Effect on Loan Documents. 10.1 The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, hereby ratify and reaffirm the Borrowers’ obligations under the Credit Agreement and each Loan Party’s obligations under each other Loan Document to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, hereby further ratify and reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge and agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge as of the date hereof that no Loan Party has any defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document that might otherwise be available as a result of this Amendment. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 6 contracts
Samples: Credit Agreement (Benefitfocus,Inc.), Seventh Amendment Agreement (Benefitfocus,Inc.), Sixth Amendment Agreement (Benefitfocus,Inc.)
Effect on Loan Documents. 10.1 (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Each Loan Party, Party hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments consents or modifications to the Credit Agreement set forth in this Amendment shall impair any such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Each Loan Party, Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Each Loan Party, acknowledge Party acknowledges and agree agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that no such Loan Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Each Loan Party, waive Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 5 contracts
Samples: Credit Agreement (Everyday Health, Inc.), Credit Agreement and Consent (Everyday Health, Inc.), Credit Agreement (Everyday Health, Inc.)
Effect on Loan Documents. 10.1 (a) The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Each Loan Party, Party hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Each Loan Party, Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Each Loan Party, acknowledge Party acknowledges and agree agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that no such Loan Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Each Loan Party, waive Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (Organogenesis Holdings Inc.), Credit Agreement (Alarm.com Holdings, Inc.)
Effect on Loan Documents. 10.1 (a) The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Bank may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative AgentBank’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, Borrower hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Loan Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Loan Agreement set forth in this Amendment shall impair any Loan PartyBorrower’s obligations under the Loan Documents or the Administrative AgentBank’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, Borrower hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent Bank on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge Borrower acknowledges and agree agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that Borrower has no Loan Party has any defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive Borrower waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Loan Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 4 contracts
Samples: Loan and Security Agreement (Rosetta Stone Inc), Loan and Security Agreement (Rosetta Stone Inc), Loan and Security Agreement (Rosetta Stone Inc)
Effect on Loan Documents. 10.1 8.1 The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Bank may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative AgentBank’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, Borrower hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Loan Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Loan Agreement set forth in this Amendment shall impair any Loan PartyBorrower’s obligations under the Loan Documents or the Administrative AgentBank’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, Borrower hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Loan Agreement or any other Loan Document Document, to the Administrative Agent on behalf and for the benefit of the Secured Parties, Bank as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge Borrower acknowledges and agree agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that Borrower has no Loan Party has any defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive Borrower waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Loan Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 3 contracts
Samples: Loan and Security Agreement (Rosetta Stone Inc), Loan and Security Agreement (Rosetta Stone Inc), Loan and Security Agreement (Rosetta Stone Inc)
Effect on Loan Documents. 10.1 (a) The amendments set forth herein shall be limited precisely as written and shall not be deemed deemed: (ai) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent or any Lender may now have or may have in the future under or in connection with the Loan Documents; (bii) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (ciii) to limit or impair the Administrative Agent’s or any Lender’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Each Loan Party, Party hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s or any Lender’s rights under the Loan Documents. The Borrowers, on behalf of each Each Loan Party, Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Each Loan Party, acknowledge Party acknowledges and agree agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that no such Loan Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Each Loan Party, waive Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents as amended hereby that might otherwise be available as a result of this Amendment. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 2 contracts
Samples: Credit Agreement (Silver Spring Networks Inc), Credit Agreement (Silver Spring Networks Inc)
Effect on Loan Documents. 10.1 11.1 The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, hereby ratify and reaffirm the Borrowers’ obligations under the Credit Agreement and each Loan Party’s obligations under each other Loan Document to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, hereby further ratify and reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended and increased hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge and agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge as of the date hereof that no Loan Party has any defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 2 contracts
Samples: Fourth Amendment Agreement (Benefitfocus,Inc.), Fourth Amendment Agreement (Benefitfocus,Inc.)
Effect on Loan Documents. 10.1 a. The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents Document or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Each Loan Party, Party hereby ratify further ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Each Loan Party, Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Each Loan Party, acknowledge Party acknowledges and agree agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that no such Loan Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Each Loan Party, waive Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 2 contracts
Samples: Credit Agreement (Organogenesis Holdings Inc.), Consent Agreement (Organogenesis Holdings Inc.)
