Common use of Continued Effectiveness of the Financing Agreement and Other Loan Documents Clause in Contracts

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 8 contracts

Samples: Financing Agreement (TherapeuticsMD, Inc.), Financing Agreement (TherapeuticsMD, Inc.), Financing Agreement (TherapeuticsMD, Inc.)

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Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 3 contracts

Samples: Financing Agreement (OptimizeRx Corp), Financing Agreement (Steel Connect, Inc.), Financing Agreement (Steel Connect, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 3 contracts

Samples: Financing Agreement (Itt Educational Services Inc), Financing Agreement (Itt Educational Services Inc), Financing Agreement (Itt Educational Services Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Second Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended or modified by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (Rhino Resource Partners LP), Financing Agreement (GP Investments Acquisition Corp.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the First Amendment Effective Date, Date all references in the Financing Agreement or any such other Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that the Financing Agreement or any such other Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations or Guaranteed Obligations, as the case may be, of the any Loan Parties Party from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects as of the date hereof. This Amendment does not and shall not affect any of the obligations of the any Loan PartiesParty, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower’s obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the any other Loan Parties Party under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Xponential Fitness, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this AmendmentConsent, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Amendment Consent Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this AmendmentConsent, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Consent does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment Consent shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Consent to Financing Agreement (Rhino Resource Partners LP), Consent to Financing Agreement (Rhino Resource Partners LP)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Second Amendment Effective Date, Date all references in the Financing Agreement or any such other Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that the Financing Agreement or any such other Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations or Guaranteed Obligations, as the case may be, of the any Loan Parties Party from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects as of the date hereof. This Amendment does not and shall not affect any of the obligations of the any Loan PartiesParty, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower’s obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the any other Loan Parties Party under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Xponential Fitness, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this AmendmentAgreement, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Incremental Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this AmendmentAgreement, and (c) confirms and agrees that, that to the extent that that, any such Loan Document purports to assign or pledge to the Administrative Agent, Agent for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of Administrative the Agent or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (ITHAX Acquisition Corp.), Financing Agreement (ITHAX Acquisition Corp.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Third Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended or modified by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (GP Investments Acquisition Corp.), Financing Agreement (Rhino Resource Partners LP)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Second Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Secured Parties a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents, any Issuing Lender or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement, Financing Agreement (Alj Regional Holdings Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the First Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect, and nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Financing Agreement or instruments securing the same. Nothing expressed or implied in this Amendment shall be construed as a release or other discharge of any Loan Party under the Financing Agreement, or the other Loan Documents, as amended hereby, from any of its obligations and liabilities as a "Borrower", "Guarantor" or "Loan Party" thereunder. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement, Financing Agreement (Harvard Bioscience Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Fourth Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended or modified by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (Rhino Resource Partners LP), Financing Agreement (GP Investments Acquisition Corp.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Sixth Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended or modified by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (Rhino Resource Partners LP), Financing Agreement (GP Investments Acquisition Corp.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Sixth Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (Aurora Diagnostics Holdings LLC), Financing Agreement (Peekay Boutiques, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this AmendmentWaiver, and (cb) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Waiver does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment Waiver shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Limited Waiver (Itt Educational Services Inc), Limited Waiver (Itt Educational Services Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Fifth Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended or modified by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Financing Agreement (Rhino Resource Partners LP), Financing Agreement (GP Investments Acquisition Corp.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the First Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Secured Parties a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents, any Issuing Lender or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party The Borrower hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the First Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties Borrower from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan PartiesBorrower, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower’s obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties Borrower under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Imperial Holdings, LLC)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document (including the Shareholder Letter) to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Second Amendment Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and Amendment (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects and (d) with respect to each Loan Party that is a Guarantor, confirms and agrees that all of the provisions of and obligations under its Guaranty are hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Remark Holdings, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Fourth Amendment Effective Date, Date all references in the Financing Agreement or any such other Loan Document to “the "Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that the Financing Agreement or any such other Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations or Guaranteed Obligations, as the case may be, of the any Loan Parties Party from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects as of the date hereof. This Amendment does not and shall not affect any of the obligations of the any Loan PartiesParty, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower's obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the any other Loan Parties Party under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Xponential Fitness, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Fifth Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Peekay Boutiques, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 1 Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended herebyby this Amendment) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (AgileThought, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 1 Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Avid Technology, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 5 Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended herebyby this Amendment) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (AgileThought, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document (including the Shareholder Letter) to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Third Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and Amendment (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects and (d) with respect to each Loan Party that is a Guarantor, confirms and agrees that all of the provisions of and obligations under its Guaranty are hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Remark Holdings, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations or Guaranteed Obligations, as the case may be, of the any Loan Parties Party from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the any Loan PartiesParty, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrowers' obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the any other Loan Parties Party under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document. This Amendment shall constitute a Loan Document for all purposes of the Financing Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Financing Agreement (Oglebay Norton Co /Ohio/)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the First Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended or modified by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: To Financing Agreement (GP Investments Acquisition Corp.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party The Borrower hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Fourth Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties Borrower from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan PartiesBorrower, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower’s obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties Borrower under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Imperial Holdings, LLC)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the First Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations or Guaranteed Obligations, as the case may be, of the any Loan Parties Party from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the any Loan PartiesParty, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower’s obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the any other Loan Parties Party under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative the Agent or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Gordmans Stores, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this AmendmentAmendment and Waiver, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Waiver and First Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this AmendmentAmendment and Waiver, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent and the LendersSecured Parties, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment and Waiver does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment and Waiver shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Unique Logistics International, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party The Borrower hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Third Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties Borrower from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan PartiesBorrower, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower’s obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties Borrower under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Imperial Holdings, LLC)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document. CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Eighth Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Secured Parties a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents, any Issuing Lender or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision FINANCING AGREEMENT OR ANY OTHER LOAN DOCUMENT, NOR CONSTITUTE A WAIVER OF ANY PROVISION OF THE FINANCING AGREEMENT OR ANY OTHER LOAN DOCUMENT. The amendment of the Financing Agreement or any pursuant to this Amendment and all other Loan DocumentDocuments amended and/or executed and delivered in connection with this Amendment do not constitute a novation of the Financing Agreement and the other Loan Documents as in effect prior to the Eighth Amendment Effective Date.

