrower and each other Credit Parties that is a party heretoParty, as debtor, grantor, pledgor, guarantor, assignor, assignor or in other any other similar capacity in which such Credit Party Person grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under the Credit Agreement and each of the Financing other Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Credit Agreement or other Loan Document as security for or otherwise guaranteed the Borrowers’ Borrower's Obligations under or with respect to the Financing Credit Agreement and the other Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each Borrower hereby agrees that such liens and security interests hereafter secure all of the Obligations, in each case as if each reference in such Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Agreement or Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents obligations secured thereby are construed to hereafter mean and waivers set forth hereinrefer to such Obligations under the Credit Agreement and other Loan Documents as hereby amended and that such security interests are and shall remain perfected under applicable law. The execution of this Amendment shall not operate as a novation, waiver of any right, power or remedy of the Agent or Lenders or any Lender nor constitute a waiver of any provision of the Credit Agreement or any of the Financing Documents (other Loan Documents, except as expressly set forth herein) or serve herein and shall be limited to effect a novation of the Obligationsparticular instance expressly set forth.

Appears in 1 contract

Samples: Credit Agreement (Cherokee International Corp)

Reaffirmation. Each of the Credit Parties that is a party heretoReaffirming Parties, as debtorparty to the Credit Agreement and certain of the Collateral Documents and the other Loan Documents, grantorin each case as amended, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property supplemented or otherwise acts as accommodation party or guarantor, as the case may bemodified from time to time, hereby (i) ratifies acknowledges and reaffirms agrees that all of its payment obligations under the Credit Agreement, the Collateral Documents and performance obligations, contingent or otherwise, under each of the Financing other Loan Documents to which it is a party (after giving effect hereto) are reaffirmed and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains remain in full force and effect and is hereby ratified and reaffirmedon a continuous basis, subject (ii) reaffirms (A) each Lien granted by it to the amendmentsPro Rata Agent or the Collateral Agent for the benefit of the Secured Parties and (B) any guaranties made by it pursuant to the Credit Agreement, consents (iii) acknowledges and waivers set forth hereinagrees that the grants of security interests by it contained in the Collateral Documents shall remain in full force and effect after giving effect to the Sixth Amendment and that such security interests secure, and shall continue to secure following the Sixth Amendment Effective Date, the Obligations as described in the following clause (iv) and (iv) acknowledges and agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the Term A Loans and Revolving Loans under the Credit Agreement as amended by this Sixth Amendment. The execution of Nothing contained in this Sixth Amendment shall not operate be construed as a waiver of any right, power substitution or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligationsobligations outstanding under the Credit Agreement or the other Loan Documents, which shall remain in full force and effect, except to any extent modified hereby.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Ltd.)

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Reaffirmation. Each of the Credit Parties that is a party hereto, Loan Party as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens Liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (ia) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (iib) to the extent such Credit Loan Party granted liens Liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed (including the Borrowers’ Guaranty) the Obligations and/or its obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee (including Guaranty) and grant of security interests and liens Liens and confirms and agrees that such security interests and liens Liens hereafter secure (and such guarantees (including the Guaranty) guarantee) all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not (i) operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or and the Lenders, (ii) constitute a waiver of any provision of any of the Financing Loan Documents or (except as expressly set forth hereiniii) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Fourth Amendment (Adeptus Health Inc.)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto), (ii) each of the Loan Parties hereby represents and warrants that, to such Loan Party’s tknowledge, as of the date hereof, it neither has nor claims any offsets or defenses to the Obligations, and has no other claims or causes of action against any of the Lenders or the Administrative Agent, and (iiiii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect (after giving effect hereto) and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or the Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.. -- Remainder of Page Intentionally Left Blank; Signature Pages Follow –

Appears in 1 contract

Samples: Loan Agreement (Spark Networks SE)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Borrower’s Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Third Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers . Except as set forth herein. The in Section 2 of this Third Amendment, the execution of this Third Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Princeton Review Inc)

