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 acknowledge that as of the close of business on November 24, 2014, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreements.
Confirmation of Indebtedness. The Company confirms and acknowledges that as of January 31, 2014 the Company was indebted to the Investors, 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 $8,200,819 consisting of principal of $6,289,492 and interest of $1,910,777 plus all fees, costs and expenses incurred to date in connection with the Investment Agreement and the other Transaction Documents.
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 January 22, 2003 is $645,000.00. The outstanding principal balance under the Term Note as of January 22, 2003 is $965,000.00. Interest has and continues to accrue under the Notes in accordance with the terms thereof.
Confirmation of Indebtedness. The Borrower owes the Lenders $28,875,000 in respect of the outstanding principal balance of the Loans as of the date of this Forbearance Agreement, and as of November 1, 1999, accrued and unpaid interest thereon in the amount of $141,578.04, with a PER DIEM interest charge as of November 1, 1999 of $8,221.36 and $7,792.36 of unpaid fees and unreimbursed expenses. The total amount of the Borrower's indebtedness and obligations to the Lenders evidenced by and/or related to the Loan Agreement, the Notes, the Security Documents and each agreement and instrument executed in connection therewith (collectively with this Agreement and any agreement or instrument executed in connection herewith, and as the same have been or may hereafter be amended and/or restated from time to time, the "LOAN DOCUMENTS"), including without limitation principal, interest and reasonable fees and reasonable expenses of counsel is, by the execution hereof by the Borrower, ratified, confirmed and approved by the Borrower in all respects (the indebtedness and obligations referred to in this sentence and all obligations of the Borrower to the Lenders under this Agreement, in each case whether now existing or hereafter arising and whether incurred before or after the filing of any reorganization petition, are hereinafter referred to collectively as the "OBLIGATIONS"). The Borrower acknowledges and agrees that (i) the Obligations are valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their terms, and (ii) the Obligations are due and payable in full and the Borrower is presently obligated to pay the amounts referred to in the first sentence of this SS.1 and all of its other existing Obligations in accordance with the terms of the Loan Documents, all without any further demand, notice or claim by the Lenders. Without limiting the foregoing, the Borrower acknowledges and agrees that the Lenders have no forbearance obligation whatsoever except as expressly provided in this Forbearance Agreement. The Borrower further acknowledges and agrees that the value of the Collateral (as defined below) securing the Obligations is substantially in excess of the amount of the Obligations.
Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on May 3, 2012 it was indebted to Lender under the Revolving Credit in the aggregate principal amount of $5,153,416.07 (including undrawn Letters of Credit), without any deduction, defense, setoff, claim or counterclaim, of any nature, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.
