Common use of CONTINUING VALIDITY Clause in Contracts

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Bank is relying upon Borrower’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications to the existing Obligations pursuant to this Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this Agreement.

Appears in 12 contracts

Samples: Joinder and Fourth Loan Modification Agreement (Velo3D, Inc.), Joinder and Fifth Loan Modification Agreement (CareCloud, Inc.), Joinder and Fourth Loan Modification Agreement (MTBC, Inc.)

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CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Bank is relying upon Borrower’s 's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s 's agreement to modifications to the existing Obligations pursuant to this Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue The terms of this paragraph apply not only to this Agreement, but also to all subsequent loan modification agreements.

Appears in 4 contracts

Samples: Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Bank Lender is relying upon Borrower’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender’s agreement to modifications to the existing Obligations pursuant to this Agreement Amendment in no way shall obligate Bank Lender to make any future modifications to the Obligations. Nothing in this Agreement Amendment shall constitute a satisfaction of the Obligations. It is the intention of Bank Lender and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker will be released by virtue of this AgreementAmendment.

Appears in 2 contracts

Samples: Loan and Security Agreement (Exa Corp), Loan and Security Agreement (Exa Corp)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying providing the existing Obligationswaiver set forth herein, Bank is relying upon Borrower’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications to the existing Obligations pursuant to this Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this Agreement.

Appears in 2 contracts

Samples: Waiver Agreement (Salary. Com, Inc.), Waiver Agreement (Paradigm Holdings, Inc)

CONTINUING VALIDITY. Borrower Xxxxxxxx understands and agrees that in modifying the existing Obligations, Bank is relying upon BorrowerXxxxxxxx’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications to the existing Obligations pursuant to this Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this Agreement.

Appears in 2 contracts

Samples: Joinder and Sixth Loan Modification Agreement (Molekule Group, Inc.), Joinder and Third Loan Modification Agreement (Molekule Group, Inc.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Bank is relying upon Borrower’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications to the existing Obligations pursuant to enter into this Agreement Amendment in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Agreement Amendment shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this AgreementAmendment.

Appears in 1 contract

Samples: Loan and Security Agreement (Aspen Aerogels Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Bank is relying upon Borrower’s 's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s 's agreement to modifications to the existing Obligations pursuant to this Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this Agreement.

Appears in 1 contract

Samples: Senior Loan and Security Agreement (Mavenir Systems Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Bank is relying upon Borrower’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications to the existing Obligations pursuant to enter into this Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Aspen Aerogels Inc)

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CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligationsgranting its consent as provided herein, Bank is relying upon Borrower’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications to the existing Obligations consent pursuant to this Agreement in no way shall obligate Bank to grant any future consents or make any future modifications to the ObligationsIndebtedness. Nothing in this Agreement shall constitute a satisfaction of the ObligationsIndebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing the Loan Documents, unless the party is expressly released by Bank in writing. No maker maker, endorser, or guarantor will be released by virtue of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Foundry Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Bank is relying upon Borrower’s 's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s 's agreement to make modifications to the existing Obligations pursuant to this Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this Agreement.

Appears in 1 contract

Samples: Forbearance Agreement (NMT Medical Inc)

CONTINUING VALIDITY. Borrower Xxxxxxxx understands and agrees that in modifying the existing Obligations, Bank is relying upon BorrowerXxxxxxxx’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications amendments to the existing Obligations pursuant to this Agreement in no way shall obligate Bank to make any future modifications amendments to the Obligations. Nothing in this Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Edgio, Inc.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Obligations, Bank is relying upon Borrower’s representations, warranties, and agreements, as set forth in the Existing existing Loan Documents. Except as expressly modified pursuant to this Assumption Agreement, the terms of the Existing existing Loan Documents remain unchanged and in full force and effect. Bank’s agreement to modifications to the existing Obligations pursuant to this Assumption Agreement in no way shall obligate Bank to make any future modifications to the Obligations. Nothing in this Assumption Agreement shall constitute a satisfaction of the Obligations. It is the intention of Bank and Borrower to retain as liable parties all makers of Existing existing Loan Documents, unless the party is expressly released by Bank in writing. No maker will be released by virtue of this Assumption Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement and Assumption Agreement (Motus GI Holdings, Inc.)

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