Common use of Effect of this Amendment Clause in Contracts

Effect of this Amendment. This Amendment constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided herein, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendment, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts with any provision of this Amendment, the provision of this Amendment shall control.

Appears in 29 contracts

Samples: Loan and Security Agreement (Hanover Direct Inc), Loan and Security Agreement (Hanover Direct Inc), Loan and Security Agreement (Hanover Direct Inc)

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Effect of this Amendment. This Amendment constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided herein, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendment, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereofof this Amendment. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts with any provision of this Amendment, the provision of this Amendment shall control.

Appears in 6 contracts

Samples: Loan and Security Agreement (Hanover Direct Inc), Loan and Security Agreement (Hanover Direct Inc), Loan and Security Agreement (Hanover Direct Inc)

Effect of this Amendment. This Amendment constitutes and the instruments and agreements delivered pursuant hereto constitute the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided herein, no other changes changes, modifications or modifications consents to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts is inconsistent with any provision the provisions of this Amendment, the provision provisions of this Amendment shall control.

Appears in 5 contracts

Samples: Loan and Security Agreement (C&d Technologies Inc), Loan and Security Agreement (C&d Technologies Inc), Loan and Security Agreement (C&d Technologies Inc)

Effect of this Amendment. This Amendment constitutes shall be effective upon execution by Lender, Maple and Borrower and contains the entire agreement of the parties with respect to the subject matter hereof, hereof and supersedes all prior oral or written communicationscorrespondence, memoranda, proposalscommunications, negotiations, discussions, term sheets discussions and commitments negotiations with respect to the subject matter hereofthereto. Except as expressly provided herein, No existing defaults or Events of Default and no other rights or remedies of Lender have been or are being waived hereby and no changes or modifications to the Loan Agreement Financing Agreements have been or any of the other Financing Agreements, are being made or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendmenthereby, except as expressly set forth herein, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To In the extent event that any term or provision of this Amendment conflicts with any term or provision of the Loan Agreement or any of the other Financing Agreements conflicts with any provision of this AmendmentAgreements, the term or provision of this Amendment shall control.

Appears in 3 contracts

Samples: Financing Agreements (Vector Group LTD), Financing Agreement (Vector Group LTD), Financing Agreements (Vector Group LTD)

Effect of this Amendment. This Amendment constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided herein, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendment, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereofof this Amendment. The applicable provisions of this Amendment and the Loan Agreement shall be read and interpreted as one agreement. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts with any provision of this Amendment, the provision of this Amendment shall control.

Appears in 3 contracts

Samples: Loan and Security Agreement (New York & Company, Inc.), Loan and Security Agreement (Travelcenters of America LLC), Loan and Security Agreement (New York & Company, Inc.)

Effect of this Amendment. This Amendment constitutes and the instruments and agreements delivered pursuant hereto constitute the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as for the specific amendments expressly provided set forth herein, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or and no waivers of or consents under any provisions of any of the foregoing, thereof are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of conflict between the Loan Agreement or any terms of this Amendment and the other Financing Agreements conflicts with any provision of this AmendmentAgreements, the provision terms of this Amendment shall control. The Loan Agreement and this Amendment shall be read and construed as one agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Poindexter J B & Co Inc), Loan and Security Agreement (Poindexter J B & Co Inc)

Effect of this Amendment. This Amendment constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided herein, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts with any provision of this Amendment, the provision of this Amendment shall control.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hanover Direct Inc), Loan and Security Agreement (Hanover Direct Inc)

Effect of this Amendment. This Amendment constitutes No. 1 and the instruments and agreements delivered pursuant hereto represents the entire agreement of and understanding concerning the subject matter hereof and thereof between the parties with respect to hereto, and supersede all other prior agreements, understandings, negotiations and discussions, representations, warranties, commitments, proposals, offers and contracts concerning the subject matter hereof, and supersedes all prior whether oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided herein, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision of this Amendment, the provision provisions of this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Merix Corp)

Effect of this Amendment. This Amendment constitutes No. 2 and the other Amendment Documents delivered constitute the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided hereinamended pursuant hereto, no other changes or modifications or waivers to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision the provisions of this Amendment, the provision provisions of this Amendment shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Trailer Bridge Inc)

Effect of this Amendment. This Amendment constitutes No. 8 and the instruments and agreements delivered pursuant hereto (if any) constitute the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided hereinamended pursuant hereto, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision of this Amendment, the provision provisions of this Amendment No. 8, the provisions of this Amendment No. 8 shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Perry Ellis International Inc)

Effect of this Amendment. This Amendment constitutes No. 1 and the other Amendment Documents constitute the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided amended pursuant hereto and except for the amendments expressly contained herein, no other changes or modifications or waivers to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision of this Amendment, the provision provisions of this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Vs Holdings, Inc.)

