Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this Agreement, under the Facility Agreement (as amended hereby) under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Mannkind Corp), Facility Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this Agreement, under the Facility Agreement (as amended hereby) ), under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 2 contracts
Samples: Facility Agreement (Mannkind Corp), Facility Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this AgreementAmendment, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this AgreementAmendment, under the Facility Agreement (as amended hereby) ), under the Notes (as amended hereby) and under the other Transaction DocumentsDocuments (as amended hereby), and each of the parties hereto agrees not to take any contrary positions.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the NotesBuyer Note, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower Company under this Agreement, under the Facility Agreement (as amended hereby) under the Notes Buyer Note (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Samples: May 2008 Amendment Agreement (Customer Acquisition Network Holdings, Inc.)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower Company under this Agreement, under the Facility Purchase Agreement (as amended hereby) ), under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Samples: Senior Notes and Purchase Agreement (South Texas Oil Co)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower Company under this Agreement, under the Facility Agreement (as amended hereby) under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Samples: September 2008 Waiver and Amendment (South Texas Oil Co)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this AgreementAmendment, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this AgreementAmendment, under the Facility Agreement (as amended hereby) under the Notes (as amended hereby) and under the other Transaction DocumentsDocuments (as amended hereby), and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Samples: Facility Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this AgreementAmendment, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this AgreementAmendment, under the Facility Agreement (as amended hereby) ), under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Samples: Facility Agreement (Mannkind Corp)
