Common use of Complete Agreement; Amendments, Waivers, etc Clause in Contracts

Complete Agreement; Amendments, Waivers, etc. This Agreement represents the final agreement of the parties hereto with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the parties. No amendment, modification, waiver, discharge or termination of any provision hereof, nor any consent to any departure by any Grantor from, any provision of this Agreement, shall be effective unless in a writing executed and delivered in accordance with Section 11.1 of the Credit Agreement, and then the same shall be effective only in the specific instance and for the specific purpose for which given; provided that the Grantors shall provide the Administrative Agent with updated Annexes hereto as required by the terms of this Agreement and Section 6.1(e)(xi)(B) of the Credit Agreement, which shall, upon delivery by the Grantors and acceptance by the Administrative Agent or the Required Lenders, be deemed to replace the then existing Annexes, and each such delivery shall constitute a representation by the Grantors of the accuracy and completeness of such updated Annexes. Delivery of such updated Annexes shall not be deemed to waive any Default or Event of Default relating thereto (if any) unless the sole Default or Event of Default results from the failure of the Grantors to notify the Administrative Agent of an event or condition disclosed on such updated Annex and such event or condition is otherwise permitted under the Loan Documents. In the absence of the preparation and delivery of an updated Annex H reflecting such new Deposit Account, any description in any notice of any newly acquired or opened Deposit Account delivered by the Borrower to the Administrative Agent pursuant to Section 4.13 of this Agreement or otherwise shall be deemed incorporated by reference into Annex H.

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.)

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Complete Agreement; Amendments, Waivers, etc. This Agreement represents the final agreement of the parties hereto with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the parties. No amendment, modification, waiver, discharge or termination of any provision hereof, nor any consent to any departure by any Grantor from, any provision of this Agreement, shall be effective unless approved by CoBank and contained in a writing executed and delivered by CoBank and (in accordance with Section 11.1 the case of amendments) the Credit AgreementGrantors, and then the same shall be effective only in the specific instance and for the specific purpose for which given; provided that the Grantors shall may from time to time provide the Administrative Agent CoBank with updated Annexes hereto as required by the terms of this Agreement and Section 6.1(e)(xi)(B) of the Credit Agreementhereto, which shall, updated Annexes shall upon delivery by the Grantors and acceptance by the Administrative Agent or the Required Lenders, be deemed to replace the then existing Annexes, and each such delivery shall constitute a representation by the Grantors of the accuracy and completeness of such updated Annexes to the extent the same is required with respect to such Annexes. Delivery of such updated Annexes shall not be deemed to waive any Potential Default or Event of Default relating thereto (if any) unless the sole Potential Default or Event of Default results from the failure of the Grantors to notify the Administrative Agent CoBank of an event or condition disclosed on such updated Annex and such event or condition is otherwise permitted under the Loan Documents. In the absence of the preparation and delivery of an updated Annex H reflecting such new Deposit Account, any description in any notice of any newly acquired or opened Deposit Account delivered by the Borrower to the Administrative Agent CoBank pursuant to Section 4.13 of this the Loan Agreement or otherwise shall be deemed incorporated by reference into Annex H.

Appears in 1 contract

Samples: Pledge and Security Agreement (Nuvera Communications, Inc.)

Complete Agreement; Amendments, Waivers, etc. This Agreement represents the final agreement of the parties hereto with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the parties. No amendment, modification, waiver, discharge or termination of any provision hereof, nor any consent to any departure by any Grantor from, any provision of this Agreement, shall be effective unless in a writing executed and delivered in accordance with Section 11.1 of the Amended and Restated Credit Agreement, and then the same shall be effective only in the specific instance and for the specific purpose for which given; provided that the Grantors shall provide the Administrative Agent with updated Annexes hereto as required by the terms of this Agreement and Section 6.1(e)(xi)(B) of the Amended and Restated Credit Agreement, which shallupdated Annexes shall be acceptable to the Administrative Agent in its reasonable discretion, shall upon delivery by the Grantors and acceptance by the Administrative Agent or the Required Lenders, be deemed to replace the then existing Annexes, and each such delivery shall constitute a representation by the Grantors of the accuracy and completeness of such updated Annexes to the extent the same is required with respect to such Annexes. Delivery of such updated Annexes shall not be deemed to waive any Default or Event of Default relating thereto (if any) unless the sole Default or Event of Default results from the failure of the Grantors to notify the Administrative Agent of an event or condition disclosed on such updated Annex and such event or condition is otherwise permitted under the Loan Documents. In the absence of the preparation and delivery of an updated Annex H reflecting such new Deposit Account, any description in any notice of any newly acquired or opened Deposit Account delivered by the Borrower a Grantor to the Administrative Agent pursuant to Section 4.13 4.14 of this Agreement or otherwise shall be deemed incorporated by reference into Annex H.Xxxxx X.

Appears in 1 contract

Samples: Pledge and Security Agreement (Nuvera Communications, Inc.)

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Complete Agreement; Amendments, Waivers, etc. This Agreement represents the final agreement of the parties hereto with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the parties. No amendment, modification, waiver, discharge or termination of any provision hereof, nor any consent to any departure by any Grantor from, any provision of this Agreement, shall be effective unless approved by CoBank and contained in a writing executed and delivered by CoBank and (in accordance with Section 11.1 the case of amendments) the Credit AgreementGrantors, and then the same shall be effective only in the specific instance and for the specific purpose for which given; provided that the Grantors shall may from time to time provide the Administrative Agent CoBank with updated Annexes hereto as required by the terms of this Agreement and Section 6.1(e)(xi)(B) of the Credit Agreementhereto, which shall, updated Annexes shall upon delivery by the Grantors and acceptance by the Administrative Agent or the Required Lenders, be deemed to replace the then existing Annexes, and each such delivery shall constitute a representation by the Grantors of the accuracy and completeness of such updated Annexes to the extent the same is required with respect to such Annexes. Delivery of such updated Annexes shall not be deemed to waive any Potential Default or Event of Default relating thereto (if any) unless the sole Potential Default or Event of Default results from the failure of the Grantors to notify the Administrative Agent CoBank of an event or condition disclosed on such updated Annex and such event or condition is otherwise permitted under the Loan Documents. In the absence of the preparation and delivery of an updated Annex H reflecting Hreflecting such new Deposit Account, any description in any notice of any newly acquired or opened Deposit Account delivered by the Borrower to the Administrative Agent CoBank pursuant to Section 4.13 of this the Loan Agreement or otherwise shall be deemed incorporated by reference into Annex H.H. Amended and Restated Pledge and Security Agreement/New Ulm Telecom, Inc. Loan No. RX0583

Appears in 1 contract

Samples: Pledge and Security Agreement (New Ulm Telecom Inc)

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