Common use of CONTINUING VALIDITY Clause in Contracts

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 4 contracts

Samples: Loan Modification Agreement (Therma Wave Inc), Second Loan Modification Agreement (Metrisa Inc), Third Loan Modification Agreement (Vitria Technology Inc)

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CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 4 contracts

Samples: Loan Modification Agreement (Witness Systems Inc), Loan Modification Agreement (Relm Wireless Corp), Loan Modification Agreement (Relm Wireless Corp)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 4 contracts

Samples: Ninth Loan Modification Agreement (Witness Systems Inc), Eighth Loan Modification Agreement (Witness Systems Inc), Seventh Loan Modification Agreement (Witness Systems Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessObligations, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 4 contracts

Samples: Fourth Loan Modification Agreement (Ultimate Software Group Inc), Second Loan Modification Agreement (Daleen Technologies Inc), Loan Modification Agreement (Daleen Technologies Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 3 contracts

Samples: Loan Modification Agreement (Callidus Software Inc), Loan Modification Agreement (General Magic Inc), Loan Modification Agreement (General Magic Inc)

CONTINUING VALIDITY. Borrower understands Borrowers understand and agrees agree that in modifying the existing IndebtednessBusiness Financing Agreement, Bank Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness Business Financing Agreement pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the IndebtednessBusiness Financing Agreement. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement except in accordance with the terms of this Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.

Appears in 3 contracts

Samples: Fifth Business Financing Modification Agreement (ChromaDex Corp.), Fourth Business Financing Modification Agreement (ChromaDex Corp.), Third Business Financing Modification Agreement (ChromaDex Corp.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement Amendment in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement Amendment shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementAmendment. The terms of this paragraph apply not only to this Loan Modification AgreementAmendment, but also to all any subsequent loan modification agreementsBusiness Financing Agreement modifications.

Appears in 3 contracts

Samples: Business Financing Agreement (ChromaDex Corp.), Business Financing Agreement (ChromaDex Corp.), Business Financing Agreement (Astea International Inc)

CONTINUING VALIDITY. Borrower Xxxxxxxx understands and agrees that in modifying the existing Indebtedness, Bank Xxxxxx is relying upon Borrower's Xxxxxxxx’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement Amendment in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement Amendment shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Xxxxxx and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Xxxxxx in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementAmendment. The terms of this paragraph apply not only to this Loan Modification AgreementAmendment, but also to all any subsequent loan modification agreementsBusiness Financing Agreement modifications.

Appears in 2 contracts

Samples: Business Financing Agreement (ChromaDex Corp.), Business Financing Agreement (ChromaDex Corp.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all any subsequent loan modification agreementsto the Loan and Security Agreement.

Appears in 2 contracts

Samples: Loan and Security Modification Agreement (Winc, Inc.), Loan and Security Modification Agreement (Winc, Inc.)

CONTINUING VALIDITY. Borrower understands Borrowers understand and agrees agree that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement except in accordance with the terms of this Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.

Appears in 2 contracts

Samples: First Business Financing Modification Agreement (ChromaDex Corp.), Second Business Financing Modification Agreement (ChromaDex Corp.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 2 contracts

Samples: Seventh Loan Modification Agreement (Ultimate Software Group Inc), Fifth Loan Modification Agreement (Ultimate Software Group Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementLMA, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement LMA in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement LMA shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementLMA. The terms of this paragraph apply not only to this Loan Modification AgreementLMA, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen Corp)

CONTINUING VALIDITY. Each Borrower understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. This Agreement is executed as of the date first written above. BORROWERS: MANUGISTICS GROUP, INC. By: Name: Title: MANUGISTICS, INC. By: Name: Title: LENDER: SILICON VALLEY BANK By: Name: Title:

Appears in 1 contract

Samples: Third Loan Modification Agreement (Manugistics Group Inc)

CONTINUING VALIDITY. The Borrower understands and agrees that in modifying the existing Indebtednessentering into this Agreement, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's The Lender’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank Lender and the Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Forbearance Agreement (Solution Technology International Inc)

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CONTINUING VALIDITY. Borrower (and each guarantor and pledgor ------------------- signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan Modification Agreement (Silicon Gaming Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan Modification Agreement (Kana Software Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all any subsequent loan Loan and Security modification agreements.

Appears in 1 contract

Samples: Loan and Security Modification Agreement (Kana Software Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all any subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (UserTesting, Inc.)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all any subsequent loan business financing modification agreements.

Appears in 1 contract

Samples: Business Financing Modification Agreement (Biolase, Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all any subsequent loan modification agreementsBusiness Financing Agreement modifications.

Appears in 1 contract

Samples: Business Financing Agreement (ChromaDex Corp.)

CONTINUING VALIDITY. Each Borrower understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.this

Appears in 1 contract

Samples: Loan Agreement (Manugistics Group Inc)

CONTINUING VALIDITY. Borrower understands and agrees that in modifying the existing IndebtednessLoan Agreement, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan DocumentsAgreement. Except as expressly modified pursuant to this Loan Modification AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Loan Agreement pursuant to this Loan Modification Agreement Amendment in no way shall obligate Bank to make any future modifications to the IndebtednessLoan Agreement or any other Loan Document. Nothing in this Loan Modification Agreement Amendment shall constitute a satisfaction of any Indebtedness owing by Borrower to Bank under the IndebtednessLoan Documents. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementAmendment. The terms of this paragraph apply not only to this Loan Modification AgreementAmendment, but also to all any subsequent loan modification agreementsamendments.

Appears in 1 contract

Samples: Indenture (GSV Capital Corp.)

CONTINUING VALIDITY. Borrower (and each guarantor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.

Appears in 1 contract

Samples: Loan Modification Agreement (Axeda Systems Inc)

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