Common use of Binding Effect of Financing Agreements Clause in Contracts

Binding Effect of Financing Agreements. Borrowers and Guarantors hereby acknowledge, confirm and agree that: (i) each of the Financing Agreements to which Borrowers and Guarantors are a party has been duly executed and delivered to Agent and Secured Parties by Borrowers and Guarantors, and each is in full force and effect as of the date hereof, (ii) the agreements and obligations of Borrowers and Guarantors contained in such Financing Agreements to which they are a party and in this Agreement constitute the legal, valid and binding Obligations of Borrowers and Guarantors, enforceable against them in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability, and Borrowers and Guarantors have no valid defense to the enforcement of such Obligations, and (iii) Agent and Secured Parties is and shall be entitled to the rights, remedies and benefits provided for in the Financing Agreements and pursuant to applicable law, but subject to the terms and conditions of this Agreement.

Binding Effect of Financing Agreements. Borrowers Borrower and Guarantors Parent hereby acknowledge, confirm and agree that: (i) each of the Financing Agreements to which Borrowers Borrower and Guarantors Parent (as applicable) are a party has been duly executed and delivered to Agent Wachovia by Borrower and Secured Parties by Borrowers and GuarantorsParent (as applicable), and each is in full force and effect as of the date hereof, (ii) the agreements and obligations of Borrowers Borrower and Guarantors Parent (as applicable) contained in such Financing Agreements to which they are a party and in this Agreement constitute the legal, valid and binding Obligations of Borrowers Borrower and GuarantorsParent (as applicable), enforceable against them in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability, and Borrowers Borrower and Guarantors Parent (as applicable) have no valid defense to the enforcement of such Obligations, and (iii) Agent and Secured Parties Wachovia is and shall be entitled to the rights, remedies and benefits provided for in the Financing Agreements and pursuant to applicable law, but subject to the terms and conditions of this Agreement.

Binding Effect of Financing Agreements. Borrowers Borrower and Guarantors Parent hereby acknowledge, confirm and agree that: (i) each of the Financing Agreements to which Borrowers Borrower and Guarantors Parent (as applicable) are a party has been duly executed and delivered to Agent Xxxxx Fargo by Borrower and Secured Parties by Borrowers and GuarantorsParent (as applicable), and each is in full force and effect as of the date hereof, (ii) the agreements and obligations of Borrowers Borrower and Guarantors Parent (as applicable) contained in such Financing Agreements to which they are a party and in this Agreement constitute the legal, valid and binding Obligations of Borrowers Borrower and GuarantorsParent (as applicable), enforceable against them in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability, and Borrowers Borrower and Guarantors Parent (as applicable) have no valid defense to the enforcement of such Obligations, and (iii) Agent and Secured Parties Xxxxx Fargo is and shall be entitled to the rights, remedies and benefits provided for in the Financing Agreements and pursuant to applicable law, but subject to the terms and conditions of this Agreement.

Binding Effect of Financing Agreements. Borrowers Borrower and Guarantors hereby acknowledge, confirm and agree that: (i) each of the Financing Agreements to which Borrowers Borrower and Guarantors are a party has been duly executed and delivered to Agent and Secured Parties by Borrowers Borrower and Guarantors, and each is in full force and effect as of the date hereof, (ii) the agreements and obligations of Borrowers Borrower and Guarantors contained in such Financing Agreements to which they are a party and in this Agreement Amendment constitute the legal, valid and binding Obligations of Borrowers Borrower and Guarantors, enforceable against them in accordance with its their terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability, and Borrowers Borrower and Guarantors have no valid defense to the enforcement of such Obligations, and (iii) Agent and Secured Parties is are and shall be entitled to the rights, remedies and benefits provided for in the Financing Agreements (including this Amendment) and pursuant to applicable law, but subject to the terms and conditions of this Agreement.