Acknowledgement by Guarantor. If a Guarantee is required under the Aircraft Lease Agreement, Lessee shall provide to Lessor at least five Business Days prior to the effective date of the Permitted Sub-Lease an acknowledgement by Guarantor of the Permitted Sub-Lease and confirmation that the Guarantee will remain in full force and effect during the term of such Permitted Sub-Lease;
Acknowledgement by Guarantor. Except as otherwise specified herein, the terms and provisions of the Loan Documents are ratified and confirmed and shall remain in full force and effect, enforceable in accordance with their terms. Guarantor hereby acknowledges, agrees and represents that (i) Guarantor is indebted to the Bank pursuant to the terms of the Note; (ii) the liens, security interests and assignments created and evidenced by the Loan Documents are, respectively, valid and subsisting liens, security interests and assignments of the respective dignity and priority recited in the Loan Documents; (iii) the representations and warranties contained in the Loan Documents are true and correct representations and warranties of Guarantor, as of the date hereof and no defaults exist under the Loan Documents; and (iv) Guarantor has no set-offs, counterclaims, defenses or other causes of action against the Bank arising out of the Loan Documents, the modification and extension of the Loan, any documents mentioned herein or otherwise and to the extent any such set-offs, counterclaims, defenses or other causes of action may exist, whether known or unknown, such items are hereby waived by Guarantor.
Acknowledgement by Guarantor. As a separate and independent stipulation, Guarantor acknowledges, confirms and agrees that any of the Guaranteed Obligations (including any monies payable) that is or becomes unenforceable against, or not capable of recovery from, Parent or Merger Sub by reason of any legal limitation, disability or incapacity on or of Parent or Merger Sub or any other fact or circumstances (other than any limitation imposed by this Agreement) will nevertheless be enforceable against and recoverable from Guarantor as though the same had been incurred by Guarantor and Guarantor were the sole or principal obligor in respect of that Guaranteed Obligation. Without limiting the generality of the foregoing, (i) Guarantor waives: (A) notice of acceptance of this guaranty, and of the creation or existence of any of the Guaranteed Obligations and of any action by the Company in reliance hereon or in connection herewith; (B) presentment, demand for payment, notice of dishonor or nonpayment, protest and notice of protest with respect to the Guaranteed Obligations; and (C) any requirement that suit be brought against, or any other action by the Company, the Surviving Corporation, their respective successors and assigns, and any third-party beneficiary be taken against, or any notice of default or other notice be given to, or any demand be made on, Parent, Merger Sub or any other Person, or that any other action be taken or not taken as a condition to Guarantor’s liability for the Guaranteed Obligations or as a condition to the enforcement of this Agreement or the Guaranteed Obligations against Guarantor; and (ii) the liability of Guarantor under this Agreement and the Guaranteed Obligations shall be irrevocable and enforceable irrespective of: (A) any change in the time, manner, terms, place of payment or in any other term of all or any of the Guaranteed Obligations, or any other document executed in connection therewith; (B) any release, amendment, waiver, or consent to departure from any other guaranty for all or any of the Guaranteed Obligations; (C) any failure, omission, delay, waiver, or refusal by the Company, the Surviving Corporation, their respective successors and assigns and any third-party beneficiary to exercise, in whole or in part, any right or remedy held by such Person with respect to the Guaranteed Obligations except to the extent such failure, omission, delay, waiver, or refusal would excuse performance or limit the liability of Parent or Merger Sub; (D) any chang...
Acknowledgement by Guarantor. The Guarantor acknowledges that the Guarantor was not induced to enter this deed by any statement, representation or warranty by or for the Creditor.
Acknowledgement by Guarantor. If a Guarantee is required under the Engine Lease Agreement, Lessee shall provide to Lessor prior to delivery of the Engine under the Permitted Sub-Lease an acknowledgement by Guarantor of the Permitted Sub-Lease and confirmation that the Guarantee will remain in full force and effect during the term of such Permitted Sub-Lease; and
Acknowledgement by Guarantor. Guarantor hereby acknowledges and agrees that the Guaranty Obligations include the Borrower's obligation to repay Chase under or pursuant to, or related to, the Line of Credit, whether for principal, interest, fees or any other obligation related thereto.
Acknowledgement by Guarantor. By its execution hereof, the Guarantor hereby expressly (a) consents to the modifications and amendments set forth in this First Amendment, (b) reaffirms all of its covenants, representations, warranties and other obligations set forth in the Guaranty Agreement and the other Loan Documents to which it is a party and (c) acknowledges, represents and agrees that its respective covenants, representations, warranties and other obligations set forth in the Guaranty Agreement and the other Loan Documents to which it is a party remain in full force and effect.
Acknowledgement by Guarantor. The Guarantor hereby acknowledges and consents to the Contribution Agreement and this Agreement. Further, the Guarantor agrees that the Guaranty Agreement dated as of July 9, 1996 from the Guarantor to NBLC guaranteeing all obligations of Seitel to NBLC shall guarantee all obligations of Eagle to NBLC as if Eagle were the original beneficiary of such Guaranty.
Acknowledgement by Guarantor. The Guarantor hereby acknowledges and consents to the Contribution Agreement and this Agreement. Further, the Guarantor agrees that the Guaranty from the Guarantor to Compass guaranteeing all obligations of Seitel to Compass shall guarantee all obligations of Eagle to Compass. Without limiting the foregoing, (i) any and all references in said Guaranty to "Seitel Geophysical, Inc." shall be and hereby are amended to read and refer to "Eagle Geophysical, Inc." and (ii) any and all references in said Guaranty to "Central Bank of the South" shall be and hereby are amended to read and refer to "Compass Bank".
Acknowledgement by Guarantor. If a Guarantee is required under the Aircraft Lease Agreement, Lessee shall provide to Lessor prior to delivery of the Aircraft under the Permitted Sub-Lease an acknowledgement by Guarantor of the Permitted Sub-Lease and confirmation that the Guarantee will remain in full force and effect during the term of such Permitted Sub-Lease; and
