Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan Documents, as amended hereby, shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan Documents, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents. (b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 8 contracts
Sources: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc)
Effect on Loan Documents. (a) The Loan Agreement Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Agreement”", “"thereunder”", “"therein”", “"thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 5 contracts
Sources: Loan and Security Agreement (Sholodge Inc), Loan and Security Agreement (Sholodge Inc), Loan and Security Agreement (Sholodge Inc)
Effect on Loan Documents. (a) The Loan Agreement Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and are hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent or any Lender under the Loan Documents, as in effect prior to the date hereofAgreement or any other Loan Document. The waivers, consents, consents and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, Documents and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Loan Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 5 contracts
Sources: Loan and Security Agreement (Evergreen Holdings Inc), Loan and Security Agreement (Evergreen Holdings Inc), Loan and Security Agreement (Poster Financial Group Inc)
Effect on Loan Documents. (a) The Loan Agreement Agreement, as modified hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment Limited Consent shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent or any Lender under the Loan Documents, as in effect prior Agreement or any other Loan Document. Except for the amendments to the date hereof. The waiversLoan Agreement expressly set forth herein, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, Agreement and the other Loan Documents shall not operate as a consent to any further or other matter, under the Loan Documentsremain unchanged and in full force and effect.
(b) Upon and after the effectiveness of this AmendmentLimited Consent, each reference in the Loan Documents Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Loan Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified hereby.
(c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Loan Agreement, after giving effect to this Limited Consent, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
(d) This Limited Consent is a Loan Document.
Appears in 4 contracts
Sources: Limited Consent (Vertex Energy Inc.), Limited Consent (Vertex Energy Inc.), Limited Consent and Waiver (Vertex Energy Inc.)
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent modification to any further or other matter, under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
Appears in 3 contracts
Sources: Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement (Brio Software Inc), Loan and Security Agreement (Brio Software Inc)
Effect on Loan Documents. (a) The Loan Agreement Credit Agreement, as amended hereby, and each of the other Loan Documents, as amended herebyas of the date hereof, shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an a waiver of, consent to, or a modification or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Documents, as in effect prior Document. Except for the amendments to the date hereof. The waiversCredit Agreement expressly set forth herein, consents, the Credit Agreement and modifications herein are limited to the specifics hereof, other Loan Documents shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, remain unchanged and shall not operate as a consent to any further or other matter, under the Loan Documentsin full force and effect.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Credit Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Credit Agreement, and each reference in the other Loan Documents to “"the Credit Agreement”", “"thereunder”", “"therein”", “"thereof” ' or words of like import referring to the Loan Credit Agreement, shall mean and be a reference to the Loan Credit Agreement as modified and amended hereby.
Appears in 3 contracts
Sources: Credit Agreement (Erickson Inc.), Credit Agreement (Erickson Inc.), Credit Agreement (Erickson Inc.)
Effect on Loan Documents. (a) The Loan Agreement Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and are hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent or any Lender under the Loan Documents, as in effect prior to the date hereofAgreement or any other Loan Document. The waivers, consents, consents and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, Documents and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Loan Agreement”", “"thereunder”", “"therein”", “"thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 3 contracts
Sources: Loan and Security Agreement (Poster Financial Group Inc), Loan and Security Agreement (Poster Financial Group Inc), Loan and Security Agreement (Poster Financial Group Inc)
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Agreement”", “"thereunder”", “"therein”", “"thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 3 contracts
Sources: Loan and Security Agreement (Futurelink Corp), Loan Agreement (Futurelink Corp), Loan and Security Agreement (Futurelink Corp)
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, not operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereof. The waivers, consents, consents and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a modification or consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Agreement”", “"thereunder”", “"therein”", “"thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 2 contracts
Sources: Loan and Security Agreement (Peninsula Gaming Corp), Loan and Security Agreement (Peninsula Gaming Corp)
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Agreement”", “"thereunder”", “"therein”", “"thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 2 contracts
Sources: Loan and Security Agreement (3do Co), Loan and Security Agreement (3do Co)
Effect on Loan Documents. (a) The Loan Agreement Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent or any the Lender under the Loan Documents, as in effect prior to the date hereofAgreement or any other Loan Document. The waivers, consents, and modifications amendments herein (i) are limited to the specifics hereofhereof (including facts or occurrences on which the same are based), (ii) shall not apply with respect to any facts or occurrences other than those on which the same are based, (iii) shall not excuse future non-compliance with the Loan AgreementDocuments, and (iv) shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 2 contracts
Sources: Term Loan and Security Agreement (Akrion, Inc.), Term Loan and Security Agreement (Akrion, Inc.)
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan Documents, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Agreement as modified or amended hereby.
Appears in 2 contracts
Sources: Loan and Security Agreement (Acceris Communications Inc), Loan and Security Agreement (Brio Software Inc)
Effect on Loan Documents. (a) The Loan Credit Agreement and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent and Lenders under the Credit Agreement or any Lender under the other Loan Documents, as in effect prior to the date hereofDocument. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan AgreementDocuments, and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “this Agreement”, ,” “hereunder”, ,” “herein”, ,” “hereof” or words of like import referring to the Loan Credit Agreement, and each reference in the other Loan Credit Documents to “the Credit Agreement”, ,” “thereunder”, ,” “therein”, ,” “thereof” or words of like import referring to the Loan Credit Agreement, shall mean and be a reference to the Credit Agreement, as modified or amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified and or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (B & B B, Inc.)
