Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30, 2014, Borrowers were indebted to Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.
Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18, 2009, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, under the Loan Documents, in the aggregate principal amount of $5,152,277.91 plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.
Confirmation of Indebtedness. Borrower and each Subsidiary Guarantor confirm and acknowledge that as of the close of business on September 29, 2009, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 and (ii) Issuing Bank has issued Letters of Credit in the face amount of $50,000, in each case without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.
Confirmation of Indebtedness. Loan Parties confirm and agree that as of the close of business on May 11, 2005, they are indebted to Lender under the Loan Agreement and Other Agreements, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoever, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Agreement, Other Documents and related agreements.
Confirmation of Indebtedness. The Company confirms and acknowledges that as of the date hereof the Company was indebted to the Investor, without any deduction, defense, setoff, claim or counterclaim, of any nature, in aggregate principal and interest (including Amortization Amounts as set forth in the Fourth Amendment) in the amount of $ 17,141,135, plus all fees, costs and expenses incurred to date in connection with the Investment Agreement and the other Transaction Documents.
Confirmation of Indebtedness. The Borrowers hereby confirm and acknowledge that, as of the Closing Date, (i) the Borrowers are truly and justly indebted to the Lenders, without defense, counterclaim or offset of any kind and (ii) the Borrowers are liable to the Lenders in respect of Loans and Letters of Credit in the aggregate principal amount of $__________.
Confirmation of Indebtedness. The Borrower and the Guarantors hereby confirm and acknowledge that, as of the Effective Date, (i) the Borrower is truly and justly indebted to the Lenders, without defense, counterclaim or offset of any kind, (ii) the Borrower is liable to the Lenders in respect of Advances in the aggregate principal amount of $101,500,000, and (iii) each Guarantor is contingently liable to the Lenders pursuant to such guarantee.
Confirmation of Indebtedness. Borrower ratifies and reaffirms all of ---------------------------- its obligations to Bank under the Credit Agreement and related agreements, instruments and documents and agrees that the same are owing to Bank without any deduction, defense, setoff, claim or counterclaim, of any nature.
Confirmation of Indebtedness. The outstanding principal balance under the Revolving Note as of April 20, 2004 is $500,000.00. The outstanding principal balance under the Term Note as of April 20, 2004 is $280,000.00. Interest has and continues to accrue under the Notes in accordance with the terms thereof.
Confirmation of Indebtedness. Company confirms and acknowledges that as of the close of business on April 19, 2010, Company was indebted to Lender without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal and interest in the amount of $12,178,121 of which $4,292,566 is due on account of the March 2009 Note, $1,206,750 is due on account of the July 2009 Note and $6,678,805 is due on account of Advances (as defined in the Credit Agreement), plus all fees, costs and expenses incurred to date in connection with the Purchase Agreement, the Credit Agreement and the other Transaction Documents.