Common use of Supersedes Prior Agreements; Counterparts Clause in Contracts

Supersedes Prior Agreements; Counterparts. This Agreement and the instruments referred to herein supersede and incorporate all representations, promises and statements, oral or written, made by Lender in connection with the Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of Lender. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 3 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

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Supersedes Prior Agreements; Counterparts. This Agreement and the instruments referred to herein supersede and incorporate all representations, promises promises, and statements, oral or written, made by Lender the Lenders in connection with the Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of Lenderthe Lenders and the Borrower. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 3 contracts

Samples: Master Loan and Security Agreement, Master Loan and Security Agreement (iPic Entertainment Inc.), Master Loan and Security Agreement (iPic Entertainment Inc.)

Supersedes Prior Agreements; Counterparts. This Agreement and the instruments referred to herein supersede and incorporate all representations, promises promises, and statements, oral or written, made by Lender in connection with the Term Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of Lenderthe Lender and the RD. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 3 contracts

Samples: Term Loan Agreement (Adcare Health Systems Inc), Term Loan Agreement (Adcare Health Systems Inc), Term Loan Agreement (Cyanotech Corp)

Supersedes Prior Agreements; Counterparts. This Agreement and the instruments Loan Documents referred to herein supersede and incorporate all representations, promises promises, and statements, oral or written, made by Lender in connection with the Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of the Lender. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 3 contracts

Samples: Loan Agreement (Boddie Noell Properties Inc), Loan Agreement (Boddie Noell Properties Inc), Loan Agreement (Medcath Inc)

Supersedes Prior Agreements; Counterparts. This Agreement Agreement, the other Loan Documents and the instruments referred to herein and therein supersede and incorporate all representations, promises promises, and statements, oral or written, made by Lender in connection with the Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of Lender. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 2 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Supersedes Prior Agreements; Counterparts. This Agreement and the instruments Loan Documents referred to herein supersede and incorporate all representations, promises promises, and statements, oral or written, made by Lender Secured Party in connection with the Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of Lendereach of Secured Party and Borrowers. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 2 contracts

Samples: Security Agreement (Adcare Health Systems Inc), Security Agreement (Adcare Health Systems Inc)

Supersedes Prior Agreements; Counterparts. This Agreement and the instruments referred to herein supersede and incorporate all representations, promises and statements, oral or written, made by Lender in connection with the Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of LenderLender and Borrower, respectively. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

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Supersedes Prior Agreements; Counterparts. This Agreement and the instruments referred to herein supersede and incorporate all representations, promises and statements, oral or written, made by Lender in connection with the Loan, specifically including, without limitation, the Original Loan AgreementLoans. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of Lender. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Supersedes Prior Agreements; Counterparts. This Agreement and the instruments referred to herein supersede and incorporate all representations, promises promises, and statements, oral or written, made by Lender the parties in connection with the Loan, specifically including, without limitation, the Original Loan Agreementtransactions contemplated hereby. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of Lendereach party thereto. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 1 contract

Samples: Participation Agreement (Alterra Healthcare Corp)

Supersedes Prior Agreements; Counterparts. This Agreement and the instruments referred to herein supersede and incorporate all representations, promises promises, and statements, oral or written, made by Lender in connection with the Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of Lender. This Agreement may be executed in any number of 49 counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 1 contract

Samples: Loan Agreement (Sunrise Senior Living Inc)

Supersedes Prior Agreements; Counterparts. This Agreement and the instruments referred to herein supersede and incorporate all representations, promises promises, and statements, oral or written, made by Lender in connection with the Term Loan, specifically including, without limitation, the Original Loan Agreement. This Agreement may not be varied, altered, or amended except by a written instrument executed by an authorized officer of LenderLender and the RD. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument.

Appears in 1 contract

Samples: Term Loan Agreement (Cyanotech Corp)

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