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.
Appears in 2 contracts
Samples: And Waiver (PSC Inc), PSC Inc
Confirmation of Indebtedness. The Borrower and the Subsidiary 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 made under the Credit Agreement, as of March 15, 2002, in the aggregate principal amount of $101,500,000, 207,510,640.41 and (iii) each Subsidiary Guarantor is contingently liable to the Lenders pursuant to in respect of such guaranteeamount.
Appears in 1 contract
Samples: Credit Agreement (Applied Graphics Technologies Inc)
Confirmation of Indebtedness. The Borrower and the Guarantors Borrowers hereby confirm and acknowledge that, as of the Effective Closing Date, (i) the Borrower is Borrowers are truly and justly indebted to the Lenders, without defense, counterclaim or offset of any kind, kind and (ii) the Borrower is Borrowers are liable to the Lenders in respect of Advances Loans in the aggregate principal amount of $101,500,000, and (iii) each Guarantor is contingently liable to the Lenders pursuant to such guarantee129,024,851.
Appears in 1 contract
Samples: And Consolidated Credit Agreement (American Skiing Co /Me)
Confirmation of Indebtedness. The Borrower Each of the Borrowers and the Guarantors hereby confirm confirms and acknowledge acknowledges that, as of the Effective Datedate hereof, (i) the Borrower is truly and justly Borrowers are indebted to the Lenders, without defense, counterclaim or offset of any kind, (ii) the Borrower is Borrowers are liable to the Lenders in respect of Advances Loans made under the Credit Agreement in the aggregate principal amount of $101,500,000195,900,256.28, plus accrued and unpaid interest, fees and other costs, and (iii) each Guarantor is contingently liable to the Lenders pursuant to in respect of such guaranteeamounts.
Appears in 1 contract
Samples: Credit Agreement (USD Partners LP)
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 Loans made under the Credit Agreement, as of November 13, 2001, in the aggregate principal amount of $101,500,000, 379,572,425.14 (inclusive of Letters of Credit) and (iii) each Guarantor is contingently liable to the Lenders pursuant to in respect of such guaranteeamount.
Appears in 1 contract
Samples: Credit Agreement (Sli Inc)
Confirmation of Indebtedness. The Borrower and the Guarantors Borrowers hereby confirm and acknowledge that, that (i) as of the Effective Date, (i) the Borrower is Borrowers are truly and justly indebted to the Lenders, without defense, counterclaim or offset of any kind, kind and (ii) as of March 7, 2002, the Borrower is Borrowers are liable to the Lenders in respect of Advances Loans and Letters of Credit in the aggregate principal amount of $101,500,000, and (iii) each Guarantor is contingently liable to the Lenders pursuant to such guarantee93,373,348.
Appears in 1 contract
Confirmation of Indebtedness. The Borrower and the Subsidiary 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 made under the Credit Agreement, as of July 24, 2001, in the aggregate principal amount of $101,500,000, 250,635,275.34 (exclusive of Letters of Credit) and (iii) each Subsidiary Guarantor is contingently liable to the Lenders pursuant to in respect of such guaranteeamount.
Appears in 1 contract
Samples: Credit Agreement (Applied Graphics Technologies Inc)
Confirmation of Indebtedness. The Borrower and the Guarantors Guarantor 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 the Loans made under the Loan Agreement in the aggregate principal amount of $101,500,000195,000,000, plus accrued and unpaid interest, and (iii) each the Guarantor is contingently liable to the Lenders pursuant to in respect of such guaranteeamounts.
Appears in 1 contract
Samples: Forbearance Agreement (Macquarie Infrastructure CO LLC)
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.
Appears in 1 contract
Samples: PSC Inc