Common use of Effect of Amendment Clause in Contracts

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 96 contracts

Samples: Receivables Purchase Agreement (Peabody Energy Corp), Receivables Purchase Agreement (Cincinnati Bell Inc), Purchase and Sale Agreement (Warner Bros. Discovery, Inc.)

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Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Seller’s securitization program shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 22 contracts

Samples: Note Purchase Agreement (Navistar International Corp), Note Purchase Agreement (Navistar International Corp), Note Purchase Agreement (Navistar International Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “the Receivables Purchase Agreement,” “this Agreement”, ,” “hereof”, ,” “herein” or words of similar effect effect, in each case referring to the Agreement Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 22 contracts

Samples: Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 21 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Worthington Industries Inc), Receivables Purchase Agreement (KPMG Consulting Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "the Receivables Purchase Agreement," "this Agreement”, “," "hereof”, “," "herein" or words of similar effect effect, in each case referring to the Agreement Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 16 contracts

Samples: Receivables Purchase Agreement (Sequa Corp /De/), Receivables Purchase Agreement (Adesa Inc), Receivables Purchase Agreement (Adesa Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any and each of the other Transaction Document) Documents to “this Agreement”, “hereof”, “herein”, or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement (or any related document or agreement) other than as expressly set forth herein.

Appears in 15 contracts

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Cencora, Inc.), Receivables Purchase Agreement (Amerisourcebergen Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 14 contracts

Samples: Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc)

Effect of Amendment. All provisions of the Agreement, including as expressly amended and modified by this Amendment, shall remain in full force and effecteffect and are hereby ratified. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 12 contracts

Samples: Receivables Purchase Agreement (Worthington Industries Inc), Receivables Purchase Agreement (Worthington Industries Inc), Receivables Purchase Agreement (Worthington Industries Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, ,” “hereof”, ,” “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 10 contracts

Samples: Loan and Servicing Agreement (TRM Corp), Loan and Servicing Agreement (TRM Corp), Loan and Servicing Agreement (TRM Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, Amendment shall remain in full force and effect. After this Amendment becomes effectiveAs of and after the Effective Time, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 8 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 8 contracts

Samples: Class B Certificate Purchase Agreement (Federated Department Stores Inc /De/), Class a Certificate Purchase Agreement (Federated Department Stores Inc /De/), Class a Certificate Purchase Agreement (Federated Department Stores Inc /De/)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in each of the Agreement (or in any other Transaction Document) Agreements to “this Agreement”, “hereof”, “herein”, or words of similar effect referring to the such Agreement shall be deemed to be references to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement (or any related document or agreement) other than as set forth herein.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, Amendment shall remain in full force and effect. After this Amendment becomes effectiveAs of and after the date hereof, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in effect and each reference to the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or and words of similar effect referring to import in the Agreement Agreement, as amended hereby, shall be deemed to be references a reference to the Agreement as amended by this Amendmenthereby and as the same may be further amended, supplemented and otherwise modified and in effect from time to time. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)

Effect of Amendment. All the provisions of this Amendment shall be deemed to be incorporated in, and made a part of, the Agreement; and the Agreement, as expressly supplemented and amended and modified by this Amendment, shall remain be read, taken and construed as one and the same instrument, and except as expressly amended hereby, the terms and conditions of the Agreement shall continue in full force and effect. After this Amendment becomes effective, all All references in the Agreement (or in any other Transaction Document) to “this Agreement”, ” in the Agreement or to the words “hereof”, ,” “hereunder” or “herein” or words of similar effect referring to in the Agreement shall be deemed to be references to mean the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth hereinhereby.

Appears in 7 contracts

Samples: Limited Partnership Agreement (Skyterra Communications Inc), Stockholders’ Agreement (Skyterra Communications Inc), Stockholders’ Agreement (Skyterra Communications Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effecteffect and are hereby ratified and confirmed in all respects. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 6 contracts

Samples: Receivables Purchase Agreement (Commonwealth Industries Inc/De/), Receivables Purchase Agreement (Commonwealth Industries Inc/De/), Receivables Purchase Agreement (Commonwealth Industries Inc/De/)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “the Purchase and Sale Agreement,” “this Agreement”, ,” “hereof”, ,” “herein” or words of similar effect effect, in each case referring to the Agreement Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (KAR Auction Services, Inc.), Purchase and Sale Agreement (KAR Auction Services, Inc.), Purchase and Sale Agreement (Adesa California, LLC)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein”, or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement (or any related document or agreement) other than as set forth herein.

