Effect on Loan Documents. (a) The Credit Agreement and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent or modification of any right, power, or remedy of Lender under the Credit Agreement or any other Loan Document. The waivers, consents and modifications herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future non-compliance with the Loan Documents, (ii) operate as a consent to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms of the Credit Agreement and the other Loan Documents.
Appears in 11 contracts
Samples: Credit Agreement (Sphere 3D Corp), Credit Agreement (Sphere 3D Corp), Credit Agreement (Sphere 3D Corp)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, operate as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan DocumentDocument except as expressly set forth herein. Nothing contained in this Amendment shall constitute a novation of the Obligations. The waivers, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future any non-compliance with the Loan Documents, (ii) and shall not operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 6 contracts
Samples: Credit Agreement (Accuray Inc), Credit Agreement (Accuray Inc), Credit Agreement (Organogenesis Holdings Inc.)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiverwaiver of, consent to, or a modification of or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents consents, waivers and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)specified hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) neither excuse future non-compliance with the Loan DocumentsDocuments nor operate as a waiver of any Default or Event of Default, (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any future waiver of any Default covenants or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by Borrowers remains in the sole and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms absolute discretion of the Credit Agreement Agent and the other Loan DocumentsLenders.
Appears in 6 contracts
Samples: Credit Agreement (Stock Building Supply Holdings, Inc.), Credit Agreement (Stock Building Supply Holdings, Inc.), Credit Agreement and Consent (Stock Building Supply Holdings, Inc.)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended and modified hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversconsents, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and except as expressly set forth herein, shall not (i) neither excuse future any non-compliance with the Loan Documents, (ii) nor operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 5 contracts
Samples: Credit Agreement (Hortonworks, Inc.), Credit Agreement (Hortonworks, Inc.), Credit Agreement (Hortonworks, Inc.)
Effect on Loan Documents. (a) The Credit Agreement and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent or modification of any right, power, or remedy of Lender under the Credit Agreement or any other Loan Document. The waivers, consents and modifications herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future non-compliance with the Loan Documents, (ii) operate as a consent to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of DefaultDefault (other than the Specified Defaults). Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms of the Credit Agreement and the other Loan Documents.
Appears in 4 contracts
Samples: Credit Agreement (Sphere 3D Corp), Credit Agreement (Sphere 3D Corp), Credit Agreement (Sphere 3D Corp)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiverwaiver of, consent to, or a modification of or amendment of, any right, power, or remedy of Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents consents, waivers and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)specified hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) neither excuse future non-compliance with the Loan DocumentsDocuments nor operate as a waiver of any Default or Event of Default, (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any future waiver of any Default covenants or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by Borrower remains in the sole and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms absolute discretion of the Credit Agreement and the other Loan DocumentsLenders.
Appears in 4 contracts
Samples: Credit Agreement (Saba Software Inc), Credit Agreement (Saba Software Inc), Credit Agreement (Saba Software Inc)
Effect on Loan Documents. (a) The Credit Agreement as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversconsents, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and except as expressly set forth herein, shall not (i) neither excuse future any non-compliance with the Loan Documents, (ii) nor operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 4 contracts
Samples: Credit Agreement (Appian Corp), Credit Agreement (Appian Corp), Credit Agreement (Appian Corp)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, operate as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan DocumentDocument except as expressly set forth herein. The waivers, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future any non-compliance with the Loan Documents, (ii) and shall not operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 3 contracts
Samples: Credit Agreement (Nerdwallet, Inc.), Credit Agreement (Bill.com Holdings, Inc.), Credit Agreement (Stitch Fix, Inc.)
Effect on Loan Documents. (a) a. The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversconsents, consents modifications, waivers and modifications other agreements set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future any non-compliance with the Loan Documents, (ii) and shall not operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 3 contracts
Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents waivers and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future non-compliance with the Loan Documents, (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any future waiver of any Default covenants or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by Borrowers remains in the sole and all other existing Loan Documents shall remain unchanged absolute discretion of Agent and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms of the Credit Agreement and the other Loan DocumentsLenders.
