Third Modification Agreement definition
Examples of Third Modification Agreement in a sentence
Borrower agrees that this Third Modification Agreement and all of the covenants and agreements contained herein shall be binding upon Borrower and shall inure to the benefit of Lender and each of their respective heirs, executors, legal representatives, successors, and permitted assigns.
In the event of an inconsistency between this Third Modification Agreement and the terms of the Note or of the Liens, this Third Modification Agreement shall govern.
This Third Modification Agreement shall be construed without regard to any presumption or rule requiring that it be construed against the party causing this Third Modification Agreement or any part hereof to be drafted.
Borrower agrees to pay such costs and expenses to Lender immediately upon the execution of this Third Modification Agreement.
Nothing contained in this Third Modification Agreement is intended to or shall be construed as relieving any person or entity, whether a party to this Third Modification Agreement or not, of any of such person's or entity's obligations to Lender.
Borrower hereby confirms and agrees that Lender's security interest in all of the collateral previously pledged to Lender pursuant to the Loan Documents shall continue to secure the payment and performance of all of Borrower's Obligations to Lender, as modified by this Third Modification Agreement.
Borrower further agrees that such liens are hereby ratified and affirmed as valid and subsisting against the collateral described therein, and that this Third Modification Agreement shall in no manner vitiate, affect or impair the Note or the Liens (except as expressly modified in this Third Modification Agreement) and that such Liens shall not in any manner be waived, released, altered or modified.
The Loan Agreement and this Third Modification Agreement, together with the other Loan Documents, constitute the entire agreement and understanding among the parties relating to the subject matter hereof, and supersedes all prior proposals, negotiations, agreements and understandings relating to such subject matter.
The Loan Agreement was previously modified by that Modification Agreement dated as of February 5, 1998, that Second Modification Agreement dated as of August 13, 1998, that Third Modification Agreement dated as of April 30, 1999, that Fourth Modification Agreement dated as of August 3, 1999, that Fifth Modification Agreement dated as of November 1, 1999 and that Sixth Modification Agreement dated as of March 2, 2000.
Notwithstanding anything to the contrary contained in the Loan Agreement or the other Loan Documents, in the event of a conflict between the terms of this Third Modification Agreement (on the one hand) and the Loan Agreement or other Loan Documents (on the other hand), the terms of this Third Modification Agreement shall control.