Effect on Loan Documents. 10.1 9.1 The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, hereby ratify and reaffirm the Borrowers’ obligations under the Credit Agreement and each Loan Party’s obligations under each other Loan Document to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, hereby further ratify and reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended and increased hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge and agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge as of the date hereof that no Loan Party has any defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 1 contract
Effect on Loan Documents. 10.1 The amendments set forth Borrower hereby ratifies and confirms the terms of the Loan Agreement and the other Loan Documents and agrees that, except as specifically amended hereby, the Loan Agreement and the other Loan Documents remain in full force and effect. Nothing contained herein shall be limited precisely as written and shall not be deemed (a) to be constitute a forbearance, waiver, or modification waiver of any other term or condition provision of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearanceexcept such waivers as are expressly set forth herein. The parties hereto specifically acknowledge that, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any effective as of the provisions thereof; or date hereof (ci) the Security and Negative Pledge Agreement dated as of April 21, 2005 given by Borrower to limit or impair Administrative Agent granting a lien on assets of the Borrower to secure the Obligations, (ii) the Pledge Agreement dated as of April 21, 2005 given by Borrower to Administrative Agent granting a lien on Borrower’s interests in certain of its domestic subsidiaries to secure the Obligations and (iii) the Pledge Agreement dated as of April 21, 2005 given by Borrower, Computer Task Group International, Inc. and Computer Task Group Europe, B.V. to Administrative Agent granting a lien on certain of the Borrower’s interests in certain of its foreign subsidiaries to secure the Obligations, are terminated. It is the intention of the parties hereto that, unless and until they otherwise agree in writing, the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, hereby ratify and reaffirm the Borrowers’ obligations under the Credit Agreement and each Loan Party’s obligations under each other Loan Document to which it is a party and agrees that none of the amendments for itself or modifications to the Credit Agreement set forth in this Amendment shall impair any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, hereby further ratify and reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured PartiesLenders or the Bank, shall have no security interest in the Collateral, as collateral security for the obligations under such term was defined in the Loan DocumentsAgreement prior to giving effect to this Fourth Amendment. In furtherance of the foregoing, each of the parties hereto agrees to execute and deliver, at Borrower’s expense, such documents as may reasonably be required to release, discharge and terminate each security interest, pledge, mortgage and assignment existing in accordance favor of the Administrative Agent, for its benefit and the benefit of the Lenders and the Bank, with their respective termsrespect to any of the Collateral, and acknowledge as such term was defined in the Loan Agreement prior to giving effect to this Fourth Amendment, provided, however, that all any Lien in favor of such Liensthe Agent, and all collateral heretofore pledged as security for such obligations, continues Bank or any Lender pursuant to be and remain any document governing any bank account of any Loan Party or relating to future cash collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowersany letter of credit, on behalf of each Loan Party, acknowledge and agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge as of the date hereof that no Loan Party has any defenses shall not be discharged or terminated by or pursuant to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document that might otherwise be available as a result of this Fourth Amendment. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
Appears in 1 contract
Effect on Loan Documents. 10.1 (a) The amendments waivers set forth herein shall be limited precisely as written and shall not be deemed (ai) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Lender may now have or may have in the future under or in connection with the Loan Documents; (bii) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (ciii) to limit or impair the Administrative AgentLender’s right to demand strict performance of all terms and covenants as of any date, provided that Lender agrees that it will not charge interest pursuant to Section 2.3 of the Loan Agreement related to the Existing Event of Default specifically identified herein until the Waiver Condition Failure Date, and then only beginning with such date. The Borrowers, on behalf of each Loan Party, Borrower hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Loan Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications waivers to the Credit Loan Agreement set forth in this Amendment Waiver shall impair any Loan PartyBorrower’s obligations under the Loan Documents or the Administrative AgentLender’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, Borrower hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document Documents to the Administrative Agent on behalf and for the benefit of the Secured PartiesLender, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liensliens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge Borrower acknowledges and agree agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that Borrower has no Loan Party has any defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive Borrower waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this Amendment. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlWaiver.
