Effect; Ratification. The amendments set forth herein are effective solely for the purpose set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 4 contracts
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc), Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc), Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to to, or an acknowledgment of, any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that remedy which Lender may now have or may have in the future under or in connection with the Loan Agreement Agreement, as amended hereby, or any other Financing Agreementsinstrument or agreement referred to therein. It is further understood and agreed by and between the Borrower and the Lender that all other terms and provisions of the Loan Agreement shall remain in full force and effect, enforceable by the Lender against the Borrower as fully as though no amendments had been made hereby, and this Amendment shall not be deemed to hinder, compromise or lessen the enforceability of the Loan Agreement, the Notes, or any mortgage, security interest, or guaranty securing repayment of the Loans, in any way. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the any other Financing Agreements Loan Document to the Loan Agreement “Fifth Supplement” shall mean the Loan Agreement Fifth Supplement, as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 2 contracts
Samples: Master Loan Agreement (Revolving Line of Credit Loan) (Heron Lake BioEnergy, LLC), Master Loan Agreement (Revolving Line of Credit Loan) (Heron Lake BioEnergy, LLC)
Effect; Ratification. Borrowers acknowledge that all of the reasonable legal expenses incurred by Agent in connection herewith shall be reimbursable under Section 9.21 of the Loan Agreement. The amendments set forth herein are effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan any Financing Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that any Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing AgreementsAgreement. Each reference in the Loan Agreement Financing Agreements to "“this Agreement"”, "“herein"”, "“hereof" ” and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan such Financing Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement Financing Agreements and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing AgreementAgreements, except as herein amended or waived, waived are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Delco Remy International Inc)
Effect; Ratification. Borrowers acknowledge that all of the reasonable legal expenses incurred by Agent in connection herewith shall be reimbursable under Section 9.23 of the Loan Agreement. The amendments set forth herein are effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan any Financing Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that any Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing AgreementsAgreement. Each reference in the Loan Agreement Financing Agreements to "“this Agreement"”, "“herein"”, "“hereof" ” and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan such Financing Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement Financing Agreements and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing AgreementAgreements, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Keystone Consolidated Industries Inc), Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This Seventh Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This Third Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose set -------------------- forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This Second Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This Twelfth Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. Borrower acknowledges that all of the reasonable legal expenses incurred by Administrative Agent in connection herewith shall be reimbursable under Section 9.16 of the Loan Agreement. The amendments set forth herein are effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements Agreement or (ii) prejudice any right or rights that Agents and Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing AgreementsAgreement. Each reference in the Loan Agreement to "“this Agreement"”, "“herein"”, "“hereof" ” and words of like import and each reference in the other Financing Agreements to the “Loan Agreement Agreement” shall mean the Loan Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, waived are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)
Effect; Ratification. Borrowers acknowledge that all of the reasonable legal expenses incurred by Agent and Term Lenders in connection herewith shall be reimbursable. The amendments set forth herein are effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan any Financing Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that any Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing AgreementsAgreement. Each reference in the Loan Agreement Financing Agreements to "“this Agreement"”, "“herein"”, "“hereof" ” and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan such Financing Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement Financing Agreements and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing AgreementAgreements, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Remy International, Inc.)
Effect; Ratification. The amendments set forth herein are effective ---------------------------------------------------------- solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This First Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements Agreement or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreementsfinancing Agreement. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the "Loan Agreement Agreement" shall mean the Loan Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Food Centers Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose set -------------------- forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This Fifth Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This Sixth Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are ------- ------------- effective solely for the purpose set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing Agreements. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan Agreement as amended hereby. This Fourth Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Keystone Consolidated Industries Inc)
Effect; Ratification. The amendments set forth herein are effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements Agreement or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing AgreementsAgreement. Each reference in the Loan Agreement to "this Agreement", "herein", "hereof" and words of like import and each reference in the other Financing Agreements to the "Loan Agreement Agreement" shall mean the Loan Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Food Centers Inc)
Effect; Ratification. The amendments amendment set forth herein are is effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan Agreement or of any other Financing Agreements Agreement or (ii) prejudice any right or rights that Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing AgreementsAgreement. Each reference in the Loan Agreement to "this Agreement", ," "herein", ," "hereof" and words of like import and each reference in the other Financing Agreements to the "Loan Agreement Agreement" shall mean the Loan Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing Agreement, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Effect; Ratification. Borrowers acknowledge that all of the reasonable legal expenses incurred by Agent in connection herewith shall be reimbursable under Section 9.23 of the Loan Agreement. The amendments set forth herein are effective solely for the purpose purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Loan any Financing Agreement or of any other Financing Agreements or (ii) prejudice any right or rights that any Lender may now have or may have in the future under or in connection with the Loan Agreement or any other Financing AgreementsAgreement. Each reference in the Loan Agreement Financing Agreements to "this Agreement", "herein", "hereof" ' and words of like import and each reference in the other Financing Agreements to the Loan Agreement shall mean the Loan such Financing Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Loan Agreement Financing Agreements and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Agreement and each other Financing AgreementAgreements, except as herein amended or waived, are hereby ratified and confirmed and shall remain in full force and effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Keystone Consolidated Industries Inc)