Reaffirmation. Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. In furtherance of the foregoing, each of the Loan Parties party hereto hereby irrevocably and unconditionally ratifies its guarantee of the Obligations and grant of security interest and pledge under the Guaranty and Security Agreement and each Loan Document and confirms that the liens, security interests and pledges granted thereunder continue to secure the Obligations, including, without limitation, any additional Obligations resulting from or incurred pursuant to this Amendment. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgormortgagor, xxxxxxx, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor, or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests interest and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each For the avoidance of doubt, (i) the ratification and reaffirmation by the Loan Parties in this Section 12 shall not constitute a new grant of security interests and (ii) the consent of the Credit Loan Parties hereby consents to (other than the Borrower) is not required for this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsAmendment.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Team Inc)

Reaffirmation. Each In connection with the execution and delivery of the Credit Parties that is a party heretothis ------------- Agreement, each Loan Party, as debtor, grantor, mortgagor, pledgor, guarantor, assignor, or in other any other similar capacity capacities in which such Credit Loan Party grants grant liens or security interests in its property their properties or otherwise acts act as accommodation party parties or guarantorguarantors, as the case may be, hereby (i) in any case under the Loan Documents, ratifies and reaffirms all of its respective payment and performance obligations, contingent or otherwise, under each of the Financing such Loan Documents to which it is a party (after giving effect hereto) and (ii) and, to the extent such Credit Loan Party granted liens on or security interests in any of its property properties pursuant to any such Financing Document Loan Documents as security for or otherwise guaranteed the Borrowers’ Obligations "Obligations" under or with respect to the Financing DocumentsCredit Agreement, each hereby ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such liens and security interests and liens hereafter secure all of the Obligations, including, without limitation, all additional Obligations resulting from the this Agreement, in each case as if each reference in such Loan Documents to the obligations secured thereby are construed to hereafter mean and refer to such Obligations under the Credit Agreement as amended hereby. Each of the Credit Loan Parties hereby consents to the terms and conditions of this Amendment Amendment. Each of the Loan Parties acknowledges receipt of a copy of this Agreement and the Credit Agreement and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligationsconfirmed.

Appears in 1 contract

Samples: Credit Agreement (MCG Capital Corp)

Reaffirmation. Each of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Comsys It Partners Inc)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as an accommodation party or a guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed any of the Borrowers’ Obligations under or with respect to the Financing DocumentsObligations, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Fourth Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Fourth Amendment shall not serve to effect a novation of the Obligations or, except to the extent specifically provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders any Lender or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsLoan Documents.

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

Reaffirmation. Each Loan Party hereby reaffirms each and every covenant, condition, obligation and provision set forth in the Loan Documents, as modified hereby. Each Loan Party has executed and delivered one or more of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity Loan Documents in which such Credit Loan Party grants has granted liens or security interests in certain of its property or otherwise acts as accommodation party or guarantor, as the case may be, property. Each Loan Party hereby (i) ratifies and reaffirms all of its respective payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) and, to the extent such Credit Loan Party has granted liens on or security interests in any of its property pursuant to any such Financing Document of the Loan Documents as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to and the Financing DocumentsSecured Obligations, each Loan Party hereby ratifies and reaffirms such guarantee payment and performance obligations, grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended herebyand the Secured Obligations owed to the Administrative Agent, each Collateral Agent, the Issuing Bank and each Lender and any of its and their successors and assignees. Each of the Credit Parties hereby consents to this Amendment and acknowledges Loan Party agrees that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of agrees that this Amendment shall not (i) operate as a waiver of any right, power or remedy of the Agent Administrative Agent, the Collateral Agent, the Issuing Bank or Lenders any Lender under the Loan Documents or (ii) constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations and the Secured Obligations.

Appears in 1 contract

Samples: AGY Holding Corp.

Reaffirmation. Each of the Credit Loan Parties that is a party heretoas borrower, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect heretoto this Amendment) and (ii) to the extent such Credit Loan Party granted granted, to the Administrative Agent, for the benefit of the Secured Parties, liens on or a security interests interest in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and its grant of security interests and liens and guarantee under the Loan Documents, as applicable, and confirms and agrees that such security interests interests, liens and liens guarantee hereafter secure all of the Obligations as amended hereby, to the extent set forth in the applicable Loan Documents. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that that, except as amended by this Amendment, each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as specifically amended hereby, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.. NAI-1519422547v5

Appears in 1 contract

Samples: Credit Agreement (CrossAmerica Partners LP)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby hereby: (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended herebyObligations. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed. Except as specifically provided hereunder, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. Effective as of the Ninth Amendment Effective Date, the Limited Guaranty, dated as of April 6, 2009, by and between the Sponsor and the Agent, as now in effect, is hereby terminated and without further force or effect.

