Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the terms of this Amendment shall control. The Loan Agreement and this Amendment shall be read and construed as one agreement.
Appears in 5 contracts
Samples: Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements Loan Documents are intended or implied, and in all other respects the Financing Agreements Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers no Loan Party shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Financing AgreementsLoan Documents, the terms of this Amendment shall control. The Loan Credit Agreement and this Amendment shall be read and construed as one agreement.
Appears in 4 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Loan Agreement or any of the other Financing Agreements are intended or implied, and in all other respects the Loan Agreement and the other Financing Agreements are hereby specifically ratified, restated and confirmed by all the parties hereto as of the effective date hereof and Borrowers Borrower shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of any conflict between the terms of this Amendment and the other Financing AgreementsLoan Agreement, the terms of this Amendment shall control. The Loan Agreement and this Amendment shall be read and construed as one agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (Anchor Glass Container Corp /New), Loan and Security Agreement (Anchor Glass Container Corp /New), Loan and Security Agreement (Anchor Glass Container Corp /New)
Effect of this Amendment. Except as for the amendment expressly set forth provided herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, implied 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 and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendmenthereof. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the terms of this Amendment shall control. The Loan Agreement and this Amendment Any acknowledgment or consent contained herein shall not be read and construed as one agreementto constitute a consent to any other or further action by Borrower or any Guarantor or to entitle Borrower or any Guarantor to any other consent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Health Fitness Corp /Mn/), Loan and Security Agreement (Health Fitness Corp /Mn/)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes changes, modifications or modifications waivers to the Financing Agreements are intended or implied, 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 and Borrowers Borrower shall not be entitled to any other or further amendment amendment, consent or consent waiver by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Inverness Medical Innovations Inc), Loan and Security Agreement (Ivc Industries Inc)
Effect of this Amendment. Except as expressly set forth hereinmodified pursuant hereto, no other amendments, consentswaivers, changes or modifications to the Financing Agreements are intended or implied, and in all other respects respects, the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers hereof. Any acknowledgment or consent contained herein shall not be entitled construed to constitute a consent to any other or further amendment action by Borrower or consent by virtue of the provisions of to entitle Borrower to any other consent. The Loan Agreement and this Amendment or with respect to the subject matter of this Amendmentshall be read and construed as one agreement. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the 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 (Lodestar Holdings Inc), Loan and Security Agreement (Lodestar Holdings Inc)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Farmer Brothers Co), Loan and Security Agreement (Farmer Brothers Co)
Effect of this Amendment. Except as expressly set forth herein, no other consents, amendments, consents, changes or modifications to the Financing Agreements Loan Documents are intended or impliedimplied hereby, and in all other respects the Financing Agreements Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers and the other Loan Parties shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Financing AgreementsLoan Documents, the terms of this Amendment shall control. The Loan Credit Agreement and this Amendment shall be read and construed as one agreement.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc)
Effect of this Amendment. Except as expressly set forth hereinmodified pursuant hereto, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, and in all other respects respects, the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers hereof. Any acknowledgment or consent contained herein shall not be entitled construed to constitute a consent to any other or further amendment action by Borrower or consent by virtue of the provisions of to entitle Borrowers to any other consent. The Loan Agreement and this Amendment or with respect to the subject matter of this Amendmentshall be read and construed as one agreement. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the 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 (Doe Run Resources Corp), Loan and Security Agreement (Doe Run Resources Corp)
Effect of this Amendment. Except as expressly set forth hereinmodified pursuant hereto, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers hereof. Any acknowledgment or consent contained herein shall not be entitled construed to constitute a consent to any other or further amendment action by any Borrower or consent by virtue of the provisions of this Amendment Guarantor or with respect to the subject matter of this Amendmententitle any Borrower or Guarantor to any other consent. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the terms of this Amendment shall control. The Loan Agreement and this Amendment shall be read and construed as one agreement.