Appears in 5 contracts

Samples: Receivables Sale Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Sale Agreement (Amerisourcebergen Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, Amendment shall remain in full force and effect. After this Amendment becomes effectiveAs of and after the Effective Time, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein. 5.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement”, “," "hereof”, “," "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Amphenol Corp /De/), Receivables Purchase Agreement (Amphenol Corp /De/), Receivables Purchase Agreement (Amphenol Corp /De/)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 4 contracts

Samples: Receivables Financing Agreement (Cincinnati Bell Inc), Receivables Financing Agreement (Cincinnati Bell Inc), Receivables Financing Agreement (Cincinnati Bell Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and ------------------- modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "the Receivables Purchase Agreement," "this Agreement”, “," "hereof”, “," "herein" or words of similar effect effect, in each case referring to the Agreement Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Sequa Corp /De/), Receivables Purchase Agreement (Sequa Corp /De/), Receivables Purchase Agreement (Sequa Corp /De/)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "the Purchase and Sale Agreement," "this Agreement”, “," "hereof”, “," "herein" or words of similar effect effect, in each case referring to the Agreement Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Adesa Inc), Purchase and Sale Agreement (Adesa Inc), Purchase and Sale Agreement (Adesa Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “the Receivables Purchase Agreement,” “this Agreement”, ,” “hereof”, ,” “herein” or words of similar effect effect, in each case referring to the Agreement Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (OPENLANE, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.), Receivables Purchase Agreement (KAR Auction Services, Inc.)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified extended by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof', "herein" or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Seller's securitization program shall be deemed to be references to the Agreement as amended extended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 3 contracts

Samples: Certificate Purchase Agreement (Navistar Financial Corp), Certificate Purchase Agreement (Navistar Financial Corp), Note Purchase Agreement (Navistar Financial Corp)

Effect of Amendment. All provisions of the Agreement, as expressly ------------------- amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (KPMG Consulting Inc), Receivables Purchase Agreement (KPMG Consulting Inc), Receivables Purchase Agreement (KPMG Consulting Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, ,” “hereof”, ,” “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Amphenol Corp /De/), Receivables Purchase Agreement (Amphenol Corp /De/), Receivables Purchase Agreement (Amphenol Corp /De/)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement”, “," "hereof”, “," "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (TRM Corp), Loan and Servicing Agreement (TRM Corp), Loan and Servicing Agreement (TRM Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.. SECTION

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Warner Bros. Discovery, Inc.), Receivables Purchase Agreement

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any and each of the other Transaction Document) Documents to "this Agreement", "hereof", "herein", or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement (or any related document or agreement) other than as expressly set forth herein.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Celanese Corp), Receivables Purchase Agreement (Celanese Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and ------------------- modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Servicing Agreement (Mail Well Inc), Purchase and Sale Agreement (Mail Well Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, Amendment shall remain in full force and effect. After this Amendment becomes effectiveOn and after the Effective Date (as defined below), all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

Effect of Amendment. All provisions of the AgreementUndertaking, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) Undertaking to “this AgreementUndertaking”, “hereof”, “herein”, or words of similar effect referring to the Agreement Undertaking shall be deemed to be references to the Agreement Undertaking, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement Undertaking (or any related document or agreement) other than as set forth herein.

