CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS Sample Clauses

CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS. (Fifth Amendment to Amended and Restated Uncommitted Master Shelf Agreement) The undersigned Guarantors hereby consent to the terms of the above Fifth Amendment and the transactions contemplated thereby and confirm that the guarantees granted by each of the undersigned to or for the benefit of the holders of Notes are in full force and effect. Without limiting the generality of the foregoing, the undersigned acknowledge that the “Obligations” guaranteed by the undersigned pursuant to the respective guarantees executed by each of the undersigned include, without limitation, all obligations of the Corporation to the holders of Notes under the Master Shelf Agreement as so amended, and all Notes now outstanding or hereafter issued under the Master Shelf Agreement. For certainty, each reference to “Master Shelf Agreement” in each such guarantee executed by the undersigned shall include the Master Shelf Agreement as defined in this Fifth Amendment, as amended by this Fifth Amendment, and as hereafter further amended, further restated, or supplemented, modified or replaced from time to time. Dated as of April 14, 2012. ARC RESOURCES GENERAL PARTNERSHIP, by its manager, ARC RESOURCES LTD. 1504793 ALBERTA LTD. Per: ("Signed") Per: ("Signed") Name: Xxx Xxxxx Title: Senior Vice-President, Finance Name: Xxx Xxxxx Title: Senior Vice-President, Finance
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CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS. (Fourth Amending Agreement to December 2, 2010 Note Purchase Agreement) The undersigned Guarantors hereby consent to the terms of the above Agreement and the transactions contemplated thereby and confirm that the guarantees and other security documents granted by each of the undersigned to or for the benefit of the holders of Notes are in full force and effect. Without limiting the generality of the foregoing, the undersigned acknowledge that the “Guaranteed Obligations” guaranteed by the undersigned pursuant to the respective guarantees executed by each of the undersigned include, without limitation, all obligations of the Company to the holders of Notes under the Note Agreement as so amended, and all Notes now outstanding or hereafter issued under the Note Agreement. For certainty, each reference to “Note Purchase Agreement” in each such guarantee executed by the undersigned shall include the Note Agreement as defined in this Agreement, as amended by this Agreement, and as hereafter further amended, further restated, or supplemented, modified or replaced from time to time. Dated as of ______________, 2018. OBSIDIAN ENERGY PARTNERSHIP, by its managing partner, Obsidian Energy Ltd.
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CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS. (First Amending Agreement to March 16, 2010 Note Agreement) The undersigned Guarantors hereby consent to the terms of the above Agreement and the transactions contemplated thereby and confirm that the guarantees and other security documents granted by each of the undersigned to or for the benefit of the holders of Notes are in full force and effect. Without limiting the generality of the foregoing, the undersigned acknowledge that the “Guaranteed Obligations” guaranteed by the undersigned pursuant to the respective guarantees executed by each of the undersigned include, without limitation, all obligations of the Company to the holders of Notes under the Note Agreement as so amended, and all Notes now outstanding or hereafter issued under the Note Agreement. For certainty, each reference to “Note Purchase Agreement” in each such guarantee executed by the undersigned shall include the Note Agreement as defined in this Agreement, as amended by this Agreement, and as hereafter further amended, further restated, or supplemented, modified or replaced from time to time. Dated as of December 2, 2010. TROCANA RESOURCES INC. PENN WEST PETROLEUM, by its managing partner, Penn West Petroleum Ltd.
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CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS. The undersigned Guarantors hereby consent to the terms of the above First Amendment to Amended and Restated Credit Agreement and the transactions contemplated thereby and confirm that the Guarantees dated as of May 27, 2010 executed by each of the undersigned in favour of the Agent on behalf of the Lenders are in full force and effect as amended herein. Without limiting the generality of the foregoing, the Guarantors acknowledge that the “Obligations” guaranteed by the Guarantors pursuant to the said Guarantees executed by the respective Guarantors include, without limitation, all obligations of the Borrower to the ARC Lenders (as defined in such Guarantees) under the Credit Agreement (as defined in the above Agreement) as so acknowledged and amended, under all Swap Agreements and under the Working Capital Agreement. Each undersigned Guarantor agrees that its respective Guarantee is hereby amended by inserting the following as a new Section 26 thereof.
Sample 1
CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS. The undersigned, as the Guarantors of the Indebtedness, as defined above, pursuant to those certain Guaranty Agreements dated October 31, 2000, hereby acknowledge, consent and ratify the amendments of the Note, the Mortgages, Loan Agreement and the other Loan Documents as evidenced by the terms hereof and the Restated Revolving Note. In addition, the undersigned acknowledge that the modification of the Revolving Note, Mortgages, Loan Agreement and other Loan Documents as set forth herein and in the Restated Revolving Note shall in no way affect or impair his or its liability under the Guaranty Agreements, which now guarantee the repayment of the sums due under the Restated Revolving Note, nor shall such modifications affect or impair the validity of any other document given as security for the Restated Revolving Note. STATE OF KENTUCKY ) ) SS: COUNTY OF JEFFERSON ) The The foregoing instrument was acknowledged before me this 29th day of May, 2003 by X.X. Xxxxxxx. Notary Public My commission expires April 27, 0000 XXXXXXXXXXXX XX XXXXXXXX ) ) SS: COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this 16th day of May, 2003, by Xxxx X. Xxxxxxxx , Secretary/Treasurer of NTS Mortgage Income Fund, a Delaware corporation, for and on behalf of said corporation. NOTARY PUBLIC My commission expires April 27, 2006
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CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS. The undersigned guarantors hereby consent to the terms of the above First Amending Agreement to the Credit Agreement and the transactions contemplated thereby and confirm that the guarantees and other documents granted by each of the undersigned to the Agent on behalf of the Lenders in connection with the Credit Agreement and to the Operating Lender in connection with the Operating Credit Agreement are in full force and effect. Without limiting the generality of the foregoing, the undersigned guarantors acknowledge that the “Obligations” guaranteed by the guarantors pursuant to the guarantees executed by each of the guarantors include, without limitation, all obligations of the Borrower under the Amended Credit Agreement. Dated as of October 2, 2006. PENGROWTH ENERGY TRUST, by its trustee, Computershare Trust Company of Canada By: Title: /s/ By: Title: PENGROWTH HOLDINGS TRUST, by its trustee, PENGROWTH CORPORATION By: Title: /s/ Cxxxx Xxxxxxx, Chief Financial Officer PENGROWTH ENERGY PARTNERSHIP, by its general partner, STELLAR RESOURCES LIMITED By: Title: /s/ Cxxxx Xxxxxxx, Chief Financial Officer PENGROWTH HEAVY OIL PARTNERSHIP, by its general partner, STELLAR RESOURCES LIMITED By: Title: /s/ Cxxxx Xxxxxxx, Chief Financial Officer STELLAR RESOURCES LIMITED By: Title: /s/ Cxxxx Xxxxxxx, Chief Financial Officer CRISPIN ENERGY PARTNERSHIP, by its managing partner, STELLAR RESOURCES LIMITED By: Title: /s/ Cxxxx Xxxxxxx, Chief Financial Officer 1268071 ALBERTA LTD. By: Title: /s/ Cxxxx Xxxxxxx, Vice-President 3174792 NOVA SCOTIA COMPANY By: Title: /s/ Cxxxx Xxxxxxx, Vice-President 3174793 NOVA SCOTIA COMPANY By: Title: /s/ Cxxxx Xxxxxxx, Vice-President CXXXXX CREEK OPERATING PARTNERSHIP, by its managing partner, 3174792 NOVA SCOTIA COMPANY By: Title: /s/ Cxxxx Xxxxxxx, Vice-President
Sample 1
CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS. The undersigned Guarantors have read and reviewed the foregoing Loan Agreement between APLD GPU-01, LLC and Cornerstone Bank, consent to the Loan Agreement, and agree to provide the Guaranties referenced in the Loan Agreement as a condition of the Loan Agreement. But for the Guaranties of the Guarantors, Lender would not enter into this Loan Agreement with Borrower. This Consent and Acknowledgement is signed and effective this 28th day of February, 2024. GUARANTORS APPLIED DIGITAL CORPORATION By: /s/Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx Its: Chief Executive Officer and Secretary APLD HOSTING, LLC By: /s/Xxxxx Xxxxx Xxxxx Xxxxx Its: Manager SAI COMPUTING, LLC By: /s/Xxxxx Xxxxx Xxxxx Xxxxx Its: Manager 20 EXHIBIT A REAL PROPERTY EXHIBIT B PERSONAL PROPERTY 22 EXHIBIT C NOTE EXHIBIT D MORTGAGE 24 EXHIBIT E SECURITY AGREEMENT 25 EXHIBIT F-1 CONTRACT ASSIGNMENTS EXHIBIT F-2 EXHIBIT G GUARANTIES
Sample 1
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CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS. The undersigned guarantors hereby consent to the terms of the above Fifth Amended and Restated Credit Agreement (the “Amended Credit Agreement”) and the transactions contemplated thereby and confirm that the Loan Party Guarantee and the Subordination Agreement to which each of the undersigned is a party each remain in full force and effect. Without limiting the generality of the foregoing, the guarantors acknowledge that the “Obligations” guaranteed pursuant to the Loan Party Guarantee include, without limitation, all obligations of the Borrower under the Amended Credit Agreement. Dated as of June 15, 2007. PENGROWTH ENERGY TRUST, by its trustee, COMPUTERSHARE TRUST COMPANY OF CANADA PENGROWTH HOLDINGS TRUST, by its trustee, PENGROWTH CORPORATION
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Related to CONSENT AND ACKNOWLEDGEMENT OF GUARANTORS