Appears in 1 contract

Samples: Credit Agreement (Panther Expedited Services, Inc.)

Reaffirmation. (a) Each of the Credit Parties that is a party heretoundersigned Loan Parties, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property properties or otherwise acts as an accommodation party or guarantor, as the case may be, hereby in each case under the Loan Documents heretofore executed and delivered in connection with or pursuant to the Existing Credit Agreement (as amended, supplemented or otherwise modified prior to the date of the Agreement, all such agreements being collectively referred to hereinafter as the “Prior Agreements”), (i) hereby consents to this Agreement and the transactions contemplated thereby, (ii) hereby ratifies and reaffirms all of its remaining payment and performance obligations, contingent or otherwise, if any, under each of the Financing such Loan Documents (as modified and/or restated by this Agreement) to which it is a party party, (after giving effect hereto) and (iiiii) to the extent such Credit Loan Party granted liens on or security interests in any of its property properties pursuant to any such Financing Document as Loan Documents, hereby ratifies and reaffirms such grant of security for and confirms that such liens and security interests continue to secure the Obligations, including, without limitation, all additional Obligations resulting from or otherwise incurred pursuant to the Agreement and the Restated Credit Agreement and (iv) to the extent such Loan Party guaranteed the Borrowers’ Obligations under or was an accommodation party with respect to the Financing DocumentsObligations or any portion thereof, hereby ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power guaranties or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligationsaccommodation liabilities.

Appears in 1 contract

Samples: Credit Agreement (SFX Entertainment, INC)

Reaffirmation. Each Credit Party hereby reaffirms each and every covenant, condition, obligation and provision set forth in the Credit Documents, as modified hereby. Each Credit Party has executed and delivered one or more of the Credit Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity Documents in which such Credit Party grants has granted liens or security interests in certain of its property or otherwise acts as accommodation party or guarantor, as the case may be, property. Each Credit Party hereby (i) ratifies and reaffirms all of its respective payment and performance obligations, contingent or otherwise, under each any DIP Order and under any of the Financing Credit Documents to which it is a party (after giving effect hereto) and (ii) and, to the extent such Credit Party has granted liens on or security interests in any of its property pursuant to any such Financing Document DIP Order or any of the Credit Documents as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing DocumentsObligations, each Credit Party hereby ratifies and reaffirms such guarantee payment and performance obligations, grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended herebyowed to any of the Secured Parties and any of their successors and assignees. Each Credit Party agrees that each DIP Order and each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of agrees that this Amendment shall not (a) operate as a waiver of any right, power or remedy of any of the Agent Secured Parties under any DIP Order or Lenders any of the Credit Documents or (b) constitute a waiver of any provision of any DIP Order or any of the Financing Credit Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Movie Gallery Inc)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto), (ii) each of the Loan Parties hereby represents and warrants that, to such Loan Party’s tknowledge, as of the date hereof, it neither has nor claims any offsets or defenses to the Obligations, and has no other claims or causes of action against any of the Lenders or the Administrative Agent, and (iiiii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment Limited Waiver and acknowledges that each of the Financing Loan Documents remains in full force and effect (after giving effect hereto) and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Limited Waiver shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or the Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. 17.

Appears in 1 contract

Samples: Under Loan Agreement (Spark Networks SE)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as an accommodation party or a guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed any of the Borrowers’ Obligations under or with respect to the Financing DocumentsObligations, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Second Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Second Amendment shall not serve to effect a novation of the Obligations or, except to the extent specifically provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders any Lender or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsLoan Documents.

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

Reaffirmation. Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. In furtherance of the foregoing, each of the Loan Parties party hereto hereby irrevocably and unconditionally ratifies its guarantee of the Obligations and grant of security interest and pledge under the Guaranty and Security Agreement and each Loan Document and confirms that the liens, security interests and pledges granted thereunder continue to secure the Obligations, including, without limitation, any additional Obligations resulting from or incurred pursuant to this Amendment. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgormortgagor, xxxxxxx, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor, or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests interest and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each For the avoidance of doubt, (i) the ratification and reaffirmation by the Loan Parties in this Section 12 shall not constitute a new grant of security interests and (ii) the consent of the Credit Loan Parties hereby consents to (other than the Borrower Agent) is not required for this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsAmendment.