Appears in 2 contracts

Samples: Performance Undertaking (Amerisourcebergen Corp), Performance Undertaking (Amerisourcebergen Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Agreement Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended amended, including by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Applied Power Inc), Purchase and Sale Agreement (Apw LTD)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Documentdocument governing the Seller's securitization program) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Certificate Purchase Agreement (Navistar Financial Corp), Certificate Purchase Agreement (Navistar Financial Corp)

Effect of Amendment. All provisions of the AgreementTransaction Agreements, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the any Transaction Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the such Transaction Agreement shall be deemed to be references to the such Transaction Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement Transaction Agreements other than as set forth herein.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Nalco Finance Holdings LLC), Receivables Purchase Agreement (Nalco Energy Services Middle East Holdings, Inc.)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, Amendment shall remain in full force and effect. After this Amendment becomes effectiveOn and after the Effective Date, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

Effect of Amendment. All provisions of the Agreement, including as expressly amended and modified by this Amendment, shall remain in full force and effecteffect and are hereby ratified. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (Worthington Industries Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified extended by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof”, "herein" or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Seller's securitization program shall be deemed to be references to the Agreement as amended extended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Pooling Agreement (Navistar Financial Corp), Note Purchase Agreement (Navistar Financial Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effectivethe date hereof, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the such Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Resource America Inc), Receivables Loan and Security Agreement (Resource America Inc)

Effect of Amendment. All Except as expressly provided in this Amendment, all of the terms and provisions of the Agreement, as expressly amended Agreement are and modified by this Amendment, shall remain in full force and effecteffect and are hereby ratified and confirmed by all parties to the Agreement. After this Amendment becomes effective, all references Each reference in the Agreement (or in any other Transaction Document) to “this Agreement”, ,” “the Agreement,” “hereunder,” “hereof”, ,” “herein” or words of similar effect referring to the Agreement like import shall be deemed to be references to mean the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly and as hereinafter amended or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth hereinrestated.

Appears in 2 contracts

Samples: Stock Acquisition Agreement (Optimus Healthcare Services, Inc.), Stock Acquisition Agreement (Optimus Healthcare Services, Inc.)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “the Purchase and Sale Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by Agreement, after giving effect to this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement Agreement, other than as set forth herein.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Cincinnati Bell Inc), Second Amendment to Second Amended and Restated Purchase and Sale Agreement (Cincinnati Bell Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “the Loan and Security Agreement,” “this Agreement”, ,” “hereof”, ,” “herein” or words of similar effect effect, in each case referring to the Agreement Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 2 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Effect of Amendment. All provisions of the Agreement, including as expressly amended and modified by this Amendment, shall remain in full force and effecteffect and are hereby ratified. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Worthington Industries Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement, “hereof, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Loan and Servicing Agreement (TRM Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effectivethe date hereof, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof', “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Loan and Security Agreement (Resource America Inc)

Effect of Amendment. All provisions of each of the AgreementAgreements, as expressly amended and modified by this Amendment, shall remain in full force and effecteffect and are hereby ratified. After this Amendment becomes effective, all references in each of the Agreement Agreements (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the such Agreement shall be deemed to be references to the such Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the any Agreement other than as set forth herein.

Appears in 1 contract

Samples: Omnibus Amendment and Consent (American Greetings Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of each of the Agreements shall remain in full force and effect. After this Amendment becomes effective, all references in each of the Agreement (or in any Agreements and each of the other Transaction Document) Documents to “this Agreement”, “hereof”, “herein”, or words of similar effect referring to the applicable Agreement shall be deemed to be references to the Agreement such Agreement, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of either of the Agreement Agreements (or any related document or agreement) other than as expressly set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified extended by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Seller’s securitization program shall be deemed to be references to the Agreement as amended extended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Note Purchase Agreement (Navistar Financial Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Agreement, the Note, the Reverse Merger Transaction and Reverse Merger Financing shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Note Purchase Agreement (Yappn Corp.)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Warren S D Co /Pa/)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement" , "hereof', “herein” "herein " or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Foster Wheeler LTD)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, Amendment shall remain in full force and effect. After this Amendment becomes effectiveAs of and after the Effective Date, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wesco International Inc)

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Effect of Amendment. All provisions of the Agreement, as expressly amended and modified extended by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", “hereof”, “” "herein" or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Seller's securitization program shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Pooling Agreement (Navistar Financial Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof"', "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Amphenol Corp /De/)

Effect of Amendment. All provisions of the AgreementTransaction Agreements, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the any Transaction Agreement (or in any other Transaction Document) to ‘‘this Agreement’’, ‘‘hereof’’, ‘‘herein’’ or words of similar effect referring to the such Transaction Agreement shall be deemed to be references to the such Transaction Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement Transaction Agreements other than as set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Nalco Holding CO)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and and/or modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effectivethe date hereof, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as specifically set forth herein.

