References, etc. On and after the Effective Date, (a) each reference in the Loan Agreement to "this Agreement," "hereunder," "hereof," "herein," or words of like import shall mean and be a reference to the Loan Agreement as amended hereby, and (b) each reference to the Loan Agreement in all other Financing Agreements shall mean and be a reference to the Loan Agreement as amended hereby. Except as otherwise provided herein, the Loan Agreement, all other Financing Agreements, all covenants, representations and warranties made therein, and all other documents, instruments and agreements executed or delivered in connection therewith, shall remain in full force and effect, and are hereby reaffirmed, ratified and confirmed. The execution, delivery and effectiveness of this Agreement and the Amendment Documents shall not, except as specifically stated herein, (a) amend the Loan Agreement or any other Financing Agreement, (b) operate as a waiver of any right, power or remedy of Bank, or (c) constitute a waiver of, or consent to any departure from, any provision of the Loan Agreement, any Financing Agreement or any other documents, instruments and agreements executed or delivered in connection therewith. Each Obligor acknowledges and agrees that: (a) as of the date hereof (and, if different, also as of the Effective Date), such Obligor has no defenses, claims or set-offs to the payment of the Liabilities or to the enforcement of the Liabilities, the Loan Agreement or any of the other Financing Agreements; and (b) the Liens granted to Bank by such Obligor are and remain valid perfected Liens in the assets of such Obligor securing the payment and performance of the Liabilities. This Agreement and the Amendment Documents shall be deemed Financing Agreements for the purposes of the Loan Agreement.
Appears in 3 contracts
Sources: Loan and Security Agreement (Teavana Holdings Inc), Loan and Security Agreement (Teavana Holdings Inc), Loan and Security Agreement (Teavana Holdings Inc)
References, etc. 8.1 On and after the Effective Date, (a) each reference in the Loan Agreement to "“this Agreement," "” “hereunder," "” “hereof," "” “herein," ” or words of like import shall mean and be a reference to the Loan Agreement as amended hereby, and (b) each reference to the Loan Agreement and the Amended Revolving Note in all other Financing Agreements shall mean and be a reference to the Loan Agreement and the Amended Revolving Note, respectively, as amended or amended and restated hereby. .
8.2 Except as otherwise provided herein, the Loan Agreement, all other Financing Agreements, all covenants, representations and warranties made therein, and all other documents, instruments and agreements executed or delivered in connection therewith, shall remain in full force and effect, and are hereby reaffirmed, ratified and confirmed. .
8.3 The execution, delivery and effectiveness of this Agreement Agreement, the Amended Revolving Note and the Amendment Documents shall not, except as specifically stated herein, (a) amend the Loan Agreement or any other Financing Agreement, (b) operate as a waiver of any right, power or remedy of Bank, or (c) constitute a waiver of, or consent to any departure from, any provision of the Loan Agreement, any Financing Agreement or any other documents, instruments and agreements executed or delivered in connection therewith. .
8.4 Each Obligor acknowledges and agrees that: (a) as of the date hereof (and, if different, also as of the Effective Date), such Obligor has no defenses, claims or set-offs to the payment of the Liabilities or to the enforcement of the Liabilities, the Loan Agreement or any of the other Financing Agreements; and (b) the Liens granted to Bank by such Obligor are and remain valid perfected Liens in the assets of such Obligor securing the payment and performance of the Liabilities. .
8.5 This Agreement Agreement, the Amended Revolving Note and the Amendment Documents shall be deemed Financing Agreements for the purposes of the Loan Agreement.
8.6 TGC has become an Obligor under the Loan Agreement and has all of the rights, benefits, duties, and obligations of an Obligor under the Loan Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Teavana Holdings Inc)
References, etc. 8.1 On and after the Effective Date, (a) each reference in the Loan Agreement to "“this Agreement," "” “hereunder," "” “hereof," "” “herein," ” or words of like import shall mean and be a reference to the Loan Agreement as amended hereby, and (b) each reference to the Loan Agreement in all other Financing Agreements Loan Documents shall mean and be a reference to the Loan Agreement as amended hereby. .
8.2 Except as otherwise provided herein, the Loan Agreement, all other Financing AgreementsLoan Documents, all covenants, representations and warranties made therein, and all other documents, instruments and agreements executed or delivered in connection therewith, shall remain in full force and effect, and are hereby reaffirmed, ratified and confirmed. .
8.3 The execution, delivery and effectiveness of this Agreement and the Amendment Documents shall not, except as specifically stated herein, (a) amend the Loan Agreement or any other Financing AgreementLoan Document, (b) operate as a waiver of any right, power or remedy of BankLender, or (c) constitute a waiver of, or consent to any departure from, any provision of the Loan Agreement, any Financing Agreement Loan Document or any other documents, instruments and agreements executed or delivered in connection therewith. , or (d) constitute a consent by Lender to the Proposed Sale or any other disposition of Collateral.
8.4 Each Obligor Borrower acknowledges and agrees that: (a) as of the date hereof (and, if different, also as of the Effective Date), such Obligor Borrower has no defenses, claims or set-offs to the payment of the Liabilities Obligations or to the enforcement of the LiabilitiesObligations, the Loan Agreement Agreement, or any of the other Financing Agreements; Loan Documents and (b) the Liens granted to Bank Lender by such Obligor Borrower are and remain valid perfected Liens in the assets of such Obligor Borrower securing the payment and performance of the Liabilities. Obligations.
8.5 This Agreement and the Amendment Documents shall be deemed Financing Agreements Loan Documents for the purposes of the Loan Agreement.
Appears in 1 contract