Appears in 1 contract

Samples: Credit Agreement (Team Inc)

Reaffirmation. Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. In furtherance of the foregoing, each of the Loan Parties party hereto hereby irrevocably and unconditionally ratifies its grant of security interest and pledge under the Guaranty and Security Agreement and each Loan Document and confirms that the liens, security interests and pledges granted thereunder continue to secure the Obligations, including, without limitation, any additional Obligations resulting from or incurred pursuant to this Amendment. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgormortgagor, xxxxxxx, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor, or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests interest and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each For the avoidance of doubt, (i) the ratification and reaffirmation by the Loan Parties in this Section 10 shall not constitute a new grant of security interests and (ii) the consent of the Credit Loan Parties hereby consents to (other than the Borrower Agent) is not required for this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsAmendment.

Appears in 1 contract

Samples: Credit Agreement (Team Inc)

Reaffirmation. Each of the Credit Parties that is a party hereto, Borrowers as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Borrower grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Borrower granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Borrowers hereby consents to this Fifth Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Fifth Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Vse Corp)

Reaffirmation. Each of the Credit Parties that is a party hereto, Borrowers as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Borrower grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Borrower granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Borrowers hereby consents to this Sixth Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Sixth Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Vse Corp)

Reaffirmation. Each Loan Party consents to the amendment of the Credit Parties that Agreement effected hereby and confirms and agrees that, notwithstanding the effectiveness of this Fifth Amendment, each Loan Document to which such Loan Party is a party heretois, as debtorand the obligations of such Loan Party contained in the Credit Agreement, grantor, pledgor, guarantor, assignor, this Fifth Amendment or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Documents Loan Document to which it is a party (after giving effect hereto) are, and (ii) shall continue to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documentsbe, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is are hereby ratified and reaffirmedconfirmed in all respects, subject in each case, as amended by this Fifth Amendment. For greater certainty and without limiting the foregoing, each Loan Party hereby reaffirms (i) its grant to the amendmentsCollateral Agent, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy 284167903 v5 284167903 v5 for the benefit of the Agent Lenders, of a continuing security interest in and Lien upon the Collateral of such Loan Party, whether now owned or Lenders hereafter acquired or arising, and wherever located, all as provided in the Loan Documents, and further acknowledges and agrees that the Loan Documents continue to secure the Obligations, as modified pursuant to this Fifth Amendment, to the same extent as prior to giving effect to this Fifth Amendment, and (ii) its obligations under the Guaranty Agreement shall remain in full force and effect after giving effect to this Fifth Amendment and the obligations under this this Fifth Amendment constitute a waiver of any provision of any “Obligations” for purposes of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of Guarantee in accordance with the Obligationsterms therein.

Appears in 1 contract

Samples: Credit Agreement (TerrAscend Corp.)

Reaffirmation. Each of the Credit Parties that is a party heretoLoan Parties, as borrower, debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants or granted liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect heretoto this Amendment) and (ii) grants to the Administrative Agent, for the benefit of the Secured Parties (as such term is defined in the Pledge and Security Agreement), a lien on and security interest in, all of its right, title and interest in, to and under the Collateral of such Loan Party, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Obligations and, to the extent such Credit Loan Party granted liens on or a security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and guarantee, as applicable, and confirms and agrees that such security interests interests, liens and liens guarantee hereafter secure all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that that, except as amended by this Amendment, each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Osmotica Pharmaceuticals PLC)

Reaffirmation. Each of the Credit Parties that is a party heretoLoan Party, as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Person grants liens or security interests Liens in its property or otherwise acts as accommodation party or guarantor, as the case may be, in each case, pursuant to any Loan Document, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under the Credit Agreement and each of the Financing Documents other Loan Document to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Document Collateral Documents as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Loan Party hereby consents to this Amendment and acknowledges that each of the Financing Documents Credit Agreement, as amended hereby, and each other Loan Document remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers . Except as expressly set forth herein. The , the execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lender, constitute a waiver of any provision of the Credit Agreement or any of the Financing Documents (except as expressly set forth herein) other Loan Document or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (American Shared Hospital Services)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, mortgagor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Lead Arrangers, Administrative Agent, Collateral Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. SECTION 6.