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 7 or with respect to the subject matter of this AmendmentAmendment No. 7. To the extent of conflict between the terms of this Amendment No. 7 and the other Financing Agreements, the terms of this Amendment No. 7 shall control. The Loan Agreement and this Amendment No. 7 shall be read and construed as one agreement.
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth hereinmodified pursuant hereto, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, implied 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 and Borrowers hereof. Any acknowledgment or consent contained herein shall not be entitled considered to constitute an acknowledgment or consent to any other or further amendment action by Borrower or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendmententitle Borrower to any other consent. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the terms of this Amendment shall control. The Loan Agreement and this Amendment shall be read and construed as one agreement.
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.. 8
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements Loan Documents are intended or implied, and in all other respects the Financing Agreements Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof Amendment No. 2 Effective Date and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Financing AgreementsLoan Documents, the terms of this Amendment shall control. The Loan Credit Agreement and this Amendment shall be read and construed as one agreement.
Appears in 1 contract
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)
Effect of this Amendment. Except as expressly set forth hereinmodified pursuant hereto, no other amendments, consents------------------------ waivers, changes or modifications to the Financing Agreements are intended or implied, and in all other respects respects, the Financing Agreements are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers hereof. Any acknowledgment or consent contained herein shall not be entitled construed to constitute a consent to any other or further amendment action by Borrower or consent by virtue of the provisions of to entitle Borrower to any other consent. The Loan Agreement and this Amendment or with respect to the subject matter of this Amendmentshall be read and construed as one agreement. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the terms of this Amendment shall control. The Loan Agreement and this Amendment shall be read and construed as one agreement.
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers Borrower and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the terms of this Amendment shall control. The Loan Agreement and this Amendment shall be read and construed as one agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Hirsch International Corp)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers Borrower shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 14 or with respect to the subject matter of this AmendmentAmendment No. 14. To the extent of conflict between the terms of this Amendment No. 14 and the other Financing Agreements, the terms of this Amendment No. 14 shall control. The Loan Agreement and this Amendment No. 14 shall be read and construed as one agreement.
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Doe Run Resources Corp)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements Loan Documents are intended or implied, and in all other respects the Financing Agreements Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof Amendment No. 1 Effective Date and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Financing AgreementsLoan Documents, the terms of this Amendment shall control. The Loan Credit Agreement and this Amendment shall be read and construed as one agreement.
Appears in 1 contract
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of any conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Builders FirstSource, Inc.)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consentschanges, changes consents or modifications to the Financing Agreements are intended or implied, 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 and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Haynes International Inc)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements Loan Documents are intended or implied, and in all other respects the Financing Agreements Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Financing AgreementsLoan Documents, the terms of this Amendment shall control. The Loan Credit Agreement and this Amendment shall be read and construed as one agreement.
Appears in 1 contract
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 8 or with respect to the subject matter of this AmendmentAmendment No. 8. To the extent of conflict between the terms of this Amendment No. 8 and the other Financing Agreements, the terms of this Amendment No. 8 shall control. The Loan Agreement and this Amendment No. 8 shall be read and construed as one agreement.
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers Borrower shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.
Appears in 1 contract
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 Amendment No. 1 Effective Date and Borrowers and Guarantors shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment No. 1 or with respect to the subject matter of this AmendmentAmendment No.
1. To the extent of conflict between the terms of this Amendment No. 1 and the other Financing Agreements, the terms of this Amendment No. 1 shall control. The Loan Agreement and this Amendment No. 1 shall be read and construed as one agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (RTW Retailwinds, Inc.)
Effect of this Amendment. Except as expressly set forth herein, no other amendments, consents, changes or modifications to the Financing Agreements are intended or implied, 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 and Borrowers shall not be entitled to any other or further amendment or consent by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Financing Agreements, the terms of this Amendment shall control. The Loan Agreement and this Amendment shall be read and construed as one agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Doe Run Resources Corp)