Appears in 1 contract

Samples: Receivables Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, Amendment shall remain in full force and effect. After this Amendment becomes effectiveAs of and after the Effective Time, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein. 6.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wesco International Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effectivethe date hereof, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth hereinsuch Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (American Commercial Lines LLC)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, the Agreement shall remain in full force and effecteffect as the same was in effect immediately prior to the effectiveness of this Amendment. After this Amendment becomes effective, all All references in the Agreement (or in any other Transaction Document) to “this Agreement”, ,” “hereof”, “herein” or words of any similar effect referring to the Agreement term shall be deemed to be references refer to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Altra Holdings, Inc.)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified extended by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Seller's securitization program shall be deemed to be references to the Agreement as amended extended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Certificate Purchase Agreement (Navistar Financial Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein. SECTION 5.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cooper Tire & Rubber Co)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any and each of the other Transaction Document) Documents to “this Agreement”, “hereof”, “herein”, or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement (or any related document or agreement) other than as expressly set forth herein.. 730091877 03128405 2

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this the Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Credit Card Receivables Purchase Agreement (SPS Transaction Services Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreements shall remain in full force and effect. After this Amendment becomes effective, all references in each of the Agreement (or in any other Transaction Document) Agreements to “this Agreement”, “hereof”, “herein”, or words of similar effect referring to the such Agreement shall be deemed to be references to the applicable Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement Agreements other than as set forth herein.

Appears in 1 contract

Samples: Base Indenture Amendment (CHS Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreements shall remain in full force and effect. After this Amendment becomes effective, all references in each of the Agreement (or in any other Transaction Document) Agreements to “this Agreement”, “hereof, “herein”, or words of similar effect referring to the such Agreement shall be deemed to be references to the applicable Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement Agreements other than as set forth herein.

Appears in 1 contract

Samples: Omnibus Amendment and Agreement (CHS Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effecteffect and are hereby ratified and confirmed in all respects. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pilgrims Pride Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified extended by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof”, "herein" or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Seller's securitization program shall be deemed to be references to the Agreement as amended extended by this AmendmentAmendment . This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Certificate Purchase Agreement (Navistar Financial Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of each of the Agreements shall remain in full force and effect. After this Amendment becomes effective, all references in each of the Agreement (or in any Agreements and each of the other Transaction Document) Documents to “this Agreement”, “hereof”, “herein”, or words of similar effect referring to the applicable Agreement shall be deemed to be references to the Agreement such Agreement, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of any of the Agreement Agreements (or any related document or agreement) other than as expressly set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cencora, Inc.)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effecteffect and are hereby ratified and confirmed in all respects. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein. 4.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Commonwealth Industries Inc/De/)

Effect of Amendment. All Except as expressly provided in this Amendment, all of the terms and provisions of the Agreement, as expressly amended Agreement are and modified by this Amendment, shall remain continue in full force and effect. After this Amendment becomes effectiveOn and after the date hereof, all references each reference in the Agreement (or in any other Transaction Document) to “this Agreement”, ,” “the Agreement,” “hereunder,” “hereof”, ,” “herein” or words of similar effect referring like import, and each reference to the Stock and Membership Interest Purchase Agreement shall in any other agreements, documents, or instruments executed and delivered pursuant to, or in connection with, the Agreement, will mean and be deemed to be references a reference to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Stock and Membership Interest Purchase Agreement (1847 Holdings LLC)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this AmendmentAmendment No. 2, all provisions of the Agreements shall remain in full force and effect. After this Amendment No. 2 becomes effective, all Al references in each of the Agreement (or in any other Transaction Document) Agreements to this Agreement”, “hereof”, . “herein”, or words of similar Similar effect referring to the such Agreement shall be deemed to be references to the applicable Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth hereinNo.