Effect of this Amendment. This Amendment No. 1 constitutes the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided amended pursuant hereto and except for the amendments expressly contained herein, no other changes or modifications or waivers to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision of this Amendment, the provision provisions of this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlas Air Worldwide Holdings Inc)

Effect of this Amendment. This Amendment constitutes No. 2 and the instruments and agreements delivered pursuant hereto represents the entire agreement of and understanding concerning the subject matter hereof and thereof between the parties with respect to hereto, and supersede all other prior agreements, understandings, negotiations and discussions, representations, warranties, commitments, proposals, offers and contracts concerning the subject matter hereof, and supersedes all prior whether oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided herein, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision of this Amendment, the provision provisions of this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Merix Corp)

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Effect of this Amendment. This Amendment constitutes No. 9 and the instruments and agreements delivered pursuant hereto (if any) constitute the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided hereinamended pursuant hereto, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision of this Amendment, the provision provisions of this Amendment No. 9, the provisions of this Amendment No. 9 shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Perry Ellis International Inc)

Effect of this Amendment. This Amendment constitutes and the instruments and agreements delivered pursuant hereto constitute the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided herein, no other changes or modifications or waivers or consents to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts is inconsistent with any provision the provisions of this Amendment, the provision provisions of this Amendment shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (C&d Technologies Inc)

Effect of this Amendment. This Amendment constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided herein, no other waivers changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendment, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts with any provision of this Amendment, the provision of this Amendment shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Hanover Direct Inc)

Effect of this Amendment. This Amendment constitutes No. 10 and the instruments and agreements delivered pursuant hereto (if any) constitute the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes supersede all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided hereinamended pursuant hereto, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision of this Amendment, the provision provisions of this Amendment No. 10, the provisions of this Amendment No. 10 shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Perry Ellis International Inc)

Effect of this Amendment. This Amendment constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided herein, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendment, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts with any provision of this Amendment, the provision of this Amendment shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Hanover Direct Inc)

Effect of this Amendment. This Amendment constitutes the entire agreement of the parties with respect to the subject matter hereofhereof and thereof, and supersedes all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereofhereof and thereof. Except as expressly provided amended pursuant hereto and except for the agreements expressly contained herein, no other changes or modifications or waivers to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, Agreements are intended or implied by this Amendmentimplied, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts are inconsistent with any provision the provisions of this Amendment, the provision provisions of this Amendment shall control.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlas Air Worldwide Holdings Inc)

Effect of this Amendment. (a) Entire Agreement; Ratification and Confirmation of the Financing Agreements. This Amendment constitutes contains the entire agreement of the parties with respect to the subject matter hereof, hereof and supersedes all prior oral or written communications, memorandacontemporaneous term sheets, proposals, discussions, negotiations, discussionscorrespondence, term sheets commitments and commitments with respect to communications between or among the parties concerning the subject matter hereof. This Amendment may not be modified or any provision waived, except in writing signed by the party against whom such modification or waiver is sought to be enforced. Except as expressly provided hereinspecifically modified pursuant hereto, no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendment, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all the parties hereto as of the effective date hereof. To the extent that any provision of conflict between the Loan Agreement or any of the other Financing Agreements conflicts with any provision terms of this AmendmentAmendment and the Financing Agreements, the provision terms of this Amendment shall control.

Appears in 1 contract

Samples: Financing Agreement (Emerson Radio Corp)

Effect of this Amendment. This Amendment constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior oral or written communications, memoranda, proposals, negotiations, discussions, term sheets and commitments with respect to the subject matter hereof. Except as expressly provided hereinherein (including in the Exhibits hereto), no other changes or modifications to the Loan Agreement or any of the other Financing Agreements, or waivers of or consents under any provisions of any of the foregoing, are intended or implied by this Amendment, and in all other respects the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereofAmendment No. To the extent that any provision of the Loan Agreement or any of the other Financing Agreements conflicts with any provision of this Amendment, the provision of this Amendment shall control.3

Appears in 1 contract

Samples: Loan and Security Agreement (Travelcenters of America LLC)

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