Common use of Binding Effect of Documents Clause in Contracts

Binding Effect of Documents. Each Borrower hereby acknowledges, confirms and agrees that: (a) each of the Loan Documents has been duly executed and delivered to the Agent and the Lenders by each Borrower that is intended to be a party thereto, and each is in full force and effect as of the date hereof, (b) the agreements and obligations of each Borrower contained in such Loan Documents and in this Agreement constitute the legal, valid and binding obligations of such Borrower, enforceable against it in accordance with their respective terms, and no Borrower has any valid defense to the enforcement of such obligations, and (c) the Agent and the Lenders are and shall be entitled to the rights, remedies and benefits provided for in the Loan Documents and applicable law.

Appears in 4 contracts

Samples: Waiver Agreement (Curative Health Services Inc), Waiver Agreement (Curative Health Services Inc), Waiver Agreement (Curative Health Services Inc)

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Binding Effect of Documents. Each Borrower hereby acknowledges, confirms and agrees that: (a) each of the Credit Agreement and the Loan Documents to which it is a party (including the Forbearance Agreement, as amended by this Amendment) has been duly executed and delivered to the Agent and the Lenders by each Borrower that is intended to be a party theretoBorrower, and each is and shall remain in full force and effect as of the date hereofhereof except as modified pursuant hereto, (b) the agreements and obligations of each Borrower contained in such Loan Documents documents and in this Agreement Amendment constitute the legal, valid and binding obligations Obligations of such Borrower, enforceable against it in accordance with their respective terms, and no Borrower has any no valid defense to the enforcement of such obligationsObligations, and (c) the Agent and the Lenders are and shall be entitled to the rights, remedies and benefits provided for in under the Credit Agreement and the Loan Documents and applicable law.

Appears in 3 contracts

Samples: Forbearance Agreement (Dialogic Inc.), Forbearance Agreement (Dialogic Inc.), Forbearance Agreement (Dialogic Inc.)

Binding Effect of Documents. Each Borrower hereby acknowledges, confirms and agrees that: (a) each of the Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to the Agent and the Lenders by each Borrower that is intended to be a party theretosuch Borrower, and each is and shall remain in full force and effect as of the date hereofhereof except as modified pursuant hereto, (b) the agreements and obligations of each such Borrower contained in such Loan Documents documents and in this Agreement constitute the legal, valid and binding obligations Obligations of such Borrower, enforceable against it in accordance with their respective terms, and no such Borrower has any no valid defense to the enforcement of such obligationsObligations, and (c) the Agent and the Lenders are and shall be entitled to the rights, remedies and benefits provided for in under the Credit Agreement and the Loan Documents and applicable law.

Appears in 2 contracts

Samples: Forbearance Agreement and Credit Agreement (Clark Holdings Inc.), Amendment and Forbearance Agreement (Clark Holdings Inc.)

Binding Effect of Documents. Each Borrower hereby acknowledges, confirms and agrees that: (a) each of the Credit Agreement, Existing Loan Agreement, the Loan Documents and Existing Loan Documents to which it is a party has been duly executed and delivered to the Agent and the Lenders by each Borrower that is intended to be a party theretosuch Borrower, and each is and shall remain in full force and effect as of the date hereofhereof except as modified pursuant hereto, (b) the agreements and obligations of each such Borrower contained in such Loan Documents documents and in this Agreement constitute the legal, valid and binding obligations Obligations of such Borrower, enforceable against it in accordance with their respective terms, and no such Borrower has any no valid defense to the enforcement of such obligationsObligations, and (c) the Agent and the Lenders are and shall be entitled to the rights, remedies and benefits provided for in under the Credit Agreement, the Existing Loan Agreement, the Loan Documents and the Existing Loan Documents and applicable law.

Appears in 2 contracts

Samples: Possession Credit Agreement (School Specialty Inc), Possession Credit Agreement (School Specialty Inc)

Binding Effect of Documents. Each Borrower hereby acknowledges, confirms and agrees that: (a) each of the Loan Agreement and the Loan Documents to which it is a party has been duly executed and delivered to the Agent and the Lenders by each Borrower that is intended to be a party theretosuch Borrower, and each is and shall remain in full force and effect as of the date hereofhereof except as modified pursuant hereto, (b) the agreements and obligations of each such Borrower contained in such Loan Documents documents and in this Agreement constitute the legal, valid and binding obligations Obligations of such Borrower, enforceable against it in accordance with their respective terms, and no such Borrower has any no valid defense to the enforcement of such obligationsObligations, and (c) the Agent and the Lenders are and shall be entitled to the rights, remedies and benefits provided for in under the Loan Agreement and the Loan Documents and applicable law.