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the First Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Secured Parties a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents, any Issuing Lender or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document. The amendment of the Financing Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection with this Amendment do not constitute a novation of the Financing Agreement and the other Loan Documents as in effect prior to the First Amendment Effective Date.

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Third Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Secured Parties a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents, any Issuing Lender or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document. The amendment of the Financing Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection with this Amendment do not constitute a novation of the Financing Agreement and the other Loan Documents as in effect prior to the Third Amendment Effective Date.

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, other than as expressly set forth in this Amendment, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, that to the extent that that, any such Loan Document purports to assign or pledge to the Administrative Agent, Agents for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative AgentAgents, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is is, subject to the release thereof as expressly set forth in this Amendment, hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other 142511597v9 Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Mondee Holdings, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 7 Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended herebyby this Amendment) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (AgileThought, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 2 Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Avid Technology, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Seventh Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Peekay Boutiques, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Seventh Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Secured Parties a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents, any Issuing Lender or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document. The amendment of the Financing Agreement PURSUANT TO THIS AMENDMENT AND ALL OTHER LOAN DOCUMENTS AMENDED AND/OR EXECUTED AND DELIVERED IN CONNECTION WITH THIS AMENDMENT DO NOT CONSTITUTE A NOVATION OF THE Financing Agreement and the other Loan Documents as in effect prior to the Seventh Amendment Effective Date.

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

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Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 7 Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Avid Technology, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Fourth Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Secured Parties a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents, any Issuing Lender or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document. The amendment of the Financing Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection with this Amendment do not constitute a novation of the Financing Agreement and the other Loan Documents as in effect prior to the Fourth Amendment Effective Date.

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Seventh Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended or modified by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Rhino Resource Partners LP)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this AmendmentConsent, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Consent Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this AmendmentConsent, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Consent does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment Consent shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Itt Educational Services Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document (in each case, as amended or otherwise modified by this Amendment) to which it is a party is, and shall continue to be, other than as expressly set forth in this Amendment, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 9 Effective Date, all references in any such Loan Document to the the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, that to the extent that that, any such Loan Document purports to assign or pledge to any Agent for the Administrative benefit of the Secured Parties (or any of them), or to grant to any Agent, for the benefit of the Administrative Agent and the Lenders, Secured Parties (or to grant to the Administrative Agent, for the benefit any of the Administrative Agent and the Lendersthem), a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan DocumentsDocuments (in each case, as amended or otherwise modified by this Amendment), such pledge, assignment and/or grant of the security interest or Lien is is, subject to the release thereof as expressly set forth in this Amendment, hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effecteffect (in each case, as amended or otherwise modified by this Amendment). Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Mondee Holdings, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 3 Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Avid Technology, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the First Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects and (d) with respect to each Loan Party that is a Guarantor, confirms and agrees that all of the provisions of and obligations under its Guaranty are hereby ratified and confirmed in all respects (and specifically confirms and agrees (without limiting any provisions of Sections 11.02 and 11.03 of the Financing Agreement) that the Obligations in respect of the Additional Loan shall constitute part of the Guaranteed Obligations). This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender - 29 - under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.. 7. Post-First

