Common use of Effect of this Amendment Clause in Contracts

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 3 contracts

Samples: Intercreditor and Subordination Agreement (Latrobe Specialty Metals, Inc.), Loan and Security Agreement and Consent (Farmer Brothers Co), Loan and Security Agreement (Ico Inc)

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Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors Borrower shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aep Industries Inc), Loan and Security Agreement (Inverness Medical Innovations Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement and Consent (Farmer Brothers Co), Loan and Security Agreement and Consent (Farmer Brothers Co)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes changes, modifications or modifications waivers to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors Borrower shall not be entitled to any other or further amendment amendment, consent or consent waiver by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Inverness Medical Innovations Inc), Loan and Security Agreement (Ivc Industries Inc)

Effect of this Amendment. Except as expressly set forth amended pursuant hereto and except for the consents expressly granted herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or impliedimplied and, and in all other respects respects, the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to hereof. To the extent that any provision of the Loan Agreement or any of the other or further amendment or consent by virtue of Financing Agreements are inconsistent with the provisions of this Amendment No. 2 or with respect to 1, the subject matter provisions of this Amendment No. 2. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreementAgreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Haynes International Inc), Loan and Security Agreement (Haynes International Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors Borrower shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 3 or with respect to the subject matter of this Amendment No. 23. To the extent of conflict between the terms of this Amendment No. 2 3 and the other Financing Agreements, the terms of this Amendment No. 2 3 shall control. The Loan Agreement and this Amendment No. 2 3 shall be read and construed as one agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aep Industries Inc), Loan and Security Agreement (Inverness Medical Innovations Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Huffy Corp), Loan and Security Agreement (Pemstar Inc)

Effect of this Amendment. This Amendment No.2 and the instruments and agreements delivered pursuant hereto constitute the entire agreement of the parties with respect to the subject matter hereof and thereof, and supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof and thereof. Except as expressly set forth amended pursuant hereto and except for the amendments expressly contained herein, no other amendments, consents, changes or modifications or waivers to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to hereof. To the extent that any provision of the Loan Agreement or any of the other or further amendment or consent by virtue Financing Agreements are inconsistent with the provisions of this Amendment No. 2, the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Perry Ellis International Inc), Loan and Security Agreement (Salant Corp)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.. 8

Appears in 1 contract

Samples: Loan and Security Agreement (Ico Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2. To the extent of any conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Builders FirstSource, Inc.)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 3 or with respect to the subject matter of this Amendment No. 23. To the extent of conflict between the terms of this Amendment No. 2 3 and the other Financing Agreements, the terms of this Amendment No. 2 3 shall control. The Loan Agreement and this Amendment No. 2 3 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Latrobe Specialty Metals, Inc.)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof Amendment No. 1 Effective Date and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (RTW Retailwinds, Inc.)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors Borrower shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Aep Industries Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 7 or with respect to the subject matter of this Amendment No. 27. To the extent of conflict between the terms of this Amendment No. 2 7 and the other Financing Agreements, the terms of this Amendment No. 2 7 shall control. The Loan Agreement and this Amendment No. 2 7 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof Amendment No. 2 Effective Date and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (RTW Retailwinds, Inc.)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes changes, or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Brass & Copper Holdings, Inc.)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers Borrower and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2Amendment. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Hirsch International Corp)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 3 or with respect to the subject matter of this Amendment No. 23. To the extent of conflict between the terms of this Amendment No. 2 3 and the other Financing Agreements, the terms of this Amendment No. 2 3 shall control. The Loan Agreement and this Amendment No. 2 3 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

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Effect of this Amendment. Except as expressly set forth herein, no other amendments, consentschanges, changes consents or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Haynes International Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Doe Run Resources Corp)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Huffy Corp)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements Loan Documents are intended or implied, and in all other respects the Financing Agreements Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors Borrower shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 Consent or with respect to the subject matter of this Amendment No. 2Consent. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing AgreementsLoan Documents, the terms of this Amendment No. 2 shall control. The Loan Credit Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Credit Agreement and Consent (Tessco Technologies Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consentschanges, changes consents or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Haynes International Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof Amendment No. 3 Effective Date and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 3 or with respect to the subject matter of this Amendment No. 23. To the extent of conflict between the terms of this Amendment No. 2 3 and the other Financing Agreements, the terms of this Amendment No. 2 3 shall control. The Loan Agreement Agreement, Amendment No. 2 and this Amendment No. 2 3 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (RTW Retailwinds, Inc.)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 or with respect to the subject matter of this Amendment No. 2Amendment. To the extent of conflict between the terms of this Amendment No. 2 and the other Financing Agreements, the terms of this Amendment No. 2 shall control. The Loan Agreement and this Amendment No. 2 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Doe Run Resources Corp)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof of this Amendment No. 3 and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent waiver by virtue of the provisions of this Amendment No. 2 3 or with respect to the subject matter of this Amendment No. 23. To the extent of conflict between the terms of this Amendment No. 2 3 and the other Financing Agreements, the terms of this Amendment No. 2 3 shall control. The Loan Agreement and this Amendment No. 2 3 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement and Waiver (Farmer Brothers Co)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers Borrowers, Guarantors and New Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 3 or with respect to the subject matter of this Amendment No. 23. To the extent of conflict between the terms of this Amendment No. 2 3 and the other Financing Agreements, the terms of this Amendment No. 2 3 shall control. The Loan Agreement and this Amendment No. 2 3 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Ico Inc)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes changes, or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 3 or with respect to the subject matter of this Amendment No. 23. To the extent of conflict between the terms of this Amendment No. 2 3 and the other Financing Agreements, the terms of this Amendment No. 2 3 shall control. The Loan Agreement and this Amendment No. 2 3 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Brass & Copper Holdings, Inc.)

Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 2 1 or with respect to the subject matter of this Amendment No. 21. To the extent of any conflict between the terms of this Amendment No. 2 1 and the other Financing Agreements, the terms of this Amendment No. 2 1 shall control. The Loan Agreement and this Amendment No. 2 1 shall be read and construed as one agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Builders FirstSource, Inc.)

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