Affirmation of Loan Documents. Each of the other Loan Parties signatory hereto hereby consents to the execution and delivery of this Agreement and confirms, reaffirms and restates its obligations under each of the Loan Documents to which it is a party pursuant to the terms hereof.
Affirmation of Loan Documents. Each Standstill Party, in its capacity as a Guarantor or otherwise, hereby consents to the modification of the Standstill Agreement, effected hereby and hereby acknowledges and agrees that the terms of this Amendment shall not affect in any way its duties, Obligations and liabilities under the Credit Sixth Amendment to Standstill Agreement Agreement, including under its Guarantee, the Standstill Agreement, or any other Loan Document to which it is a party, all of which duties, Obligations and liabilities shall remain in full force and effect and each of which is hereby reaffirmed.
Affirmation of Loan Documents. Borrowers acknowledge, warrant, and represent that (i) pursuant to the Loan Documents, their obligations to repay the Obligations are absolute and unconditional, and there exists no right of deduction, setoff, recoupment, counterclaim or defense of any nature whatsoever to payment of the Obligations, (ii) the Loan Documents are valid and enforceable against Borrowers in accordance with their terms (subject to principles of equity and laws applicable to the rights of creditors generally, including bankruptcy laws) and grant valid and perfected security interests and liens in the collateral described therein with the priority required by the Loan Documents, and (iii) no Default or Event of Default presently exists under the Loan Documents. Borrowers hereby release Lenders and Collateral Agent from any claim, defense, or right of setoff, known or unknown, that any Borrower may have against any of them as of the execution of this Agreement; provided, however, to avoid doubt, Lenders and Collateral Agent are not released from their future obligations under the Loan Documents.
Affirmation of Loan Documents. Borrower further hereby affirms each of its covenants and obligations under the Loan Documents and acknowledges that Lender has fully complied with each of its covenants and obligations under the Loan Documents. Borrower acknowledges that it has no defenses, set offs or counterclaims to its obligations under any of the Loan Documents.
Affirmation of Loan Documents. The Borrower hereby acknowledges and agrees that all of its obligations under the Existing Credit Agreement, as amended hereby, and the other Loan Documents shall remain in full force and effect following the execution and delivery of this Amendment, and such obligations are hereby affirmed, ratified and confirmed by the Borrower.
Affirmation of Loan Documents. Each Loan Party hereby consents to the modification of the Credit Agreement effected hereby and hereby acknowledges and agrees that the obligations of such Loan Party contained in the Loan Documents as modified hereby are, and shall remain, in full force and effect.
Affirmation of Loan Documents. The provisions of the Loan Documents are hereby ratified and confirmed and this Agreement shall be deemed to be one of the Loan Documents. Nothing contained herein shall be deemed to be an agreement by Lender to forbear in exercising any of its rights and remedies which are available from time to time under the Loan Documents during the pendency of this Agreement. Lender expressly reserves any and all such rights and remedies available to it under the Loan Documents, at law or in equity.
Affirmation of Loan Documents. Borrower and Guarantor acknowledge and affirm that (i) the Restated Agreement, as amended by the First Amendment, the Mortgages, the Assignments and the Guaranty are enforceable against the Borrower and Guarantor, as applicable, and remain in full force and effect and shall be unamended, unchanged and unmodified, except as specifically set forth in the First Amendment; and (ii) the Collateral and the Guaranty shall continue to secure and/or guaranty the repayment of the Obligations, whether or not the Obligations were contemplated by Borrower, Guarantor or Bank at the time of the execution of the Restated Agreement and the Related Documents, as amended hereby.
Affirmation of Loan Documents. Borrower and the Company acknowledge and affirm that (i) the Loan Documents, as amended by the Fourth Amendment Agreements and Section E(1) of this Fourth Amendment, are enforceable against the Borrower and the Company, as applicable, and remain in full force and effect and shall be unamended, unchanged and unmodified, except as specifically set forth in the Fourth Amendment Agreements and Section E(1) of this Fourth Amendment; (ii) the Guaranty and the Collateral shall continue to secure and/or guaranty the repayment of Borrower's Obligations, whether or not Borrower's Obligations were contemplated by Borrower, the Company or Lenders at the time of the execution of the Loan Documents; and (iii) the security interests and liens granted to Lenders by Borrower under the Loan Documents remain valid first perfected security interests and liens.
Affirmation of Loan Documents. Each Subsidiary Guarantor acknowledges and consents to each of the provisions of this Joinder Agreement. Each Subsidiary Guarantor further acknowledges and agrees that all Obligations with respect to the Commitments under the Credit Agreement as modified by this Joinder Agreement shall be fully guaranteed and secured pursuant to the U.S. Guarantee and Collateral Agreement or the Canadian Guarantee and Collateral Agreement, as applicable, in accordance with the terms and provisions thereof. Each Subsidiary Guarantor reaffirms its obligations under the Loan Documents to which it is party, including its Subsidiary Guaranty. Without limiting the foregoing, as of the effectiveness of this Joinder Agreement, each of the Subsidiary Guarantors hereby (i) acknowledges and agrees that all of its obligations under the U.S. Guarantee and Collateral Agreement or the Canadian Guarantee and Collateral Agreement, as applicable, and the other Security Documents to which it is a party are reaffirmed and remain in full force and effect on a continuous basis, (ii) reaffirms each Lien granted by such Subsidiary Guarantor to the Collateral Agent for the benefit of the Secured Parties made pursuant to the U.S. Guarantee and Collateral Agreement or the Canadian Guarantee and Collateral Agreement, as applicable, and (iii) agrees that the Borrower Obligations and the Guarantor Obligations (each as defined in the U.S. Guarantee and Collateral Agreement or the Canadian Guarantee and Collateral Agreement, as applicable) include, among other things and without limitation, the due and punctual payment by the Borrowers or the Subsidiary Guarantors, as applicable, when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on the Loans made pursuant to the Commitments under the Credit Agreement as modified by this Joinder Agreement.