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

Reaffirmation. Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. In furtherance of the foregoing, each of the Loan Parties hereto hereby irrevocably and unconditionally ratifies its grant of security interest and pledge under the Guaranty and Security Agreement and each Loan Document and confirms that the liens, security interests and pledges granted thereunder continue to secure the Obligations, including, without limitation, any additional Obligations resulting from or incurred pursuant to this Amendment. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgormortgagor, xxxxxxx, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor, or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests interest and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each For the avoidance of doubt, the Credit ratification and reaffirmation by the Loan Parties hereby consents to in this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Section 10 shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver new grant of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligationssecurity interests.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Team Inc)

Reaffirmation. Each of the Credit Parties that is a party heretoThe Company, as debtor, grantor, pledgor, guarantor, assignor, assignor or in other any other similar capacity in which such Credit Party grants the Company has granted liens or security interests in its property or otherwise acts has acted as an accommodation party or guarantor, as the case may be, in each case, pursuant to any Transaction Document, hereby (ia) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under the Purchase Agreement, this Note and each of the Financing Documents other Transaction Document to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party the Company granted liens on or security interests in any of its property pursuant to any such Financing Document the Security Agreement as security for for, or otherwise guaranteed guaranteed, the Borrowers’ Obligations under or with respect to any of the Financing Transaction Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties The Company hereby consents to this Amendment Note and acknowledges that the Note, as amended hereby, the Purchase Agreement and each of the Financing other Transaction Documents (other than the Original Note) remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers . Except as expressly set forth herein. The , the execution of this Amendment Note shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Investor, constitute a waiver of any provision of the Note, the Purchaser Agreement or any of the Financing Documents (except as expressly set forth herein) other Transaction Document or serve to effect a novation of any of the ObligationsObligations (except to the extent expressly set forth herein).

Appears in 1 contract

Samples: Security Agreement (Bloom Energy Corp)

Reaffirmation. Each of the Borrower and each other Credit Parties that is a party heretoParty, as debtor, grantor, pledgor, guarantor, assignor, assignor or in other any other similar capacity in which such Credit Party Person grants liens or or, security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under the Credit Agreement and each of the Financing other Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Person granted liens on or security interests in any of its property pursuant to any such Financing Credit Agreement or other Loan Document as security for or otherwise guaranteed the Borrowers’ Borrower's Obligations under or with respect to the Financing Credit Agreement and the other Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each Borrower hereby agrees that such liens and security interests hereafter secure all of the Obligations, in each case as if each reference in such Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Agreement or Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents obligations secured thereby are construed to hereafter mean and waivers set forth hereinrefer to such Obligations under the Credit Agreement and other Loan Documents as hereby amended and that such security interests are and shall remain perfected under applicable law. The execution of this Amendment shall not operate as a novation, waiver of any right, power or remedy of the Agent or Lenders or any Lender nor constitute a waiver of any provision of the Credit Agreement or any of the Financing Documents (other Loan Documents, except as expressly set forth herein) or serve herein and shall be limited to effect a novation of the Obligationsparticular instance expressly set forth.

Appears in 1 contract

Samples: Credit Agreement (Cherokee International Corp)

Reaffirmation. Each of the Credit Parties that is a party hereto, Borrowers as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party Borrower grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party Borrower granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Borrowers hereby consents to this Fourth Amendment and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Fourth Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Vse Corp)

Reaffirmation. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, mortgagor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each of the Credit Loan Parties hereby consents to this Amendment Agreement and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. This Agreement shall constitute a “Loan Document” and an “Incremental Term Loan Amendment” for purposes of the Amended Credit Agreement. SECTION 10.

Appears in 1 contract

Samples: Execution Version Credit Agreement (Jamf Holding Corp.)

