Common use of Company Acknowledgements Clause in Contracts

Company Acknowledgements. The Company confirms, acknowledges and agrees that (i) the Security Agreement and the Stock Pledge Agreement secure all of the Company's obligations under the Transaction Documents (as defined below) and (ii) any future additional advances to the Company by the Lenders under the Optional Advance Notes, or any other future financing of the Company by the Lenders or their affiliates, are at the option of the Lenders or their affiliates, in their sole discretion. The Company further confirms, acknowledges and agrees that: (i) as reflected on the First Amendment Agreement through this Agreement, the Lenders have already made substantial additional advances to the Company and the total amount of advances by the Lenders to date are far in excess of the maximum amount of advances originally contemplated, (ii) the Lenders were under no obligation to make such previous additional advances and did so to help the Company in a time of need with its tight financial position, (iii) the Lenders have been very accommodating to the Company in this regard, (iv) the Lenders are under no obligation to make any future additional advances, (v) the Company has been aware for some time of the need for the Company to line up alternative financing sources and put in place alternative financing arrangements, (vi) the Company is and was aware that the Lenders do not intend to make any additional advances after this Agreement, (vii) accordingly, the Company is aware that it needs to line up alternative financing sources and put in place alternative financing arrangements, and (viii) it is the Company's sole responsibility to line up alternative financing sources and put in place alternative financing arrangements in amounts, and on terms and at times necessary to meet its financing needs.

Company Acknowledgements. The Company confirms, acknowledges and agrees that (i) after giving effect to the Initial Conversions and the Additional Conversions, the Security Agreement Agreements and the Stock Pledge Agreement Agreements will continue to secure all of the Company's remaining obligations under the Transaction Loan Documents (as defined below) and (ii) any future additional advances to the Company by the Lenders under the Optional Advance Notes, or any conversions or other future financing of the Company by the Lenders or their affiliatesaffiliates (other than the Initial Conversion and the Additional Conversions on the terms and conditions hereof), are at the option of the Lenders or their affiliates, in their sole discretion. The Company further confirms, acknowledges and agrees that: (i) as reflected on in the First Amendment Agreement through this AgreementLoan Documents, (a) the Lenders have already made substantial additional advances to the Company and that were not originally contemplated, (b) the total amount of advances by the Lenders to date are far in excess of the maximum amount of advances originally contemplated, and (c) as a result of several extensions of the maturity date, the advances are for a substantially longer term than originally contemplated, (ii) the Lenders were under no obligation to make such previous additional advances or grant such extensions and did so to help the Company in a time of need with its tight financial position, (iii) the Lenders have been very accommodating to the Company in this regard, (iv) the Lenders are under no obligation to make any future additional advances, grant any further extensions, or do any conversions or other future financing of the Company (other than the Initial Conversions and the Additional Conversions on the terms and conditions hereof), (v) the Company has been aware for some time of the need for the Company to line up alternative financing sources and put in place alternative financing arrangements, (vi) the Company is and was aware that the Lenders do not intend to make any additional advances after this Agreementor grant any further extensions, (vii) accordingly, the Company is aware that it needs to line up alternative financing sources and put in place alternative financing arrangements, and (viii) it is the Company's sole responsibility to line up alternative financing sources and put in place alternative financing arrangements in amounts, and on terms and at times necessary to meet its financing needs.

Company Acknowledgements. The Company confirms, acknowledges and agrees that (i) the Security Agreement and the Stock Pledge Agreement secure all of the Company's obligations under the Transaction Documents (as defined below) and (ii) any future additional advances to the Company by the Lenders under the Optional Advance Notes, or any other future financing of the Company by the Lenders or their affiliates, are at the option of the Lenders or their affiliates, in their sole discretion. The Company further confirms, acknowledges and agrees that: (i) as reflected on the First Amendment Agreement through this Agreement, (a) the Lenders have already made substantial additional advances to the Company and that were not originally contemplated, (b) the total amount of advances by the Lenders to date are far in excess of the maximum amount of advances originally contemplated, and (c) as a result of several extensions of the maturity date, the advances are for a substantially longer term than originally contemplated, (ii) the Lenders were under no obligation to make such previous additional advances or grant such extensions and did so to help the Company in a time of need with its tight financial position, (iii) the Lenders have been very accommodating to the Company in this regard, (iv) the Lenders are under no obligation to make any future additional advancesadvances or grant any further extensions, (v) the Company has been aware for some time of the need for the Company to line up alternative financing sources and put in place alternative financing arrangements, (vi) the Company is and was aware that the Lenders do not intend to make any additional advances or grant any further extensions after this Agreement, (vii) accordingly, the Company is aware that it needs to line up alternative financing sources and put in place alternative financing arrangementsarrangements quickly, and (viii) it is the Company's sole responsibility to line up alternative financing sources and put in place alternative financing arrangements in amounts, and on terms and at times necessary to meet its financing needs.