Appears in 1 contract

Samples: Omnibus Amendment and Agreement (CHS Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effectivethe date hereof, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Loan and Security Agreement (Resource America Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Second Amendment, all provisions of the Agreement shall remain in full force and effect. After this Second Amendment becomes effective, all references in the Agreement (or in any other Transaction Credit Document) to "this Agreement", "hereof", "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Second Amendment. This Second Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Revolving Credit Agreement (Advanced Fibre Communications Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Note Purchase Agreement (CHS Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein. SECTION 5.

Appears in 1 contract

Samples: Receivables Financing Agreement (Cincinnati Bell Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, ,” “hereof, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Loan and Servicing Agreement (TRM Corp)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof, "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Werner Holding Co Inc /Pa/)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof”, "herein" or words of similar effect referring to the Agreement in the Agreement or in any other document relating to the Seller's securitization program shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Certificate Purchase Agreement (Navistar Financial Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, ,” “hereof”, ,” “herein” or words of similar effect effect, in each case referring to the Agreement Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Retention and Severance Agreement (Adesa Inc)

Effect of Amendment. All provisions of the Agreement, as expressly amended and modified by this Amendment, the Intercreditor Agreement and the other Transaction Documents shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereof”, “herein” or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wesco International Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, . all provisions of the Agreements shall remain in full force and effect. After this Amendment becomes effective, all references in each of the Agreement (or in any other Transaction Document) Agreements to “this Agreement”, . “hereof”, . “herein”, or words of similar effect referring to the such Agreement shall be deemed to be references to the applicable Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, . amend or supplement any provision of the Agreement Agreements other than as set forth herein.

Appears in 1 contract

Samples: Omnibus Amendment and Agreement (CHS Inc)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Specified Agreements shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any Specified Agreements and each of the other Transaction Document) Documents to "this Agreement", "hereof", "herein", or words of similar effect referring to either of the Agreement Specified Agreements shall be deemed to be references to the Agreement corresponding Specified Agreement, as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to impliedly waive, amend or supplement any provision of either of the Agreement Specified Agreements (or any related document or agreement) other than as expressly set forth herein.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Celanese Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this the Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to "this Agreement, " "hereof, " "herein" or words of similar effect referring to the Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either deemed to expressly or impliedly, to implied waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Credit Card Receivables Purchase Agreement (SPS Transaction Services Inc)

Effect of Amendment. All provisions On and after the effectiveness of the Agreement, as expressly amended and modified by this Amendment, shall remain in full force and effect. After this Amendment becomes effective, all references each reference in the Agreement (or in any other Transaction Document) to “this Agreement”, “hereofhereunder”, “hereinhereof” or words of similar effect like import referring to the Agreement Agreement, shall mean and be deemed to be references a reference to the Agreement Agreement, as amended by this Amendment. This Amendment shall not be deemedExcept as amended hereby, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement continues and shall remain in full force and effect in all respects. 2 This provision is applicable to Employees other than as set forth hereinXx. Xxxxxx.

Appears in 1 contract

Samples: Key Executive Employment and Severance Agreement (Alliant Energy Corp)

Effect of Amendment. All provisions of the Agreement, Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effectivethe date hereof, all references in the Agreement (or in any other Transaction Document) to "this Agreement", "hereof", “herein” or words of similar effect referring to the such Agreement shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Ikon Office Solutions Inc)

Effect of Amendment. All provisions This Amendment (including the Recitals hereto) constitutes the complete and exclusive statement of the Agreement, as expressly amended and modified by agreement among the Members with regard to the subject matter of this Amendment. Except as modified hereby, the Agreement shall remain in full force and effect. After this On and after the Amendment becomes effectiveEffective Date, all references each reference in the Agreement (or in any other Transaction Document) to “this Agreement”, ,” “hereunder,” “hereof”, ,” “herein,” or words of similar effect referring like import, and each reference to the Agreement shall be deemed to be references in any other agreements, documents or instruments executed and delivered pursuant to the Agreement Agreement, shall mean and be a reference to the Agreement, as amended by this Amendment. This Amendment shall not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Agreement other than as set forth herein.

Appears in 1 contract

Samples: Operating Agreement (MGM Mirage)

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