Acknowledgement of Guarantor. Guarantor hereby acknowledges (a) the execution and delivery of this Amendment and agrees that it continues to be bound by the Guarantee to the extent of the Obligations (as defined therein), as such obligations may be prolonged pursuant to this Amendment, and (b) that Buyer is in compliance with its undertakings and obligations under the Repurchase Agreement, the Guarantee Agreement and each of the other Repurchase Documents.
Acknowledgement of Guarantor. The Guarantor hereby acknowledges that from and after the date hereof, (a) the term “Secured Certificates” as used in the Guarantee includes the Series D Secured Certificates, and (b) the “Financial Obligations” guaranteed by the Guarantor under the Guarantee include the Owner’s payment obligations under the Series D Secured Certificates and under the Trust Indenture as amended as of the date hereof. The Guarantor further acknowledges that the Class D Pass Through Trustee, from and after the date hereof, is a “Party” as defined in the Guarantee and is entitled to all of the benefits of the Guarantee as such.
Acknowledgement of Guarantor. The Guarantor hereby acknowledges, confirms and agrees that the Guarantee unconditionally and irrevocably guarantees to the Lender the full and punctual payment when due, whether at stated maturity, by required payment, by acceleration, declaration, demand or otherwise, of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or not, at any time owing or remaining unpaid by the Borrower to the Lender pursuant to the DIP Loan Agreement together with interest thereon and all costs, charges and expenses incurred in connection therewith (including counsel fees and expenses) upon the terms and conditions set out in the Guarantee and the Guarantee remains in full force and effect as at the date hereof.
Acknowledgement of Guarantor. Sxxxx X. Xxxxxxx, guarantor under that certain Validity Guaranty dated April 4, 2014 in favor of Lender (the “Validity Guaranty”), and PEN, Inc., a Delaware corporation, a guarantor under that certain Corporate Guaranty dated May 1, 2015 (the “Corporate Guaranty”), each acknowledge the above Amendment and agrees that their respective Guaranty shall continue in full force and effect.
Acknowledgement of Guarantor. Sxxxx X. Xxxxxxx, guarantor under that certain Validity Guaranty dated April 4, 2014 in favor of Lender (the “Validity Guaranty”), acknowledges the above Amendment and agrees that his Validity Guaranty shall continue in full force and effect.
Acknowledgement of Guarantor. The Guarantor hereby acknowledges that from and after the date hereof, the “Financial Obligations” guaranteed by the Guarantor under the Guarantee include the Owner’s payment obligations under the Series D Secured Certificates under the Trust Indenture as amended as of the date hereof.
Acknowledgement of Guarantor. The Guarantor affirms its obligations under the Guaranty and consents to this Third Amendment.
Acknowledgement of Guarantor. Guarantor, by signature below as such, for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby consents to and joins in this Amendment and hereby declares to and agrees with the Lender that its Guaranty of the Obligations is and shall continue in full force and effect for the benefit of the Lender with respect to the Obligations, as amended by this Amendment, that there are no offsets, claims, counterclaims, crossclaims or defenses of the Guarantor with respect to the Guaranty nor, to the Guarantor’s knowledge, with respect to the Obligations, that the Guaranty is not released, diminished or impaired in any way by this Amendment or the transactions contemplated hereby, and that the Guaranty is hereby ratified and confirmed in all respects. Guarantor hereby acknowledges that without this consent and reaffirmation, Lender would not execute this Amendment or otherwise consent to its terms.
Acknowledgement of Guarantor. Pier 1 Imports, Inc., a Delaware corporation (“Guarantor”), the guarantor under that certain Guaranty in favor of Landlord dated January 28, 2013 (the “Guaranty”), guarantying the obligations of Tenant under the Lease pursuant to the terms thereof, hereby acknowledges and agrees that the Guaranty continues in full force and effect and applies to the Lease, as modified by this Eighth Amendment.
Acknowledgement of Guarantor. Guarantor, by signature below as such, for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby consents to and joins in this Amendment and hereby declares to and agrees with the Lender that its Guaranty of the Obligations is and shall continue in full force and effect for the benefit of the Lender with respect to the Obligations, as amended by this Amendment, that there are no offsets, claims, counterclaims, crossclaims or defenses of the Guarantor with respect to the Guaranty nor, to the Guarantor’s knowledge, with respect to the Obligations, that the Guaranty is not released, diminished or impaired in any way by this Amendment or the transactions contemplated hereby, and that the Guaranty is hereby ratified and confirmed in all respects. Guarantor hereby acknowledges that without this consent and reaffirmation, Lender would not execute this Amendment or otherwise consent to its terms. a Delaware corporation By: /s/ Xxxxx Xxxxxxx Xxxxxxxx By: /s/ Xxxx Xxxxxxxx (SEAL) Name: Xxxxx Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Corp. Controller Title: CFO THIS AMENDMENT NO. 4 TO LOAN AND SECURITY AGREEMENT (this 4 “Amendment”) is made as of this l day of March, 2004, by and among DIGlRAD IMAGING SOLUTIONS, INC. (f/k/a Orion Imaging Systems, Inc.), a Delaware corporation, and DIGIRAD IMAGING SYSTEMS, INC., a Delaware corporation (collectively, “Borrower”), and GE HFS HOLDINGS, INC. (f/k/a Xxxxxx Healthcare Finance, Inc.), a Delaware corporation (“Lender”).
