Common use of Continued Effectiveness of the Financing Agreement Clause in Contracts

Continued Effectiveness of the Financing Agreement. Except as otherwise expressly provided herein, the Financing Agreement, each Warrant and the other Financing Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date (i) all references in the Financing Agreement to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ii) all references in the other Loan Documents to the "Financing Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment. To the extent that any Financing Document purports to assign or pledge to the Agent, or to grant to the Agent, for the benefit of the Lenders, a security interest in or lien on, any collateral as security for its obligations from time to time existing in respect of the Financing Documents, such pledge, assignment and/or grant of a security interest or lien is hereby ratified and confirmed in all respects as security for all of its obligations, whether now existing or hereafter arising. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment or waiver of any right, power or remedy of the Agent or any Lender under the Financing Agreement or any other Financing Document, nor constitute an amendment or waiver of any provision of the Financing Agreement or any other Financing Document.

Continued Effectiveness of the Financing Agreement. Except as otherwise expressly provided herein, the Financing Agreement, each Warrant Agreement and the other Financing Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date (i) all references in the Financing Agreement to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ii) all references in the other Loan Documents to the "Financing Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment. To the extent that any Financing Loan Document purports to assign or pledge to the Agent, or to grant to the Agent, for the benefit of the Lenders, a security interest in or lien on, any collateral as security for its obligations from time to time existing in respect of the Financing Loan Documents, such pledge, assignment and/or grant of a security interest or lien is hereby ratified and confirmed in all respects as security for all of its obligations, whether now existing or hereafter arising. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment or waiver of any right, power or remedy of the Agent or any Lender under the Financing Agreement or any other Financing Loan Document, nor constitute an amendment or waiver of any provision of the Financing Agreement or any other Financing Loan Document.

Continued Effectiveness of the Financing Agreement. Except as otherwise expressly provided herein, the Financing Agreement, each Warrant Agreement and the other Financing Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that on and after the Amendment Effective Date (i) all references in the Financing Agreement to "“this Agreement"”, "“hereto"”, "“hereof"”, "“hereunder" ” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ii) all references in the other Loan Documents to the "“Financing Agreement"”, "“thereto"”, "“thereof"”, "“thereunder" ” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment. To the extent that the Financing Agreement or any Financing other Loan Document purports to assign or pledge to the Collateral Agent, or to grant to the Collateral Agent, for the benefit of the Lenders, a security interest in or lien on, any collateral as security for its obligations from time to time existing in respect of the Financing Documentslien, such pledge, assignment and/or pledge or grant of a security interest or lien is hereby ratified and confirmed in all respects as security for all of its obligations, whether now existing or hereafter arisingrespects. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment or waiver of any right, power or remedy of the Agent or any Lender and the Lenders under the Financing Agreement or any other Financing Loan Document, nor constitute a waiver or an amendment or waiver of any provision of the Financing Agreement or any other Financing Loan Document. *** Certain confidential information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Continued Effectiveness of the Financing Agreement. Except as otherwise expressly provided herein, the Financing Agreement, each Warrant Agreement and the other Financing Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that on and after the First Amendment Effective Date (i) all references in the Financing Agreement to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ii) all references in the other Loan Documents to the "Financing Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment. To the extent that the Financing Agreement or any Financing other Loan Document purports to assign or pledge to the Collateral Agent, or to grant to the Collateral Agent, for the benefit of the Lenders, a security interest in or lien on, any collateral as security for its obligations from time to time existing in respect of the Financing Documentslien, such pledge, assignment and/or pledge or grant of a security interest or lien is hereby ratified and confirmed in all respects as security for all of its obligations, whether now existing or hereafter arisingrespects. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment or waiver of any right, power or remedy of the Agent or any Lender Agents, the Co-Lead Arrangers and the Lenders under the Financing Agreement or any other Financing Loan Document, nor constitute a waiver or an amendment or waiver of any provision of the Financing Agreement or any other Financing Loan Document.

