Common use of Binding Effect of Documents Clause in Contracts

Binding Effect of Documents. Each Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document; (b) each of the Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by Borrower, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; (c) the agreements and obligations of such Loan Party contained in such documents and in this Agreement constitute legal, valid, and binding Obligations, enforceable in accordance with their respective terms, and such Loan Party has no valid defense to the enforcement of such Obligations; (d) Agent and Lenders are and will be entitled to the rights, remedies, and benefits provided for under the Credit Agreement and the other Loan Documents and applicable law; and (e) during the Forbearance Period, such Loan Party shall comply with all limitations, restrictions, or prohibitions that would otherwise be effective or applicable under the Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of such Loan Party set forth in the Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 2 contracts

Samples: Second Forbearance Agreement (Essex Rental Corp.), Forbearance Agreement (Essex Rental Corp.)

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Binding Effect of Documents. Each Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document; , (b) each of the Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Administrative Agent by Borrowersuch Loan Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; , (c) the agreements and obligations of such Loan Party contained in such documents and in this Agreement constitute the legal, valid, valid and binding ObligationsObligations of such Loan Party, enforceable against it in accordance with their respective terms, and such Loan Party has no valid defense to the enforcement of such Obligations; , (d) Administrative Agent and Lenders are and will be entitled to the rights, remedies, remedies and benefits provided for under the Credit Agreement and the other Loan Documents and applicable law; law and (e) during the Forbearance Period, such each Loan Party shall comply with all limitations, restrictions, restrictions or prohibitions that would otherwise be effective or applicable under the Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of such Loan Party any Borrower set forth in the Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 2 contracts

Samples: Forbearance Agreement (Fenix Parts, Inc.), Forbearance Agreement (Fenix Parts, Inc.)

Binding Effect of Documents. Each Loan Credit Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan an Other Document; , (b) each of the Credit Loan Agreement and the other Loan Other Documents to which it is a party has been duly executed and delivered to Agent by Borrowersuch Credit Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; , (c) the agreements and obligations of such Loan Credit Party contained in such documents and in this Agreement constitute the legal, valid, valid and binding ObligationsObligations of such Credit Party, enforceable against it in accordance with their respective terms, and such Loan Credit Party has no valid defense to the enforcement of such Obligations; , (d) Agent and Lenders are and will be entitled to the rights, remedies, remedies and benefits provided for under the Credit Loan Agreement and the other Loan Other Documents and applicable law; law and (e) during the Forbearance Period, such Loan each Credit Party shall comply with all limitations, restrictions, restrictions or prohibitions that would otherwise be effective or applicable under the Credit Loan Agreement or any of the other Loan Other Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of such Loan Credit Party set forth in the Credit Loan Agreement or the other Loan Other Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 2 contracts

Samples: Forbearance Agreement (Cti Industries Corp), And Forbearance Agreement (Cti Industries Corp)

Binding Effect of Documents. Each Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement Amendment constitutes a Loan Document; (b) each of the Credit Agreement Agreement, the Third Forbearance Agreement, and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by Borrowersuch Loan Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; (c) the agreements and obligations of such Loan Party contained in such documents and in this Agreement Amendment constitute legal, valid, and binding Obligations, enforceable in accordance with their respective terms, and such Loan Party has no valid defense to the enforcement of such Obligations; (d) Agent and Lenders are and will be entitled to the rights, remedies, and benefits provided for under the Credit Agreement and the other Loan Documents and applicable law; and (e) during the Forbearance Period, such Loan Party shall comply with all limitations, restrictions, or prohibitions that would otherwise be effective or applicable under the Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this AgreementAmendment, any right or action of such Loan Party set forth in the Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Third Forbearance Agreement (Essex Rental Corp.)

Binding Effect of Documents. Each Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document; (b) each of the Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by Borrowersuch Loan Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; (c) the agreements and obligations of such Loan Party contained in such documents and in this Agreement constitute legal, valid, and binding Obligations, enforceable in accordance with their respective terms, and Exhibit 10.1 such Loan Party has no valid defense to the enforcement of such Obligations; (d) Agent and Lenders are and will be entitled to the rights, remedies, and benefits provided for under the Credit Agreement and the other Loan Documents and applicable law; and (e) during the Forbearance Period, such Loan Party shall comply with all limitations, restrictions, or prohibitions that would otherwise be effective or applicable under the Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of such Loan Party set forth in the Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Fourth Forbearance Agreement (Essex Rental Corp.)

