Acknowledgement of Indebtedness. 2.1 The Company and the Subscriber acknowledge and agree that the Company is indebted to the Subscriber in the amount of the Outstanding Amount.
Acknowledgement of Indebtedness. Subject to the terms of this Deed and the relevant Supplementary Terms Notice, each Note constitutes an independent and separate acknowledgement to the relevant Noteholder by the Trustee of its indebtedness as trustee of that Trust for the Invested Amount of that Note together with the other rights given to Noteholders under this Deed, the Supplementary Terms Notice, the Security Trust Deed and the Note Trust Deed relating to that Trust and the Conditions relating to each Note.
Acknowledgement of Indebtedness. 1.1 The Company acknowledges and agrees that it is indebted to the Creditor in the amount of the Indebtedness.
Acknowledgement of Indebtedness. 2.1 The Company and the Subscriber acknowledge and agree that the Company is indebted to the Subscriber in the amount of the Outstanding Amount. The parties acknowledge and agree that the Secured Loan is in default and the Subscriber has provided the Company with a notice of default under the Secured Loan and the Subscriber has agreed to accept the Shares in consideration of all amounts owing under the Secured Loan and has further agreed to settle all amounts owing under the Unsecured Loans for no consideration.
Acknowledgement of Indebtedness. 50 10.2 Legal nature of Notes .................................................................................. 50 10.3
Acknowledgement of Indebtedness. The Administrative Agent and the Lenders hereby expressly reserve all rights, remedies, and claims under the Loan Documents. Except as expressly provided herein with respect to the Forbearance Defaults, nothing in this Forbearance Agreement shall constitute a waiver or relinquishment of (i) any Default or Event of Default under any of the Loan Documents, (ii) any of the agreements, terms or conditions contained in any of the Loan Documents, (iii) any rights or remedies of any Secured Party with respect to the Loan Documents, or (iv) the rights of any Secured Party (as defined in the Security Agreement) to collect the full amounts owing to them under the Loan Documents.
Acknowledgement of Indebtedness. (i) Absent the Limited Waiver set forth herein, the Anticipated Events of Default would be likely to occur and, if any Anticipated Event of Default were to occur, the Obligors would not likely be able to cure it and such Anticipated Event of Default would continue to exist; (ii) the Indebtedness are valid and enforceable against Obligors; and (iii) neither Lenders nor Agent has unconditionally waived in any respect any or all of such Anticipated Events of Default or its respective rights and remedies with respect thereto except as specifically set forth herein, and but for the Limited Waiver, Obligors have no defenses whatsoever to the exercise of any rights and remedies by Agent or Lenders, and each Obligor waives any and all further notice, presentment, notice of dishonor or demand with respect to the same.
Acknowledgement of Indebtedness. As of June 28, 2016, the Borrower acknowledges and agrees that the Borrower is indebted to Healthtronics under the Promissory Notes in the aggregate principal amount of $5,372,743 plus accrued and unpaid interest since March 31, 2015. The Borrower acknowledges and agrees that it owes the amounts referred to above without defense, right of offset, set off, or counterclaims.
Acknowledgement of Indebtedness. The Borrower and each other Obligor acknowledges that on the date hereof all outstanding Indebtedness is payable in accordance with their terms of the Loan Documents and the Borrower and each Obligor waives any defense, offset, counterclaim or recoupment with respect thereto. The Administrative Agent, on behalf of the Lenders, hereby expressly reserves all rights, remedies, and claims under the Loan Documents. Except as expressly provided herein with respect to the Forbearance Defaults, nothing in this Third Forbearance Agreement shall constitute a waiver or relinquishment of (i) any Default or Event of Default under any of the Loan Documents, (ii) any of the agreements, terms or conditions contained in any of the Loan Documents, (iii) any rights or remedies of any Secured Party with respect to the Loan Documents, or (iv) the rights of any Secured Party (as defined in the Security Agreement) to collect the full amounts owing to them under the Loan Documents.
Acknowledgement of Indebtedness. Borrower confirms that, and by its execution hereof, Lender confirms that, to its actual knowledge: (a) as of October 19, 2015, 2015, the outstanding principal balance of the Note was $35,913,625.52, and (b) and the following escrow and reserve balances are being held by Lender: (i) a tax escrow balance of $408,107.88; (ii) an insurance escrow balance of $261,705.61, (iii) a required violation removal reserve balance of $33,193.22, (iv) a leasing reserve balance of $643,037.73, (v) an office replacement reserve balance of $128,607.82, (vi) a residential replacement reserve balance of $16,326.25, and (vii) an immediate repair reserve balance of $41,336.87. In the event of any error in, or omission from, the foregoing, Lender shall not be prejudiced, limited, or estopped, in any way in its right to charge, collect and receive any and all monies lawfully due Lender under the Loan Documents. Borrower acknowledges and agrees that the Loan, as evidenced and secured by the Note and the other Loan Documents, is a valid and existing indebtedness payable by Borrower to Lender.