Continued Effectiveness of the Financing Agreement. Except as otherwise expressly provided herein, the Financing Agreement, each Warrant Agreement and the other Financing Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that on and after the Second Amendment Effective Date (i) all references in the Financing Agreement to "“this Agreement"”, "“hereto"”, "“hereof"”, "“hereunder" ” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ii) all references in the other Loan Documents to the "“Financing Agreement"”, "“thereto"”, "“thereof"”, "“thereunder" ” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment. To the extent that the Financing Agreement or any Financing other Loan Document purports to assign or pledge to the Agent, or to grant to the Agent, for the benefit of the Lenders, a security interest in or lien on, any collateral as security for its obligations from time to time existing in respect of the Financing Documentslien, such pledge, assignment and/or pledge or grant of a security interest or lien is hereby ratified and confirmed in all respects as security for all of its obligations, whether now existing or hereafter arisingrespects. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment or waiver of any right, power or remedy of the Agent, the Lead Arranger, the Service Agent or any Lender and the Lenders under the Financing Agreement or any other Financing Loan Document, nor constitute a waiver or an amendment or waiver of any provision of the Financing Agreement or any other Financing Loan Document.

Continued Effectiveness of the Financing Agreement. Except as otherwise expressly provided herein, the Financing Agreement, each Warrant Agreement and the other Financing Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that on and after the First Amendment Effective Date (i) all references in the Financing Agreement to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ii) all references in the other Loan Documents to the "Financing Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment. To the extent that the Financing Agreement or any Financing other Loan Document purports to assign or pledge to the Agent, or to grant to the Agent, for the benefit of the Lenders, a security interest in or lien on, any collateral as security for its obligations from time to time existing in respect of the Financing Documentslien, such pledge, assignment and/or pledge or grant of a security interest or lien is hereby ratified and confirmed in all respects as security for all of its obligations, whether now existing or hereafter arisingrespects. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment or waiver of any right, power or remedy of the Agent or any Lender Agents, the Lead Arranger and the Lenders under the Financing Agreement or any other Financing Loan Document, nor constitute a waiver or an amendment or waiver of any provision of the Financing Agreement or any other Financing Loan Document.

Continued Effectiveness of the Financing Agreement. Except as otherwise expressly provided herein, the Financing Agreement, each Warrant Agreement and the other Financing Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that on and after the Second Amendment Effective Date (i) all references in the Financing Agreement to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ii) all references in the other Loan Documents to the "Financing Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment. To the extent that the Financing Agreement or any Financing other Loan Document purports to assign or pledge to the Agent, or to grant to the Agent, for the benefit of the Lenders, a security interest in or lien on, any collateral as security for its obligations from time to time existing in respect of the Financing Documentslien, such pledge, assignment and/or pledge or grant of a security interest or lien is hereby ratified and confirmed in all respects as security for all of its obligations, whether now existing or hereafter arisingrespects. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment or waiver of any right, power or remedy of the Agent or any Lender Agents, the Lead Arranger and the Lenders under the Financing Agreement or any other Financing Loan Document, nor constitute a waiver or an amendment or waiver of any provision of the Financing Agreement or any other Financing Loan Document.

Continued Effectiveness of the Financing Agreement. Except as otherwise expressly provided herein, the Financing Agreement, each Warrant Agreement and the other Financing Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that on and after the First Amendment Effective Date (i) all references in the Financing Agreement to "“this Agreement"”, "“hereto"”, "“hereof"”, "“hereunder" ” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment, and (ii) all references in the other Loan Documents to the "“Financing Agreement"”, "“thereto"”, "“thereof"”, "“thereunder" ” or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Amendment. To the extent that the Financing Agreement or any Financing other Loan Document purports to assign or pledge to the Agent, or to grant to the Agent, for the benefit of the Lenders, a security interest in or lien on, any collateral as security for its obligations from time to time existing in respect of the Financing Documentslien, such pledge, assignment and/or pledge or grant of a security interest or lien is hereby ratified and confirmed in all respects as security for all of its obligations, whether now existing or hereafter arisingrespects. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as an amendment or waiver of any right, power or remedy of the Agent, the Lead Arranger, the Service Agent or any Lender and the Lenders under the Financing Agreement or any other Financing Loan Document, nor constitute a waiver or an amendment or waiver of any provision of the Financing Agreement or any other Financing Loan Document.