Appears in 2 contracts

Samples: Forbearance Extension (Neenah Foundry Co), Loan and Security Agreement and Forbearance Agreement (Neenah Foundry Co)

Binding Effect of Documents. Each Borrower of the Borrowers hereby acknowledges, confirms confirms, and agrees that: (ai) each of the Loan Transaction Documents to which it is a party has been duly executed and delivered to the Agent and the Lenders Lender by each Borrower that is intended to be a party theretosuch Borrower, and each is and shall remain in full force and effect as of the date hereof, Effective Date; (bii) the agreements and obligations of each such Borrower contained in such Loan Transactions Documents and in this Agreement constitute the legal, valid valid, and binding obligations of such Borrower, enforceable against it in accordance with their respective terms, and no such Borrower has any no valid defense to the enforcement of such the obligations, ; and (ciii) the Agent and the Lenders are and shall be Lender is entitled to the rights, remedies remedies, and benefits provided for in under the Loan Transaction Documents and applicable law.

Appears in 2 contracts

Samples: Second Forbearance Agreement (Appreciate Holdings, Inc.), Forbearance Agreement (Appreciate Holdings, Inc.)

Binding Effect of Documents. Each The Borrower hereby here by acknowledges, confirms and agrees that: (a) each of the Loan Documents to which it is a party has been duly executed and delivered to the Agent and the Lenders by each Borrower that is intended to be a party theretothe Borrower, and each is in full force and effect as of the date hereof, (b) the agreements and obligations of each the Borrower contained in such Loan Documents documents and in this Agreement Amendment constitute the legal, valid and binding obligations of such the Borrower, enforceable against it in accordance with their respective terms, and no the Borrower has any no valid defense to the enforcement of such obligations, and (c) each of the Lenders and the Agent and the Lenders are is and shall be entitled to the rights, remedies and benefits provided for in the Loan Documents and applicable law.

Appears in 1 contract

Samples: Credit Agreement (Carlisle Holdings LTD)

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Binding Effect of Documents. Each Borrower hereby acknowledges, confirms and agrees that: (a) each of the Credit Agreement and the other Loan Documents to which it is a party has been duly executed and delivered to the Agent and the Lenders by each Borrower that is intended to be a party theretoBorrower, and each is and shall remain in full force and effect as of the date hereofhereof except as modified pursuant hereto, (b) the agreements and obligations of each Borrower contained in such Loan Documents documents and in this Agreement constitute the legal, valid and binding obligations Obligations of such Borrower, enforceable against it in accordance with their respective terms, and no Borrower has any no valid defense to the enforcement of such obligationsObligations, and (c) the Agent and the Lenders are and shall be entitled to the rights, remedies and benefits provided for in under the Credit Agreement, the other Loan Documents and applicable law.

Appears in 1 contract

Samples: Credit Agreement (Ocz Technology Group Inc)

Binding Effect of Documents. Each Borrower hereby acknowledges, confirms and agrees that: (ai) each of the Loan Agreements and the other Loan Documents to which it is a party has been duly executed and delivered to the Agent and the Lenders Lender by each Borrower that is intended to be a party theretosuch Borrower, as applicable, and each is and shall remain in full force and effect as of the date hereofhereof except as modified pursuant hereto, (bii) the agreements and obligations of each Borrower Borrowers contained in such Loan Documents documents and in this Agreement Amendment constitute the legal, valid and binding obligations Obligations of such BorrowerBorrowers, enforceable against it them in accordance with their respective terms, and Borrowers have no Borrower has any valid defense to the enforcement of such obligationsObligations, and (ciii) the Agent and the Lenders are Lender is and shall be entitled to the rights, remedies and benefits provided for in under the Loan Agreements, the Loan Documents and applicable law.

Appears in 1 contract

Samples: Global Axcess Loan and Security (Global Axcess Corp)

Binding Effect of Documents. Each Borrower hereby acknowledges, confirms and agrees that: (a) each of the Credit Agreement and the Loan Documents to which it is a party has been duly executed and delivered to the Agent and the Lenders by each Borrower that is intended to be a party theretoBorrower, and each is and shall remain in full force and effect as of the date hereofhereof except as modified pursuant hereto, (b) the agreements and obligations of each Borrower contained in such Loan Documents documents and in this Agreement constitute the legal, valid and binding obligations Obligations of such Borrower, enforceable against it in accordance with their respective terms, and no Borrower has any no valid defense to the enforcement of such obligationsObligations, and (c) the Agent and the Lenders are and shall be entitled to the rights, remedies and benefits provided for in under the Credit Agreement and the Loan Documents and applicable law.

Appears in 1 contract

Samples: Forbearance Agreement (Dialogic Inc.)

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