Consent to Release. Hess consents to the release described in Section 1.4. Further, Hess hereby releases and agrees to the cancellation of (i) the Guaranty of Trading Obligations, dated October 20, 2005, from Atlas DE and (ii) the commercial letter of credit in the amount of $1,000,000 deposited with Hess.
Consent to Release. Upon the occurrence of the Amendment Effective Date, Laurus hereby agrees, notwithstanding the terms and conditions of the Side Letter Agreement, to direct North Fork Bank to release (the “Release”) the sum of $2,500,000 from the Restricted Account to the Company per the wiring instructions attached hereto as Exhibit A.
Consent to Release. On the Restatement Effective Date, (w) the Original JPY Borrower shall be released from its Obligations, (x) the security interests that the Original JPY Borrower granted pursuant to the Collateral Documents and the security interest created over the equity interests issued by the Original JPY Borrower pursuant to the Collateral Documents shall be released, in each case in accordance with Section 9.17 of the Existing Credit Agreement and the Amended and Restated Credit Agreement, (y) any Guaranties made by the Original JPY Borrower shall be terminated and (z) the security interests pursuant to the Collateral Documents in the intellectual property specified on Exhibit G hereto shall be released. In connection with the foregoing, (x) the Agent is hereby authorized to take any action reasonably required (as determined in the Agent’s sole discretion) to give effect to the releases contemplated by this Section 7, and (y) the Agent shall execute and deliver (1) a payoff letter in substantially the form of Exhibit B hereto, (2) a Share Pledge Release Agreement, among the Agent, Diversey, Inc. and the Original JPY Borrower in substantially the form of Exhibit C hereto, (3) a Security Release Agreement, among the Agent and the Original JPY Borrower, in substantially the form of Exhibit D hereto, (4) a Sealed Air (Japan) Share Pledge Release Agreement, among the Agent, the Original JPY Borrower and Sealed Air Japan Limited in substantially the form of Exhibit E hereto (5) a Release Agreement, relating solely to the intellectual property specified in Exhibit G, among the Agent and the Company, in substantially the form of Exhibit H hereto.
Consent to Release. Each of the Approving Lenders and each Agent acknowledges and agrees that in connection with the transactions described in Section 7.05(j) of the Credit Agreement (as amended hereby) any Liens of the Lenders on the Subject Receivables sold (or purported to be sold) in connection with such transactions shall be released immediately upon such sale (or purported sale) without further action by any party. By its execution of this Eighth Amendment each Approving Lender hereby reaffirms and confirms the authority of the Agents to release such Liens. Each Agent shall execute and deliver (at the cost and expense of Borrowers) in accordance with Section 9.10 of the Credit Agreement (as amended hereby) such releases, terminations, documents and other instruments as the Borrowers may reasonably request in order to evidence such release described in this Section 9.
Consent to Release. The Lenders hereby agree that upon the effectiveness of this Amendment and immediately following the Contribution and the assumption of the obligations of Intermediate Holdings, Existing Holdings shall be released from all of its obligations as a Loan Party pursuant to the Loan Documents (except, for the avoidance of doubt, its obligations under Section 4 of this Amendment) in accordance with Section 7.09 to the Credit Agreement, and to the extent any Default or Event of Default would occur as a direct result of the formation of Intermediate Holdings by Existing Holdings or the Contribution, in each case, as expressly contemplated hereby, each Lender party hereto hereby waives such Default or Event of Default. For the avoidance of doubt, the issuance of the Senior Discount Notes (as defined below) or any other Indebtedness by Existing Holdings following the Effectiveness of this Amendment shall not be a Debt Issuance for purposes of the Credit Agreement.
Consent to Release. Loan Estimate and Closing Disclosure, Personal and/or Private Information: Waiver and Release. (Initial if accepted)
Consent to Release. Xxxxxxxx acknowledges and consents to the release of the Released Stock from the security interests and stock pledges granted under the Xxxxxxxx Security Agreement, and further acknowledges and consents to the deletion of the Released Stock from the collateral description contained within the Xxxxxxxx UCC-1.
Consent to Release. Each of the Lenders hereby consents to (i) the release by the Collateral Trustee of the Pool Vessels described on Exhibit B from the Lien of the Mortgage and the other Loan Documents (including, without limitation, all earnings and insurances related thereto) and (ii) the execution, delivery and/or filing or recording by the Collateral Agent of all instruments, documents and agreements deemed by the Collateral Agent as necessary or appropriate to effectuate such release.
Consent to Release. Each of the Lenders hereby consents to the execution and delivery by the Administrative Agent of the Borrower Assignment, Assumption and Release and the release of the “Assignor” (as defined therein) contemplated by paragraph 3 thereof.
Consent to Release. The Lenders hereby consent to, and direct the Agent to effectuate, the release of Orchard Opco from its guarantee under the Guarantee and Collateral Agreement and from any other obligations of Orchard Opco under the Loan Documents and the release by the Agent of any Collateral pledged by Orchard Opco as security for the obligations under the Loan Documents. The Lenders acknowledge and agree that, from and after the date this First Amendment shall take effect, Orchard Opco shall cease to be a Loan Party.