Appears in 1 contract

Samples: Financing Agreement

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Fourth Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Peekay Boutiques, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this AmendmentConsent, (b) confirms and agrees that the Financing Agreement Agreement, as amended hereby, and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Datedate hereof, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this AmendmentConsent, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Consent does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, as amended hereby, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the The execution, delivery and effectiveness of this Amendment Consent shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (KushCo Holdings, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 6 Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended herebyby this Amendment) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien Xxxx is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (AgileThought, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party The Borrower hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Second Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties Borrower from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan PartiesBorrower, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower’s obligation to repay the Loans in accordance with the terms of the Financing Agreement Agreement, or the obligations of the Loan Parties Borrower under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Imperial Holdings, LLC)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. (a) Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations or Guaranteed Obligations, as the case may be, of the any Loan Parties Party from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the any Loan PartiesParty, other than as expressly provided herein, including, without limitation, the Loan PartiesBorrowersobligations obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the any other Loan Parties Party under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Oglebay Norton Co /Ohio/)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the First Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended or modified by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Rhino Resource Partners LP)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Fifth Amendment Effective Date, Date all references in the Financing Agreement or any such other Loan Document to “the "Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that the Financing Agreement or any such other Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations or Guaranteed Obligations, as the case may be, of the any Loan Parties Party from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects as of the date hereof. This Amendment does not and shall not affect any of the obligations of the any Loan PartiesParty, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations Borrower's obligation to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the any other Loan Parties Party under any Loan Document to which they are it is a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Xponential Fitness, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Second Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Dico, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 5 Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Avid Technology, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document which purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent and the Lenders, Secured Parties a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Existing Financing Agreement (as amended hereby) and the other Loan Documents, including as each may be amended or restated on or after the date hereof, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Existing Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect, except as may be otherwise provided in the Amended and Restated Financing Agreement. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of Administrative Agent or the Agents, any Lender under the Financing Agreement under, or any other Loan Document nor constitute a waiver of any provision of of, the Existing Financing Agreement or any other Loan Document, including as each may be amended or restated on or after the date hereof.

Appears in 1 contract

Samples: Collateral Agent and Term Loan Lender Exit Agreement (Alj Regional Holdings Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Fifth Amendment Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", “thereof”, “,” "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects and (d) with respect to each Loan Party that is a Guarantor, confirms and agrees that all of the provisions of and obligations under its Guaranty are hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect, and nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Financing Agreement or instruments securing the same. Nothing expressed or implied in this Amendment shall be construed as a release or other discharge of any Loan Party under the Financing Agreement, or the other Loan Documents, as amended hereby, from any of its obligations and liabilities as a "Borrower", "Guarantor" or "Loan Party" thereunder. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Remark Holdings, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Eighth Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Peekay Boutiques, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 4 Effective Date, all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Avid Technology, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this Amendment, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Amendment No. 4 Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent Agents and the Lenders, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended herebyby this Amendment) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (AgileThought, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (a) acknowledges and consents to this AmendmentAmendment and Waiver, (b) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Waiver and Second Amendment Effective Date, all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this AmendmentAmendment and Waiver, and (c) confirms and agrees that, to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent, for the benefit of the Administrative Agent and the LendersSecured Parties, or to grant to the Administrative Collateral Agent, for the benefit of the Administrative Agent and the LendersSecured Parties, a security interest in or Lien on any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment and Waiver does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Term Loans in accordance with the terms of the Financing Agreement or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment and Waiver shall not operate as a waiver of any right, power or remedy of Administrative any Agent or any Lender under the Financing Agreement or any other Loan Document nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Unique Logistics International, Inc.)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Second Amendment Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect, and nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Financing Agreement or instruments securing the same. Nothing expressed or implied in this Amendment shall be construed as a release or other discharge of any Loan Party under the Financing Agreement, or the other Loan Documents, as amended hereby, from any of its obligations and liabilities as a "Borrower", "Guarantor" or "Loan Party" thereunder. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Harvard Bioscience Inc)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Seventh Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Aurora Diagnostics Holdings LLC)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this AmendmentWaiver, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Amendment Waiver Effective Date, Date all references in any such Loan Document to "the Financing Agreement", the "Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended modified by this AmendmentWaiver, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended modified hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties' obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment Waiver shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Waiver to Financing Agreement (Aurora Diagnostics Holdings LLC)

Continued Effectiveness of the Financing Agreement and Other Loan Documents. Each Loan Party hereby (ai) acknowledges and consents to this Amendment, (bii) confirms and agrees that the Financing Agreement and each other Loan Document to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, respects except that on and after the Third Amendment Effective Date, Date all references in any such Loan Document to “the Financing Agreement”, the “Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ciii) confirms and agrees that, that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, or to grant to the Administrative Agent, Collateral Agent for the benefit of the Administrative Agent Agents and the Lenders, Lenders a security interest in or Lien on on, any Collateral as security for the Obligations of the Loan Parties from time to time existing in respect of the Financing Agreement (as amended hereby) and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. This Amendment Agreement does not and shall not affect any of the obligations of the Loan Parties, other than as expressly provided herein, including, without limitation, the Loan Parties’ obligations to repay the Loans in accordance with the terms of Financing Agreement Agreement, or the obligations of the Loan Parties under any Loan Document to which they are a party, all of which obligations shall remain in full force and effect. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Administrative Agent the Agents or any Lender under the Financing Agreement or any other Loan Document Document, nor constitute a waiver of any provision of the Financing Agreement or any other Loan Document.

Appears in 1 contract

Samples: Financing Agreement (Aurora Diagnostics Holdings LLC)

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