Appears in 2 contracts
Samples: Credit Agreement and Consent (Salem Media Group, Inc. /De/), Credit Agreement (Salem Media Group, Inc. /De/)
Effect on Loan Documents. (a) a. The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversamendments, consents consents, modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and except as expressly set forth herein, shall not (i) neither excuse future any non-compliance with the Loan Documents, (ii) nor operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 2 contracts
Samples: Credit Agreement (Asana, Inc.), Credit Agreement (Asana, Inc.)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents waivers and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future non-compliance with the Loan Documents, (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any future waiver of any Default covenants or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by the Borrower remains in the sole and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms absolute discretion of the Credit Agreement Agent and the other Loan DocumentsLenders.
Appears in 2 contracts
Samples: Credit Agreement (Bell Industries Inc /New/), Credit Agreement (Bell Industries Inc /New/)
Effect on Loan Documents. (a) The Credit Agreement and each of the other Loan Documents (including as shall be amended hereby on the date of this Amendment and the First Amendment Effective Date), shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as with respect to the modifications and amendments expressly set forth herein, as a forbearance, waiverwaiver of, consent to, or a modification of or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Facility Agreement or any other Loan Document. Except for the amendments to the Facility Agreement and other Loan Documents expressly set forth herein, the Facility Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents modifications and modifications other agreements set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)specified provisions hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) neither excuse future non-compliance with the Loan DocumentsDocuments nor operate as a waiver of any Default or Event of Default, (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any waiver of covenants or any Default other provision of the Facility Agreement or Event of Default. Lender is not obligated to consider or consent to any additional request by any other Loan Party for will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by Borrower or any other waiver, consent or other modification with respect to Loan Party remains in the Credit Agreement. Except for the waivers, consents sole and other modifications expressly set forth above, the text absolute discretion of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms of the Credit Agreement Agent and the other Loan DocumentsLenders.
Appears in 1 contract
Samples: Facility Agreement (Melinta Therapeutics, Inc. /New/)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as with respect to the modifications and amendments expressly set forth herein, as a forbearance, waiverwaiver of, consent to, or a modification of or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents modifications and modifications other agreements set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)specified provisions hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) neither excuse future non-compliance with the Loan DocumentsDocuments nor operate as a waiver of any Default or Event of Default, (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any waiver of any Default covenants or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by Borrower or any other Loan Party remains in the sole and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms absolute discretion of the Credit Agreement Agent and the other Loan DocumentsLenders.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversconsents, consents modifications, waivers and modifications other agreements set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future any non-compliance with the Loan Documents, (ii) and shall not operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent or modification of any right, power, or remedy of Lender under the Credit Agreement or any other Loan Document. The waivers, consents and modifications herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future non-compliance with the Loan Documents, (ii) operate as a consent to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of DefaultDefault (other than the Specified Defaults). Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms of the Credit Agreement and the other Loan Documents. [***] Omitted pursuant to a request for confidential treatment with the SEC.
Appears in 1 contract
Samples: Credit Agreement (Sphere 3D Corp)
Effect on Loan Documents. (a) The Credit Agreement and each of the other Loan Documents Documents, as amended hereby, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversconsents, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future any non-compliance with the Loan Documents, (ii) and shall not operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Loan Documents expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect effect. (b) Upon and Lender expressly reserves after the right to require strict compliance with the terms of Agreement Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents.Documents to “the Credit Agreement”,
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Second Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversconsents, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future any non-compliance with the Loan Documents, (ii) and shall not operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Second Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Second Amendment shall control.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent or modification of any right, power, or remedy of Lender under the Credit Agreement or any other Loan Document. The waivers, consents and modifications herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future non-compliance with the Loan Documents, (ii) operate as a consent to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default (other than the Specified Events of Default). Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Sphere 3D Corp)
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiverwaiver of, consent to, or a modification of or amendment of, any right, power, or remedy of Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement and the Guarantor Security Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents consents, waivers and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)specified hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) neither excuse future non-compliance with the Loan DocumentsDocuments nor operate as a waiver of any Default or Event of Default (other than the Designated Events of Default), (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any future waiver of any Default covenants or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by Borrower remains in the sole and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms absolute discretion of the Credit Agreement and the other Loan DocumentsLenders.