Effect on Loan Documents. (a) The Loan Agreement Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment No. 4 shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent or any Lender under the Loan Documents, as in effect prior Agreement or any other Loan Document. Except for the amendments to the date hereof. The waiversLoan Agreement expressly set forth herein, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, Agreement and the other Loan Documents shall not operate as a consent to any further or other matter, under the Loan Documentsremain unchanged and in full force and effect.
(b) Upon and after the effectiveness of this AmendmentAmendment No. 4, each reference in the Loan Documents Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Loan Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
(c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Loan Agreement, after giving effect to this Amendment No. 4, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
(d) This Amendment No. 4 is a Loan Document.
Appears in 1 contract
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Agreement”", “"thereunder”", “"therein”", “"thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
Appears in 1 contract
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, not operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereofFourth Amendment Effective Date. The waivers, consents, consents and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a modification or consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”, “," "hereunder”, “," "herein”, “," "hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Agreement”, “," "thereunder”, “," "therein”, “," "thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 1 contract
Sources: Loan and Security Agreement (Peninsula Gaming Corp)
Effect on Loan Documents. (a) The Loan Credit Agreement and each of the other Loan Documents, as amended amended, modified or waived hereby, shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment Consent shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Documents, as in effect prior to the date hereofDocument. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan AgreementDocuments, and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this AmendmentConsent, each reference in the Loan Documents Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Credit Agreement, shall mean and be a reference to the Loan Credit Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Consent, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.
(d) This Consent is a Loan Document.
Appears in 1 contract
Sources: Consent (Buca Inc /Mn)
Effect on Loan Documents. (a) The Loan Agreement Financing Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, power or remedy of any Agent or any Lender under the Financing Agreement or any other Loan Documents, as in effect prior to the date hereofDocument. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, Documents and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Financing Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Financing Agreement, and each reference in the other Loan Documents to “the Financing Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Financing Agreement, shall mean and be a reference to the Loan Financing Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Financing Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Financing Agreement as modified or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Effect on Loan Documents. (a) The Loan Agreement Financing Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment Agreement shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of any Agent or any Lender under the Financing Agreement or any other Loan Documents, as in effect prior to the date hereofDocument. The waivers, consents, and modifications herein are limited to the specifics hereofhereof (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, shall not excuse future non-compliance with the Loan AgreementDocuments, and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Financing Agreement to “this Agreement”, ,” “hereunder”, ,” “herein”, ,” “hereof” or words of like import referring to the Loan Financing Agreement, and each reference in the other Loan Documents to “the Financing Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Financing Agreement, shall mean and be a reference to the Loan Financing Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Financing Agreement, after giving effect to this Agreement, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Financing Agreement as modified or amended hereby.
Appears in 1 contract
Sources: Administrative Agent Agreement; Amendment to Financing Agreement (Dice Holdings, Inc.)
Effect on Loan Documents. (a) The Loan Credit Agreement and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent and Lenders under the Credit Agreement or any Lender under the other Loan Documents, as in effect prior to the date hereofDocument. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan AgreementDocuments, and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “herein”, ,” “hereof” or words of like import referring to the Loan Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, ,” “thereunder”, ,” “therein”, ,” “thereof” or words of like import referring to the Loan Credit Agreement, shall mean and be a reference to the Credit Agreement, as modified or amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified and or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (Rbg, LLC)
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an or amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereof. The waivers, consents, amendments and modifications waivers herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent an amendment or waiver to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Agreement”", “"thereunder”", “"therein”", “"thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 1 contract
Sources: Loan and Security Agreement (Peninsula Gaming Corp)
Effect on Loan Documents. (a) The Loan Agreement Credit Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and are hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Administrative Agent or any Lender under the Credit Agreement or any other Loan Documents, as in effect prior to the date hereofDocument. The waivers, consents, consents and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, Documents and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” ’ or words of like import referring to the Loan Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” ’ or words of like import referring to the Loan Credit Agreement, shall mean and be a reference to the Loan Credit Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (Einstein Noah Restaurant Group Inc)
Effect on Loan Documents. (a) The Loan Agreement Credit Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Documents, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan DocumentsDocument.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Credit Agreement, shall mean and be a reference to the Loan Credit Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Effect on Loan Documents. (a) The Loan Agreement Agreement, as amended hereby, and each of the other Loan Documents, as amended hereby, Documents shall be and remain in full force and effect in accordance with its their respective terms and hereby is are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of ornot operate, except as expressly set forth herein, as an amendment of, a modification or waiver of any right, power, or remedy of Agent or any Lender under the Loan Documents, as in effect prior to the date hereofAgreement or any other Loan Document. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan AgreementDocuments, and shall not operate as a consent to any further or other matter, matter under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Loan Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Loan and Security Agreement (Image Entertainment Inc)
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan Documents, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “"this Agreement”", “"hereunder”", “"herein”", “"hereof” " or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “"the Agreement”", “"thereunder”", “"therein”", “"thereof” " or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
Appears in 1 contract
Sources: Loan and Security Agreement (Paradyne Networks Inc)
Effect on Loan Documents. (a) The Loan Agreement and each of the other Loan DocumentsAgreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as an amendment of, any right, power, or remedy of Agent or any Lender under the Loan DocumentsAgreement, as in effect prior to the date hereof. The waivers, consents, and modifications herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents.
(b) Upon and after the effectiveness of this Amendment, each reference in the Loan Documents Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
Appears in 1 contract