  • Acknowledgement and Reaffirmation By their execution hereof, each Borrower and the Guarantor hereby expressly (a) consents to this Amendment and to the amendments to the Credit Agreement set forth herein, (b) acknowledges that the covenants, representations, warranties and other obligations set forth in the Credit Agreement, the Notes and the other Loan Documents to which such Borrower or the Guarantor is a party remain in full force and effect (it being understood and agreed that to the extent any such covenants, representations, warranties or other obligations are expressly modified herein, such covenants, representations, warranties or obligations shall continue in full force and effect as expressly modified herein) and (c) acknowledges and agrees that this Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

  • Consent of Guarantor Each Guarantor shall execute the Consent of Guarantor set forth below.

  • Consent of Guarantors Each of the Guarantors shall have executed and delivered to the Agent the Consent.

  • Acknowledgment of Guarantors The Guarantors acknowledge and consent to all of the terms and conditions of this Amendment and agree that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge the Guarantors’ obligations under the Credit Documents.

  • Reaffirmation of Guaranty The Guarantors hereby ratify and affirm all of the terms, covenants, conditions and obligations of the Guaranty and acknowledge and agree that the term “Obligations” as used in the Guaranty shall apply to all of the Obligations of Seller to Buyer under the Repurchase Agreement, as amended hereby.

  • Reaffirmations and Acknowledgments Each Guarantor consents to the execution and delivery by the Borrower of this Amendment and jointly and severally ratifies and confirms the terms of its Guaranty with respect to the Debt now or hereafter outstanding under the Credit Agreement as amended hereby and all promissory notes issued thereunder. Each Guarantor acknowledges that, notwithstanding anything to the contrary contained herein or in any other document evidencing any Debt of the Borrower to the Lenders or any other obligation of the Borrower, or any actions now or hereafter taken by the Lenders with respect to any obligation of the Borrower, its Guaranty (i) is and shall continue to be a primary obligation of such Guarantor, (ii) is and shall continue to be an absolute, unconditional, joint and several, continuing and irrevocable guaranty of payment, and (iii) is and shall continue to be in full force and effect in accordance with its terms. Nothing contained herein to the contrary shall release, discharge, modify, change or affect the original liability of the Guarantors under the Guaranties.

  • Consent and Reaffirmation Each Subsidiary Guarantor hereby consents to this Amendment and the transactions contemplated hereby, and each Loan Party hereby (a) agrees that, notwithstanding the effectiveness of this Amendment, the Guarantee and Collateral Agreement and each of the other Security Documents continue to be in full force and effect, (b) confirms its guarantee of the Obligations (with respect to each Subsidiary Guarantor) and its grant of a security interest in its assets as Collateral therefor, all as provided in the Loan Documents as originally executed and (c) acknowledges that such guarantee and/or grant continue in full force and effect in respect of, and to secure, the Obligations under the Credit Agreement (as amended hereby) and the other Loan Documents.

  • Reaffirmation of Guaranties The Credit Parties signatory hereto hereby reaffirm their Guaranties of the Obligations, taking into account the provisions of this Amendment.

  • ACKNOWLEDGEMENT AND CONSENT The Company is a party to the Company Collateral Documents, in each case as amended through the date hereof, pursuant to which the Company has created Liens in favor of the Agent on certain Collateral to secure the Obligations. The Parent Guarantor is a party to the Parent Collateral Documents, in each case as amended through the date hereof, pursuant to which the Parent Guarantor has created Liens in favor of the Agent on certain Collateral and pledged certain Collateral to the Agent to secure the Obligations of the Parent Guarantor. Certain Subsidiaries of the Company are parties to the Subsidiary Guaranty and/or one or more of the Subsidiary Collateral Documents, in each case as amended through the date hereof, pursuant to which such Subsidiaries have (i) guarantied the Obligations and/or (ii) created Liens in favor of the Agent on certain Collateral. The Company, the Parent Guarantor and such Subsidiaries are collectively referred to herein as the "Credit Support Parties", and the Company Collateral Documents, the Parent Collateral Documents, the Subsidiary Guaranty and the Subsidiary Collateral Documents are collectively referred to herein as the "Credit Support Documents". Each Credit Support Party hereby acknowledges that it has reviewed the terms and provisions of the Credit Agreement as amended by this Amendment and consents to the amendment of the Credit Agreement effected as of the date hereof pursuant to this Amendment. Each Credit Support Party acknowledges and agrees that any of the Credit Support Documents to which it is a party or otherwise bound shall continue in full force and effect. Each Credit Support Party hereby confirms that each Credit Support Document to which it is a party or otherwise bound and all Collateral encumbered thereby will continue to guaranty or secure, as the case may be, the payment and performance of all obligations guaranteed or secured thereby, as the case may be. Each Credit Support Party (other than the Company and the Parent Guarantor) acknowledges and agrees that (i) notwithstanding the conditions to effectiveness set forth in this Amendment, such Credit Support Party is not required by the terms of the Credit Agreement or any other Loan Document to consent to the amendments to the Credit Agreement effected pursuant to this Amendment and (ii) nothing in the Credit Agreement, this Amendment or any other Loan Document shall be deemed to require the consent of such Credit Support Party to any future amendments to the Credit Agreement.

  • Affirmation of Guarantors Each Guarantor hereby approves and consents to this Agreement and the transactions contemplated by this Agreement and agrees and affirms that its guarantee of the Obligations continues to be in full force and effect and is hereby ratified and confirmed in all respects and shall apply to the Credit Agreement, as amended hereby, and all of the other Loan Documents, as such are amended, restated, supplemented or otherwise modified from time to time in accordance with their terms.

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