Appears in 1 contract
Samples: Credit Agreement (Saba Software Inc)
Effect on Loan Documents. (a) The Credit Agreement and each of the other Loan Documents Documents, as amended hereby, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversconsents, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future any non-compliance with the Loan Documents, (ii) and shall not operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Loan Documents expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect effect. (b) Upon and Lender expressly reserves after the right to require strict compliance with the terms of the Credit Agreement and the other Loan Documents.First Amendment Effective Date, each reference in
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiverwaiver of, consent to, or a modification of or amendment of, any right, power, or remedy of Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents consents, waivers and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)specified hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) neither excuse future non-compliance with the Loan DocumentsDocuments nor operate as a waiver of any Default or Event of Default (other than the Designated Events of Default), (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any future waiver of any Default covenants or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by Borrower remains in the sole and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms absolute discretion of the Credit Agreement and the other Loan DocumentsLenders.
Appears in 1 contract
Samples: Credit Agreement (Saba Software Inc)
Effect on Loan Documents. (a) The Credit Agreement Loan Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiverwaiver of, consent to, or a modification of or amendment of, any right, power, or remedy of the Agent or any Lender under the Credit Loan Agreement or any other Loan Document. Except for the amendments to the Loan Agreement expressly set forth herein, the Loan Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The waivers, consents and modifications amendments set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)specified hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) neither excuse future non-compliance with the Loan DocumentsDocuments nor operate as a waiver of any Default or Event of Default, (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any future waiver of covenants or any Default other provision of the Loan Agreement or Event any of Default. Lender is not obligated to consider the other Loan Documents will be agreed to, it being understood that the granting or consent to denying of any additional request waiver which may hereafter be requested by any Loan Party for any other waiver, consent or other modification with respect to remains in the Credit Agreement. Except for the waivers, consents sole and other modifications expressly set forth above, the text absolute discretion of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms of the Credit Agreement Agent and the other Loan DocumentsLenders.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement First Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The waiversconsents, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) excuse future any non-compliance with the Loan Documents, (ii) and shall not operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this First Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this First Amendment shall control.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiverwaiver of, consent to, or a modification of or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The waiversamendments, consents consents, waivers and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based)specified provisions hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, and shall not (i) neither excuse future non-compliance with the Loan DocumentsDocuments nor operate as a waiver of any Default or Event of Default, (ii) shall not operate as a consent to any further or other matter under the Loan Documents, or (iii) operate Documents and shall not be construed as a an indication that any waiver of any Default covenants or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications expressly set forth above, the text provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by Borrower or any other Loan Party remains in the sole and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves the right to require strict compliance with the terms absolute discretion of the Credit Agreement Agent and the other Loan DocumentsLenders.
Appears in 1 contract
Effect on Loan Documents. (a) The a)The Credit Agreement Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms (as amended by this Agreement) and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement Amendment shall not operate, except as expressly set forth herein, as a forbearance, waiver, consent modification or modification waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document. The amendments, consents, waivers, consents modifications and modifications other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, and except as expressly set forth herein, shall not (i) neither excuse future any non-compliance with the Loan Documents, (ii) nor operate as a consent or waiver to any further or other matter under the Loan Documents, or (iii) operate as a waiver of any Default or Event of Default. Lender is not obligated to consider or consent to any additional request by any Loan Party for any other waiver, consent or other modification with respect to the Credit Agreement. Except for the waivers, consents and other modifications amendments to the Credit Agreement expressly set forth aboveherein, the text of the Credit Agreement and all other existing Loan Documents shall remain unchanged and in full force and effect and Lender expressly reserves effect. To the right to require strict compliance extent any terms or provisions of this Amendment conflict with the terms those of the Credit Agreement and the or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 1 contract
Samples: Credit Agreement (Enfusion, Inc.)