Acknowledgment and Restatement. (a) Pledgor hereby acknowledges, confirms and agrees that Pledgor is indebted to Pledgee and Lenders in respect of any obligations, liabilities or indebtedness for loans, advances and letter of credit accommodations to Pledgee under the Existing Loan Agreement, the Existing Security Agreement or the other Existing Financing Agreements, together with all interest accrued and accruing thereon, and all fees, costs, expenses and other charges relating thereto, all of which are unconditionally owing by Pledgor to Pledgee without offset, defense, or counterclaim of any kind, nature or description whatsoever. Pledgor hereby ratifies, assents, adopts and agrees to pay all of the Obligations arising before, on or after the date hereof.
Acknowledgment and Restatement. (a) The Borrower, each Foreign Subsidiary Borrower and each Subsidiary Guarantor hereby acknowledges, confirms and agrees that, as of the close of business on February 28, 2017, the Borrower and each Foreign Subsidiary Borrower is indebted to the Administrative Agent and the Lenders in respect of Loans under the Existing Credit Agreement in the aggregate principal amount described on Schedule 10.22 hereof.
Acknowledgment and Restatement. 14.1 [Reserved].
Acknowledgment and Restatement. (a) Each Guarantor hereby acknowledges, confirms and agrees that Guarantors are indebted to Agent and Lenders in respect of any obligations, liabilities or indebtedness for loans, advances and letter of credit accommodations to Borrowers under the Existing Loan Agreement, the Existing Guaranty or the other Existing Financing Agreements, together with all interest accrued and accruing thereon, and all fees, costs, expenses and other charges relating thereto, all of which are unconditionally owing by Guarantors to Agent without offset, defense, or counterclaim of any kind, nature or description whatsoever. Each Guarantor hereby ratifies, assents, adopts and agrees to pay all of the Obligations arising before, on or after the date hereof.
Acknowledgment and Restatement. (a) Rubatex Corporation ("Rubatex") has granted to Congress a security interest in, lien upon and pledge of, the Collateral as set forth in the Patent Collateral Assignment and Security Agreement, dated April 20, 2001, between Rubatex and Congress (the "Existing Congress Agreement"). Each of Groendyk Manufacturing Company, Inc. ("Groendyk"), OleTex Inc. ("OleTxx"), Xxdwest Rubber Custom Mixing Corp. ("Xxxxest") and Hoover-Hanes Rubber Custom Mixing Corp. ("Hoover", and together with Xxxxxxxx, XxeTex and Midwest and certain ox xxxxr affiliates, each an "Xxxxxxng Entity" and, collectively, "Existing Entities") have merged with and into Rubatex with Rubatex as the surviving corporation pursuant to the Agreement of Merger, dated on or about the date hereof, by and among Rubatex, Debtor and Existing Entities (the "Merger"). In connection with the Merger, Rubatex has changed it corporate name to RBX Industries, Inc. (the entity defined herein as "Debtor").
Acknowledgment and Restatement. (a) Pledgor has granted to Congress a security interest in, lien upon and pledge of, the Collateral as set forth in the Pledge and Security Agreement, dated April 20, 2001, between Pledgor and Congress (the "Existing Congress Agreement") with respect to the stock of each of Rubatex Corporation ("Rubatex"), Xxxxxxxx Manufacturing Company, Inc. ("Xxxxxxxx"), OleTex Inc. ("OleTex"), Midwest Rubber Custom Mixing Corp. ("Midwest"), Xxxxxx-Xxxxx Rubber Custom Mixing Corp. ("Xxxxxx"), Waltex Corporation ("Waltex"), UPR Disposition, Inc. ("UPR") and Universal Rubber Company ("Universal", and together with Rubatex, Xxxxxxxx, OleTex, Midwest, Xxxxxx, Waltex, UPR and Universal, each an "Existing Issuer" and, collectively, "Existing Issuers"). Existing Issuers (other than Rubatex) have each merged with and into Issuer with Issuer as the surviving corporation pursuant to the Agreement of Merger, dated on or about the date hereof, by and among Issuer and the Existing Issuers (the "Merger"). In connection with the Merger, Rubatex has changed it corporate name to RBX Industries, Inc. (the entity defined herein as "Issuer"). As a result of the Merger and the name change described above, the issued and outstanding shares of capital stock of each Existing Issuer have been replaced with the issued and outstanding shares of capital stock of Issuer and such stock of Issuer shall be, in all respects, considered Collateral pursuant to the Existing Congress Agreement and shall be, in all respects, subject to the terms and provisions of the Existing Congress Agreement.
Acknowledgment and Restatement. Section 2.1 Existing Obligations. Borrowers hereby acknowledge, confirm and agree that Borrowers are indebted to CIT for loans to Salant under the Existing Credit Agreement, as of the cxxxx xf business on November 27, 2001, in the approximate aggregate principal amount of ($931,637.49), together with all interest accrued and accruing thereon, plus the approximate aggregate amount of $20,018,521.79 in respect of Existing Letters of Credit, and all fees, costs, expenses and other charges payable thereunder, all of which are unconditionally owing by Borrowers to CIT, without defense, offset or counterclaim of any kind, nature or description whatsoever.
Acknowledgment and Restatement. (a) Debtor has granted to Congress a security interest in and lien upon the Collateral pursuant to the Trademark Collateral Assignment and Security Agreement, dated April 20, 2001, between Debtor and Congress (the "Existing Congress Agreement"). RBX Group, Inc. ("RBX Group") has merged with and into Debtor with Debtor as the surviving corporation pursuant to the Agreement of Merger, dated on or about the date hereof, by and among RBX Group, Debtor and certain of their affiliates (the "Merger").
Acknowledgment and Restatement. (a) Each Obligor hereby acknowledges, confirms and agrees that: (i) the Existing Intercompany Agreement has been duly executed and delivered by Obligors and is in full force and effect as of the date hereof; (ii) the agreements and obligations of Obligors contained in the Existing Intercompany Agreement constitute legal, valid and binding obligations of Obligors enforceable against it in accordance with the terms thereof, and Obligors have no valid defense, offset or counterclaim to the enforcement of such obligations; and (iii) Agent, Lenders and Bank Product Provider are entitled to all of the rights, remedies and benefits provided for in the Existing Intercompany Agreement.
Acknowledgment and Restatement. (a) (i) Each Loan Party hereby acknowledges, confirms and agrees that the Administrative Agent has and shall continue to have a security interest in and lien or hypothec upon the Collateral heretofore granted to Administrative Agent pursuant to the Existing Credit Agreement and the other Loan Documents (as defined in the Existing Credit Agreement) to secure the Canadian Finance Obligations and/or the U.S. Finance Obligations (as the case may be), as well as any Collateral granted under this Agreement or under any of the other Loan Documents, as if (solely for purposes of any deed of hypothec entered into by a Loan Party) such Loan Party obligated itself again as provided in Article 2797 of the Civil Code.