Reaffirmation. Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. In furtherance of the foregoing, each of the Loan Parties party hereto hereby irrevocably and unconditionally ratifies its grant of security interest and pledge under the Guaranty and Security Agreement and each Loan Document and confirms that the liens, security interests and pledges granted thereunder continue to secure the Obligations, including, without limitation, any additional Obligations resulting from or incurred pursuant to this Amendment. Each of the Credit Loan Parties that is a party hereto, as debtor, grantor, pledgormortgagor, xxxxxxx, guarantor, assignor, or in other any other similar capacity in which such Credit Loan Party grants liens or security interests in its property or otherwise acts as accommodation party party, guarantor, or guarantorindemnitor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Loan Party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests interest and liens and confirms and agrees that such guarantee includes, and such security interests and liens hereafter secure secure, all of the Obligations as amended hereby. Each For the avoidance of doubt, (i) the ratification and reaffirmation by the Loan Parties in this Section 12 shall not constitute a new grant of security interests and (ii) the consent of the Credit Loan Parties hereby consents to (other than the Borrower Agent) is not required for this Amendment and acknowledges that each of the Financing Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the ObligationsAmendment.

Appears in 1 contract

Samples: Credit Agreement (Team Inc)

Reaffirmation. Each of the Credit Parties that is a party heretoReaffirming Parties, as debtorparty to the Credit Agreement and certain of the Collateral Documents and the other Loan Documents, grantorin each case as amended, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property supplemented or otherwise acts as accommodation party or guarantor, as the case may bemodified from time to time, hereby (i) ratifies acknowledges and reaffirms agrees that all of its payment obligations under the Credit Agreement, the Collateral Documents and performance obligations, contingent or otherwise, under each of the Financing other Loan Documents to which it is a party (after giving effect hereto) are reaffirmed and (ii) to the extent such Credit Party granted liens on or security interests in any of its property pursuant to any such Financing Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties hereby consents to this Amendment and acknowledges that each of the Financing Documents remains remain in full force and effect and is hereby ratified and reaffirmedon a continuous basis, subject (ii) reaffirms (A) each Lien granted by it to the amendmentsPro Rata Agent or the Collateral Agent for the benefit of the Secured Parties and (B) any guaranties made by it pursuant to the Credit Agreement, consents (iii) acknowledges and waivers set forth hereinagrees that the grants of security interests by it contained in the Collateral Documents shall remain in full force and effect after giving effect to the Fourth Amendment and that such security interests secure, and shall continue to secure following the Fourth Amendment Effective Date, the Obligations as described in the following clause (iv) and (iv) acknowledges and agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the Term A Loans and Revolving Loans under the Credit Agreement as amended by this Fourth Amendment. The execution of Nothing contained in this Fourth Amendment shall not operate be construed as a waiver of any right, power substitution or remedy of the Agent or Lenders or constitute a waiver of any provision of any of the Financing Documents (except as expressly set forth herein) or serve to effect a novation of the Obligationsobligations outstanding under the Credit Agreement or the other Loan Documents, which shall remain in full force and effect, except to any extent modified hereby.

Appears in 1 contract

Samples: Credit Agreement (Herbalife Nutrition Ltd.)

Reaffirmation. Each of the Credit Parties that is a party hereto, Party as debtor, grantor, pledgor, guarantor, assignor, or in other any other similar capacity in which such Credit Party grants liens or security interests in its property or otherwise acts as accommodation party or guarantor, as the case may be, hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Financing Loan Documents to which it is a party (after giving effect hereto) and (ii) to the extent such Credit Party credit party granted liens on or security interests in any of its property pursuant to any such Financing Loan Document as security for or otherwise guaranteed the Borrowers’ Obligations under or with respect to the Financing Loan Documents, ratifies and reaffirms such guarantee and grant of security interests and liens and confirms and agrees that such security interests and liens hereafter secure all of the Obligations as amended hereby. Each of the Credit Parties Party hereby consents to this Amendment Agreement and acknowledges that each of the Financing Loan Documents remains in full force and effect and is hereby ratified and reaffirmed, subject to the amendments, consents and waivers set forth herein. The execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Agent or Lenders or Lenders, constitute a waiver of any provision of any of the Financing Loan Documents (except as expressly set forth herein) or serve to effect a novation of the Obligations. [The remainder of this page is intentionally blank.] Signature Page to Amendment Agreement AGENT: EICF AGENT LLC By: Name: Title: Signature Page to Amendment Agreement LENDERS: ENERGY IMPACT CREDIT FUND I LP By: Name: Title:

Appears in 1 contract

Samples: Loan Agreement (Volta Inc.)

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