Borrower's Acknowledgment. Each Purchaser acknowledges and agrees that the Contractor is authorized to act in accordance with the Administrative Agent's exercise of the Borrower's rights in accordance with this Consent, and that the Contractor shall bear no liability to any Purchaser in connection therewith.
Borrower's Acknowledgment. By signing below, the Borrower (a) acknowledges, consents and agrees to the execution, delivery and performance by the Guarantors of this Fifth Amendment, (b) acknowledges and agrees that its obligations in respect of the Guaranty Agreement (i) are not released, diminished, waived, modified, impaired or affected in any manner by this Fifth Amendment or any of the provisions contemplated herein, (c) ratifies and confirms its obligations under the Guaranty Agreement, and (d) acknowledges and agrees that it has no claims or offsets against, or defenses or counterclaims to, its obligations under the Loan Agreement. 7. EXECUTION
Borrower's Acknowledgment. The Borrower acknowledges and agrees that the Contracting Party is authorized to act in accordance with the Agent’s exercise of the Borrower’s rights in accordance with this Consent, and the Contracting Party may rely on any notice or instruction by the Agent in the purported exercise of the Agent’s rights and remedies hereunder.
Borrower's Acknowledgment. Borrower hereby consents to this Agreement, agrees to abide by the terms hereof, agrees to make no payments or distributions contrary to the terms and provisions hereof and to do every act and thing necessary to carry out such terms and provisions.
Borrower's Acknowledgment. Each Borrower acknowledges and agrees that the Banks and the Agent may share with each other information with respect to such Borrower and its Subsidiaries, the performance of such Borrower and its Subsidiaries under this Agreement, and the business, operations and financial condition of such Borrower and its Subsidiaries.
Borrower's Acknowledgment. By signing below, the Borrower (a) acknowledges, consents and agrees to the execution, delivery and performance by the Guarantors of this Second Amendment, (b) acknowledges and agrees that its obligations in respect of the Guaranty Agreement (i) are not released, diminished, waived, modified, impaired or affected in any manner by this Second Amendment or any of the provisions contemplated herein, (c) ratifies and confirms its obligations under the Guaranty Agreement, and (d) acknowledges and agrees that it has no claims or offsets against, or defenses or counterclaims to, its obligations under the Loan Agreement.
Borrower's Acknowledgment. Each Borrower hereby consents to the foregoing Subordination Agreement (and the terms thereof) and agrees to abide thereby and to keep, observe and perform the several matters and things therein intended to be kept, observed and performed by each, and specifically agrees not to make any payments contrary to the terms of said Agreement. A breach of any of the terms and conditions of this consent shall constitute an “Event of Default” under the Financing Agreement. Each Borrower agrees that unless the Senior Lenders shall have given their prior written consent thereto, such Borrower shall not consent or agree to any modification, amendment or waiver of the undertaking of Junior Creditor set forth in the last sentence of Section 10.20 of the Junior Credit Agreement, as in effect on the date hereof. MTM TECHNOLOGIES, INC. By: /s/ Name: X.X. Xxxxxxxx, III Title: Senior Vice President and Chief Financial Officer MTM TECHNOLOGIES (US), INC. By: /s/ Name: X.X. Xxxxxxxx, III Title: Senior Vice President and Chief Financial Officer MTM TECHNOLOGIES, INC (MASSACHUSETTS), LLC By: /s/ Name: X.X. Xxxxxxxx, III Title: Senior Vice President and Chief Financial Officer INFO SYSTEMS, INC. By: /s/ Name: X.X. Xxxxxxxx, III Title: Senior Vice President and Chief Financial Officer Signature Page Acknowledgment to Subordination Agreement
Borrower's Acknowledgment. The Borrower acknowledges that it has read and understands this Agreement and has been advised by counsel of its choice with respect to this Agreement and the transactions evidenced by this Agreement or has knowingly waived its right to such counsel.
Borrower's Acknowledgment. Borrower hereby acknowledges and agrees to the terms of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] EXECUTED as of the date set out in the Preamble. SENIOR LENDER: NEWTON ENERGY, INC. By: /s/ James X. Xxrna ------------------------------------------- Name: James J. Cerna Title: Manager SUBORDINATED LENDER: BASELINE CAPITAL, INC. By: /s/ Karl J. Reiter ------------------------------------------- Karl J. Reiter, President BORROWER: BARON ENERGY, INC. By: /s/ Lisa P. Hamilton ------------------------------------------- Name: Lisa P. Hamilton Title: Executive Vxxx Xxxxxxxxx xxd CFO
Borrower's Acknowledgment. Borrowers hereby acknowledge that they have read and fully understand and accept this Agreement and each and every provision hereof. Borrowers further acknowledge that they have had a full and adequate opportunity to have this Agreement reviewed by attorneys of their choosing and by all such other professionals of their choosing as Borrowers have deemed appropriate.