Appears in 1 contract
Samples: Waiver (Alimera Sciences Inc)
Effect on Loan Documents. 10.1 a. The amendments consent and waiver set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents Document or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Each Loan Party, Party hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment Consent shall impair any such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Each Loan Party, Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Each Loan Party, acknowledge Party acknowledges and agree agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that no such Loan Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Each Loan Party, waive Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentConsent of the Credit Agreement. To the extent any terms or provisions of this Amendment Consent conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment Consent shall control.
Appears in 1 contract
Effect on Loan Documents. 10.1 (a) The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Bank may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative AgentBank’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, Borrower hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Loan Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Loan Agreement set forth in this Amendment shall impair any Loan PartyBorrower’s obligations under the Loan Documents or the Administrative AgentBank’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, Borrower hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Loan Agreement or any other Loan Document Document, to the Administrative Agent on behalf and for the benefit of the Secured Parties, Bank as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge Borrower acknowledges and agree agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that Borrower has no Loan Party has any defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive Borrower waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Loan Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) 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. (c) This Amendment is a Loan Document. 14.
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Effect on Loan Documents. 10.1 (a) The amendments waiver set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Bank may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative AgentBank’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, Each Credit Party hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Loan Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party party, as amended hereby, and agrees that none of the amendments or modifications waivers to the Credit Loan Agreement set forth in this Amendment Waiver shall impair any Loan such Credit Party’s obligations under the Loan Documents or the Administrative AgentBank’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, Each Credit Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement Guaranty or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured PartiesBank, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge Each Credit Party acknowledges and agree agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect effect, as amended hereby, and acknowledge acknowledges as of the date hereof that no Loan such Credit Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive Each Credit Party waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this Amendment. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlWaiver.
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Samples: Waiver to Loan and Security Agreement (Intersections Inc)
Effect on Loan Documents. 10.1 (a) The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Each Loan Party, Party hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Each Loan Party, Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereofhereof in accordance with the terms of the applicable Loan Documents. The Borrowers, on behalf of each Each Loan Party, acknowledge Party acknowledges and agree agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that no such Loan Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Each Loan Party, waive Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
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Samples: Credit Agreement (Fitbit Inc)
Effect on Loan Documents. 10.1 (a) The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Each Loan Party, Party hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Each Loan Party, Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Each Loan Party, acknowledge Party acknowledges and agree agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that no such Loan Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Each Loan Party, waive Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document that might otherwise be available as a result of this AmendmentAmendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
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Effect on Loan Documents. 10.1 The amendments consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Loan Party, hereby ratify and reaffirm the Borrowers’ obligations under the Credit Agreement and each Loan Party’s obligations under each other Loan Document to which it is a party and agrees agree that none of the amendments or modifications to the Credit Agreement set forth in provisions of this Amendment Consent shall impair any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Loan Party, hereby further ratify and reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Loan Party, acknowledge and agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge as of the date hereof that no Loan Party has any defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Loan Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document that might otherwise be available as a result of this AmendmentConsent. To the extent any terms or provisions of this Amendment Consent conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment Consent shall control.
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Samples: Consent (Benefitfocus, Inc.)
Effect on Loan Documents. 10.1 a. The amendments set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents Document or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. The Borrowers, on behalf of each Each Loan Party, Party hereby ratify ratifies and reaffirm the Borrowers’ reaffirms its obligations under the Credit Agreement and each Loan Party’s obligations under each the other Loan Document Documents to which it is a party and agrees that none of the amendments or modifications to the Credit Agreement set forth in this Amendment shall impair any such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. The Borrowers, on behalf of each Each Loan Party, Party hereby further ratify ratifies and reaffirm reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledge acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. The Borrowers, on behalf of each Each Loan Party, acknowledge Party acknowledges and agree agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledge acknowledges as of the date hereof that no such Loan Party has any no defenses to enforcement of the Loan Documents. The Borrowers, on behalf of each Each Loan Party, waive Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Document Documents that might otherwise be available as a result of this AmendmentAmendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.
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