Company Acknowledgements. The Company confirms, acknowledges and agrees that (i) the Security Agreement and the Stock Pledge Agreement secure all of the Company's obligations under the Transaction Documents (as defined below) and (ii) any future additional advances to the Company by the Lenders under the Optional Advance Notes, or any other future financing of the Company by the Lenders or their affiliatesLenders, are at the option of the Lenders or their affiliatesLenders, in their sole discretion. The Company further confirms, acknowledges and agrees that: (i) as reflected on the First Amendment Agreement through this Agreement, the Lenders have already made substantial additional advances to the Company and the total amount of advances by the Lenders to date are far in excess of the maximum amount of advances originally contemplated, (ii) the Lenders were under no obligation to make such previous additional advances and did so to help the Company in a time of need with its tight financial position, (iii) the Lenders have been very accommodating to the Company in this regard, (iv) the Lenders are under no obligation to make any future additional advances, (v) the Company has been aware for some time of the need for the Company to line up alternative financing sources and put in place alternative financing arrangements, (vi) the Company is and was aware that the Lenders do not intend to make any additional advances after this Agreement, (vii) accordingly, the Company is aware that it needs to line up alternative financing sources and put in place alternative financing arrangements, and (viii) it is the Company's sole responsibility to line up alternative financing sources and put in place alternative financing arrangements in amounts, and on terms and at times necessary to meet its financing needs.

Company Acknowledgements. The Company confirms, acknowledges and agrees that (i) the Security Agreement and the Stock Pledge Agreement secure all of the Company's obligations under the Transaction Documents (as defined below) and (ii) any future additional advances to the Company by the Lenders under the Optional Advance Notes, or any other future financing of the Company by the Lenders or their affiliates, are at the option of the Lenders or their affiliates, in their sole discretion. The Company further confirms, acknowledges and agrees that: (i) as reflected on the First Amendment Agreement through this Agreement, (a) the Lenders have already made substantial additional advances to the Company and that were not originally contemplated, (b) the total amount of advances by the Lenders to date are far in excess of the maximum amount of advances originally contemplated, and (c) as a result of several extensions of the maturity date, the advances are for a substantially longer term than originally contemplated, (ii) the Lenders were under no obligation to make such previous additional advances or grant such extensions and did so to help the Company in a time of need with its tight financial position, (iii) the Lenders have been very accommodating to the Company in this regard, (iv) the Lenders are under no obligation to make any future additional advancesadvances or grant any further extensions, (v) the Company has been aware for some time of the need for the Company to line up alternative financing sources and put in place alternative financing arrangements, (vi) the Company is and was aware that the Lenders do not intend to make any additional advances or grant any further extensions after this Agreement, (vii) accordingly, the Company is aware that it needs to line up alternative financing sources and put in place alternative financing arrangementsarrangements quickly, and (viii) it is the Company's sole responsibility to line up alternative financing sources and put in place alternative financing arrangements in amounts, and on terms and at times necessary to meet its financing needs. Without limiting the generality of the foregoing, the Company hereby specifically confirms, acknowledges and agrees that (i) the extension of the maturity date of the Notes pursuant to Section 1 hereof is only being done to give the Company a short-term extension and does not reflect any intent of the Lenders to grant further extensions and (ii) the increase in the maximum principal amount of the Optional Advance Notes pursuant to Section 3 hereof is only being done to (a) cover additional advances in the form of direct payment by the Lenders of certain additional costs and expenses of the Lenders payable by the Company which already have been incurred or later may be incurred and/or (b) leave room and flexibility for possible later consideration by the Lenders of additional advances in the form of direct advances to the Company, at the option of the Lenders in their sole discretion, and does not reflect any intent of the Lenders to make additional advances other than as may be necessary to pay such costs and expenses of the Lenders.

Company Acknowledgements. The Company confirms, acknowledges and agrees that (i) the Security Agreement and the Stock Pledge Agreement secure all of the Company's obligations under the Transaction Documents (as defined below) and (ii) any future additional advances to the Company by the Lenders under the Optional Advance Notes, or any other future financing of the Company by the Lenders or their affiliatesLenders, are at the option of the Lenders or their affiliatesLenders, in their sole discretion. The Company further confirms, acknowledges and agrees that: that (i) as reflected on the First Amendment Agreement through this Agreement, the Lenders have already made substantial additional advances to the Company and the total amount of advances by the Lenders to date are far in excess of the maximum amount of advances originally contemplated, (ii) the Lenders were under no obligation to make such previous additional advances and did so to help the Company in a time of need with its tight financial position, (iii) the Lenders have been very accommodating to the Company in this regard, (iv) the Lenders are under no obligation to make any future additional advances, (v) the Company has been aware for some time of the need for the Company to line up alternative financing sources and put in place alternative financing arrangements, (vi) the Company is and was has also been aware that the Lenders do not intend have any intent to make any continue making future additional advances after this Agreement, (vii) accordingly, the Company is aware that it needs to line up these alternative financing sources and put in place these alternative financing arrangementsarrangements very soon, and (viii) it is the Company's sole responsibility to line up such alternative financing sources and put in place such alternative financing arrangements in amounts, and on terms and at times necessary to meet its financing needs.