Binding Effect of Documents. Each Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document; , (b) each of the Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Administrative Agent by Borrowersuch Loan Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; , (c) the agreements and obligations of such Loan Party contained in such documents and in this Agreement constitute the legal, valid, valid and binding ObligationsObligations of such Loan Party, enforceable against it in accordance with their respective terms, and such Loan Party has no valid defense to the enforcement of such Obligations; , (d) Administrative Agent and Lenders are and will be entitled to the rights, remedies, remedies and benefits provided for under the Credit Agreement, the Forbearance Agreement and the other Loan Documents and applicable law; law and (e) during the Forbearance Period, such each Loan Party shall comply with all limitations, restrictions, restrictions or prohibitions that would otherwise be effective or applicable under the Credit Agreement, the Forbearance Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of such Loan Party any Borrower set forth in the Credit Agreement, the Forbearance Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Forbearance Agreement (Fenix Parts, Inc.)

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Binding Effect of Documents. Each Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement Amendment constitutes a Loan Document; (b) each of the Credit Agreement Agreement, the Second Forbearance Agreement, and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by Borrowersuch Loan Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; (c) the agreements and obligations of such Loan Party contained in such documents and in this Agreement Amendment constitute legal, valid, and binding Obligations, enforceable in accordance with their respective terms, and such Loan Party has no valid defense to the enforcement of such Obligations; (d) Agent and Lenders are and will be entitled to the rights, remedies, and benefits provided for under the Credit Agreement and the other Loan Documents and applicable law; and (e) during the Forbearance Period, such Loan Party shall comply with all limitations, restrictions, or prohibitions that would otherwise be effective or applicable under the Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this AgreementAmendment, any right or action of such Loan Party set forth in the Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Second Forbearance Agreement (Essex Rental Corp.)

Binding Effect of Documents. Each Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document; (b) each of the Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by Borrowersuch Loan Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; (c) the agreements and obligations of such Loan Party contained in such documents and in this Agreement constitute legal, valid, and binding Obligations, enforceable in accordance with their respective terms, and such Loan Party has no valid defense to the enforcement of such Obligations; (d) Agent and Lenders are and will be entitled to the rights, remedies, and benefits provided for under the Credit Agreement and the other Loan Documents and applicable law; and (e) during the Forbearance Period, such Loan Party shall comply with all limitations, restrictions, or prohibitions that would otherwise be effective or applicable under the Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of such Loan Party set forth in the Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Third Forbearance Agreement (Essex Rental Corp.)

Binding Effect of Documents. Each Loan Party hereby acknowledges, confirms and agrees that: (a) this Agreement constitutes a Loan Document; (b) each of the Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to Agent by Borrowersuch Loan Party, and each is and will remain in full force and effect as of the date hereof except as modified pursuant hereto; (c) the agreements and obligations of such Loan Party contained in such documents and in this Agreement constitute legal, valid, and binding Obligations, enforceable in accordance with their respective terms, and such Loan Party has no valid defense to the enforcement of such Obligations; (d) Agent and Lenders are and will be entitled to the rights, remedies, and benefits provided for under the Credit Agreement and the other Loan Documents and applicable law; and (e) during the Forbearance Period, such Loan Party shall comply with all limitations, restrictions, or prohibitions that would otherwise be effective or applicable under the Exhibit 10.1 Credit Agreement or any of the other Loan Documents during the continuance of any Event of Default, and except to the extent expressly provided otherwise in this Agreement, any right or action of such Loan Party set forth in the Credit Agreement or the other Loan Documents that is conditioned on the absence of any Event of Default may not be exercised or taken as a result of the Existing Defaults.

Appears in 1 contract

Samples: Fifth Forbearance Agreement (Essex Rental Corp.)

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