Acknowledgment And Reaffirmation Of Obligations. Each of the Obligors acknowledges and affirms that: (a) the Credit Documents are the valid and binding obligation of each of them that is a signatory thereto; (b) the Credit Documents are enforceable in accordance with all stated terms; and (c) none of them has any defenses, claims of offset, or counterclaims against the enforcement of the Credit Documents in accordance with all stated terms.
Acknowledgment And Reaffirmation Of Obligations. The Obligors acknowledge and affirm that: (a) each of the Loan Documents is the valid and binding obligation of each of the Obligors that is a signatory thereto; (b) the Loan Documents are enforceable in accordance with all stated terms; (c) the Obligors have no defenses, claims of offset, or counterclaims against the enforcement of the Loan Documents in accordance with all stated terms; (d) no Default of Event of Default is presently existing.
Acknowledgment And Reaffirmation Of Obligations. The Borrower hereby acknowledges, confirms and agrees that as of the close of business on February 16, 2010, that the Borrower is indebted to the Administrative Agent and the Lenders for loans, advances and other financial accommodations under the Loan Documents in the following principal amounts: All such Obligations owing by the Borrower, together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by the Borrower to the Administrative Agent and each Lender, are unconditionally owing by the Borrower to the Administrative Agent and each Lender, without offset, defense, withholding, counterclaim or deduction of any kind, nature or description whatsoever. The Borrower hereby acknowledges that the Loan Documents to which it is a party and the Obligations constitute the valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their respective terms (except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity), and the Borrower hereby reaffirms its obligations under the Loan Documents. Without limiting the generality of the foregoing, the Borrower hereby restates, ratifies and reaffirms each and every term and condition set forth in the Credit Agreement and the Loan Documents in each case effective as of the date hereof.
Acknowledgment And Reaffirmation Of Obligations. Each of the Loan Parties acknowledges and affirms that: (a) the Credit Documents are the valid and binding obligation of each of them that is a signatory thereto; (b) the Credit Documents are enforceable in accordance with all stated terms; and (c) none of them has any defenses, claims of offset, or counterclaims against the enforcement of the Credit Documents in accordance with all stated terms. Without limitation to the foregoing, the Loan Parties hereby ratify and reaffirm their respective Guaranty Agreements upon giving effect to the amendment to the Floor Plan Facility set forth in this Amendment.
Acknowledgment And Reaffirmation Of Obligations. The Borrower acknowledge and consent to all terms and conditions of this Restatement Agreement and the Amended and Restated Credit Agreement and agree that this Restatement Agreement and the Amended and Restated Credit Agreement and all documents executed in connection herewith do not operate to reduce or discharge the Borrower’s obligations under the Loan Documents. The Company hereby ratifies and confirms its obligations under the Loan Documents. The Borrower acknowledges that from and after the date hereof, all Loans (including Revolving Loans) made under the Amended and Restated Credit Agreement from time to time outstanding shall be deemed to be Obligations.
Acknowledgment And Reaffirmation Of Obligations. The Obligors acknowledge that: (a) each of the Loan Documents is the valid and binding obligation of each of the Obligors that is a party thereto; (b) the Loan Documents are enforceable in accordance with all stated terms; (c) the Obligors have no defenses, claims of offset, or counterclaims against the enforcement of the Loan Documents in accordance with all stated terms; and (d) the Total Outstandings as of the Effective Date are Ninety-One Million Nine Hundred Seventy Five Thousand Five Hundred Sixty Nine Dollars and Sixty Seven Cents ($91,975,569.67). Each Obligor hereby reaffirms and ratifies all of its respective duties and obligations under the Credit Agreement and the other Loan Documents to which it is a party, as amended and modified by the terms of this Amendment.
Acknowledgment And Reaffirmation Of Obligations. The Obligors acknowledge and affirm that: (a) each of the Loan Documents is the valid and binding obligation of each of the Obligors that is a signatory thereto; (b) the Loan Documents are enforceable in accordance with all stated terms; (c) the Obligors have no defenses, claims of offset, or counterclaims against the enforcement of the Loan Documents in accordance with all stated terms; (d) no Default or Event of Default is existing or shall exist after giving effect to the increase in the Revolving Committed Amount contemplated by this Agreement; (e) no event or condition has occurred or is continuing that is likely to have a Material Adverse Effect; (f) the Borrower is in compliance with all financial covenants set forth in Sections 7.12 through 7.14 of the Credit Agreement prior to incurring such increase and on a proforma basis on the date of this Agreement, after giving full effect to the Revolving Committed Amount including such increase, plus all of the other outstanding Obligations; (g) all other conditions to the making of a Revolving Loan set forth in Section 5.02 of the Credit Agreement have been satisfied; (h) all of the other conditions precedent set forth in Section 2.0 1(d) of the Credit Agreement have been satisfied.
Acknowledgment And Reaffirmation Of Obligations. The Borrowers acknowledge and consent to all terms and conditions of this Restatement Agreement and the Ninth Amended and Restated Credit Agreement and agree that this Restatement Agreement and the Ninth Amended and Restated Credit Agreement and all documents executed in connection herewith do not operate to reduce or discharge the Borrowers’ obligations under the Loan Documents. The Company hereby ratifies and confirms its obligations under the Loan Documents. The European Borrower hereby ratifies and confirms its obligations under the Loan Documents. Each Borrower acknowledges that from and after the date hereof, all Loans (including Revolving Loans) made under the Ninth Amended and Restated Credit Agreement from time to time outstanding shall be deemed to be Obligations.
Acknowledgment And Reaffirmation Of Obligations. The Obligors acknowledge that: (a) each of the Loan Documents is the valid and binding obligation of each of the Obligors that is a party thereto; (b) the Loan Documents are enforceable in accordance with all stated terms; and (c) the Obligors have no defenses, claims of offset, or counterclaims against the enforcement of the Loan Documents in accordance with all stated terms. Each Obligor hereby reaffirms and ratifies all of its respective duties and obligations under the Credit Agreement and the other Loan Documents to which it is a party, as amended and modified by the terms of this Amendment.
Acknowledgment And Reaffirmation Of Obligations. The Borrower acknowledge and consent to all terms and conditions of this Amendment Agreement and the Amended Credit Agreement and agrees that this Amendment Agreement and the Amended Credit Agreement and all documents executed in connection herewith do not operate to reduce or discharge the Borrower’s obligations under the Loan Documents other than as specified herein. The Company hereby ratifies and confirms its obligations under the Loan Documents. The Borrower acknowledges that from and after the date hereof, all Loans made under the Amended Credit Agreement from time to time outstanding shall be deemed to be Obligations.
