Common use of Amendment of Financing Agreements Clause in Contracts

Amendment of Financing Agreements. (a) Monarchy hereby expressly (i) assumes and agrees to be directly liable to Agent and Lenders, jointly and severally, with the other Guarantors for all Obligations under, contained in, or arising pursuant to the Loan Agreement or any of the other Financing Agreements applicable to any or all Guarantors and as applied to Monarchy as a Guarantor, (ii) agrees to perform, comply with and be bound by all terms, conditions and covenants of the Loan Agreement and the other Financing Agreements applicable to any or all Guarantors and as applied to Monarchy with the same force and effect as if Monarchy had originally executed and been an original Guarantor party signatory to the Loan Agreement and the other Financing Agreements, (iii) is deemed to make, and is, in all respects, bound by all representations and warranties made by the other Guarantors to Agent and Lenders set forth in the Loan Agreement or in any of the other Financing Agreements, and (iv) agrees that Agent and Lenders shall have all rights, remedies and interests, including security interests in and to the Collateral granted pursuant to Section 3 hereof, the Loan Agreement and the other Financing Agreements, with respect to Monarchy and its properties and assets with the same force and effect as Agent and Lenders have with respect to the other Guarantors and their assets and properties, as if Monarchy had originally executed and had been an original Guarantor party signatory to the Loan Agreement and the other Financing Agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Hartmarx Corp/De)

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Amendment of Financing Agreements. (a) Monarchy SB Acquisition hereby expressly (i) assumes and agrees to be directly liable to Agent and Lenders, jointly and severally, with the other Guarantors Guarantors, for all Obligations under, contained in, or arising pursuant to the Loan Agreement or any of the other Financing Agreements applicable to any or all Guarantors and as applied to Monarchy SB Acquisition as a Guarantor, (ii) agrees to perform, comply with and be bound by all terms, conditions and covenants of the Loan Agreement and the other Financing Agreements applicable to any or all Guarantors and as applied to Monarchy SB Acquisition, with the same force and effect as if Monarchy SB Acquisition had originally executed and been an original Guarantor party signatory to the Loan Agreement and the other Financing Agreements, (iii) is deemed to make, and is, in all respects, bound by all representations and warranties made by the other Guarantors to Agent and Lenders set forth in the Loan Agreement or in any of the other Financing Agreements, and (iv) agrees that Agent and Lenders shall have all rights, remedies and interests, including security interests in and to the Collateral granted pursuant to Section 3 hereof, the Loan Agreement and the other Financing Agreements, with respect to Monarchy SB Acquisition and its properties and assets with the same force and effect as Agent and Lenders have with respect to the other Guarantors and their assets and properties, as if Monarchy SB Acquisition had originally executed and had been an original Guarantor party signatory to the Loan Agreement and the other Financing Agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Hartmarx Corp/De)

Amendment of Financing Agreements. (a) Monarchy EM Acquisition hereby expressly (i) assumes and agrees to be directly liable to Agent and Lenders, jointly and severally, with the other Guarantors Guarantors, for all Obligations under, contained in, or arising pursuant to the Loan Agreement or any of the other Financing Agreements applicable to any or all Guarantors and as applied to Monarchy EM Acquisition as a Guarantor, (ii) agrees to perform, comply with and be bound by all terms, conditions and covenants of the Loan Agreement and the other Financing Agreements applicable to any or all Guarantors and as applied to Monarchy EM Acquisition, with the same force and effect as if Monarchy EM Acquisition had originally executed and been an original Guarantor party signatory to the Loan Agreement and the other Financing Agreements, (iii) is deemed to make, and is, in all respects, bound by all representations and warranties made by the other Guarantors to Agent and Lenders set forth in the Loan Agreement or in any of the other Financing Agreements, and (iv) agrees that Agent and Lenders shall have all rights, remedies and interests, including security interests in and to the Collateral granted pursuant to Section 3 hereof, the Loan Agreement and the other Financing Agreements, with respect to Monarchy EM Acquisition and its properties and assets with the same force and effect as Agent and Lenders have with respect to the other Guarantors and their assets and properties, as if Monarchy EM Acquisition had originally executed and had been an original Guarantor party signatory to the Loan Agreement and the other Financing Agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Hartmarx Corp/De)

Amendment of Financing Agreements. (a) Monarchy Zooey hereby expressly (i) assumes and agrees to be directly liable to Agent and Lenders, jointly and severally, with the other Guarantors Borrowers, for all Obligations under, contained in, or arising pursuant to the Loan Agreement or any of the other Financing Agreements applicable to any or all Guarantors Borrowers and as applied to Monarchy Zooey as a GuarantorBorrower, (ii) agrees to perform, comply with and be bound by all terms, conditions and covenants of the Loan Agreement and the other Financing Agreements applicable to any or all Guarantors Borrowers and as applied to Monarchy Zooey with the same force and effect as if Monarchy Zooey had originally executed and been an original Guarantor Borrower party signatory to the Loan Agreement and the other Financing Agreements, (iii) is deemed to make, and is, in all respects, bound by all representations and warranties made by the other Guarantors Borrowers to Agent and Lenders set forth in the Loan Agreement or in any of the other Financing Agreements, and (iv) agrees that Agent and Lenders shall have all rights, remedies and interests, including security interests in and to the Collateral granted pursuant to Section 3 hereof, the Loan Agreement and the other Financing Agreements, with respect to Monarchy Zooey and its properties and assets with the same force and effect as Agent and Lenders have with respect to the other Guarantors Borrowers and their assets and properties, as if Monarchy Zooey had originally executed and had been an original Guarantor Borrower party signatory to the Loan Agreement and the other Financing Agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Hartmarx Corp/De)

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Amendment of Financing Agreements. (a) Monarchy Each of Sweater and SDC-NY hereby expressly (i) assumes and agrees to be directly liable to Agent and Lenders, jointly and severally, with the other Guarantors Guarantors, for all Obligations under, contained in, or arising pursuant to the Loan Agreement or any of the other Financing Agreements applicable to any or all Guarantors and as applied to Monarchy Sweater or SDC-NY (as the case may be) as a Guarantor, (ii) agrees to perform, comply with and be bound by all terms, conditions and covenants of the Loan Agreement and the other Financing Agreements applicable to any or all Guarantors and as applied to Monarchy Sweater or SDC-NY (as the case may be), with the same force and effect as if Monarchy Sweater and SDC-NY had originally executed and been an original Guarantor party signatory to the Loan Agreement and the other Financing Agreements, (iii) is deemed to make, and is, in all respects, bound by all representations and warranties made by the other Guarantors to Agent and Lenders set forth in the Loan Agreement or in any of the other Financing Agreements, and (iv) agrees that Agent and Lenders shall have all rights, remedies and interests, including security interests in and to the Collateral granted pursuant to Section 3 hereof, the Loan Agreement and the other Financing Agreements, with respect to Monarchy Sweater and its SDC-NY and their respective properties and assets with the same force and effect as Agent and Lenders have with respect to the other Guarantors and their assets and properties, as if Monarchy Sweater and SDC-NY had originally executed and had been an original Guarantor party signatory to the Loan Agreement and the other Financing Agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Hartmarx Corp/De)

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