Common use of Effect; Ratification Clause in Contracts

Effect; Ratification. The amendments set forth herein are effective solely for the 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 any Transaction Document or of any other instrument or agreement referred to therein, except as set forth herein, or (ii) prejudice any right or remedy that the Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “this Agreement,” “herein,” “hereof” and words of like import and each reference in the other Transaction Documents to the “Credit Agreement” shall mean the Credit Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments set forth herein are effective solely for the 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 any Transaction Document the Asset Purchase Agreement or of any other instrument or agreement referred to therein, except as set forth herein, therein or (ii) prejudice any right or remedy that the Agent or which any Lender party hereto may now have or may have in the future under or in connection with the Credit Asset Purchase Agreement, as amended hereby, or any other instrument or agreement referred to therein. Each reference in the Credit Asset Purchase Agreement to “this Agreement,” “herein,” “hereof” and words of like import and each reference in the other Transaction Documents to the “Credit Agreement” Related Agreements shall mean the Credit Asset Purchase Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Asset Purchase Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Asset Purchase Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments set forth herein are effective solely for the 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 any Transaction Document the Existing Agreement or of any other instrument or agreement referred to therein, except as set forth herein, ; or (ii) prejudice any right or remedy that which the Financial Institutions, PREFCO or the Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, Existing Agreement or any other instrument or agreement referred to therein. Each reference in the Credit Existing Agreement to “"this Agreement,” “" "herein,” “" "hereof” " and words of like import and each reference in the other Transaction Documents to the “Credit "Receivables Purchase Agreement” ," the "Purchase Agreement" or the Existing Agreement shall mean the Credit Existing Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Existing Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Existing Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments set forth herein are effective solely for the 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 any Transaction Document or of any other instrument or agreement referred to therein, except as set forth herein, or (ii) prejudice any right or remedy that the Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “"this Agreement,” “" "herein,” “" "hereof” " and words of like import and each reference in the other Transaction Documents to the “"Credit Agreement” " shall mean the Credit Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments and waivers set forth herein are effective solely for the 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 any Transaction Document or of any other instrument or agreement referred to therein, except as set forth herein, or (ii) prejudice any right or remedy that the Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “this Agreement,” “herein,” “hereof” and words of like import and each reference in the other Transaction Documents to the “Credit Agreement” shall mean the Credit Agreement as amended hereby. For the avoidance of doubt, each reference in the Credit Agreement, as amended hereby to “the date hereof” shall mean and be a reference to January 31, 2002. This Amendment No.2 shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments set forth herein are effective solely for the 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 any Transaction Document the Credit Agreement or of any other instrument Loan Document, (ii) operate as a waiver of any Default or agreement referred to therein, except as set forth herein, Unmatured Default under the Credit Agreement or (iiiii) prejudice any right or remedy rights that the Agent or any Lender the Lenders may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, Agreement or any other instrument or agreement referred to thereinLoan Document. Each reference in the Credit Agreement to “"this Agreement,” “", "herein,” “", "hereof” ", "hereunder" and words of like import and each reference in the other Transaction Loan Documents to the “"Credit Agreement” " shall mean the Credit Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements agree ments set forth in the Credit Agreement and each other instrument or agreement referred to thereinLoan Document, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments amendments, consents and waivers set forth herein are effective solely for the 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 consent or modification of any other term or condition of any Transaction Document the Credit Agreement or of any other instrument instru ment or agreement referred to therein, except as set forth herein, ; or (ii) prejudice any right or remedy that which the Agent or any Lender the Banks may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, Agreement or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “"this Amended Credit Agreement,” “", "herein,” “", "hereof” " and words of like import and each reference in the other Transaction Loan Documents to the “"Agreement" or the "Credit Agreement” " shall mean the Credit Agreement Agree ment as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amendedamended or waived, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments set forth herein are effective solely for the purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i) be a consent to to, or acknowledgment of, any amendment, waiver or modification of any other term or condition of any Transaction Document the Credit Agreement or of any other instrument or agreement referred to therein, except as set forth herein, therein or (ii) prejudice any right or remedy that which the Administrative Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, Agreement as amended hereby, hereby or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “this Agreement,” “herein,” “hereof” and words of like import and each reference in the other Transaction Loan Documents to the Credit Agreement or to the “Credit Agreement” shall mean the Credit Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments and waivers set forth herein are effective solely for the 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 consent or modification of any other term or condition of any Transaction Document the Credit Agreement or of any other instrument or agreement referred to therein, except as set forth herein, ; or (ii) prejudice any right or remedy that which the Agent or any Lender the Lenders may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, Agreement or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “"this Agreement,” “", "herein,” “", "hereof” " and words of like import and each reference in the other Transaction Loan Documents to the “"Agreement" or the "Credit Agreement” " shall mean the Credit Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amendedamended or waived, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments and waivers set forth herein are effective solely for the purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i1) be a consent to any amendment, waiver or modification of any other term or condition of any Transaction Document or of any other instrument or agreement referred to therein, except as set forth herein, or (ii2) prejudice any right or remedy that the Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “"this Agreement,” “" "herein,” “" "hereof” " and words of like import and each reference in the other Transaction Documents to the “"Credit Agreement” " shall mean the Credit Agreement as amended hereby. For the avoidance of doubt, each reference in the Credit Agreement, as amended hereby (including each reference contained in Section 2 of this Amendment) to "the date hereof" shall mean and be a reference to November 24, 1999. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments set --------------------- forth herein are effective solely for the 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 any Transaction Document the Purchase Agreement or of any other instrument or agreement referred to therein, except as set forth herein, ; or (ii) prejudice any right or remedy that which any Purchaser or the Agent or any Lender may now have or may have in the future under or in connection with the Credit Purchase Agreement, as amended hereby, or any other instrument or agreement referred to therein. Each reference in the Credit Purchase Agreement to “"this Agreement,” “" "herein,” “" "hereof” " and words of like import and each reference in the other Transaction Documents to the “Credit "Receivables Purchase Agreement” " or to the "Purchase Agreement" shall mean the Credit Purchase Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Purchase Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Purchase Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments and waivers set forth herein are effective solely for the purposes set forth herein and shall be limited precisely as written, and shall not be deemed to (i1) be a consent to any amendment, waiver or modification of any other term or condition of any Transaction Document or of any other instrument or agreement referred to therein, except as set forth herein, or (ii2) prejudice any right or remedy that the Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “"this Agreement,” “" "herein,” “" "hereof” " and words of like import and each reference in the other Transaction Documents to the “"Credit Agreement” " shall mean the Credit Agreement as amended hereby. For the avoidance of doubt, each reference in the Credit Agreement, as amended hereby to "the date hereof" shall mean and be a reference to November 24, 1999. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.except

Effect; Ratification. The amendments set forth herein are effective solely for the 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 consent or modification of any other term or condition of any Transaction Document the Credit Agreement or of any other instrument or agreement referred to therein, except as set forth herein, ; or (ii) prejudice any right or remedy that which the Agent or any Lender the Lenders may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, Agreement or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “"this Agreement,” “", "herein,” “", "hereof” " and words of like import and each reference in the other Transaction Loan Documents to the “"Agreement" or the "Credit Agreement” " shall mean the Credit Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments set forth herein are effective solely for the 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 any Transaction Document the Agreement or of any other instrument or agreement referred to therein, except as set forth herein, ; or (ii) prejudice any right or remedy that which the Investors, FALCON and the Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, Agreement or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “"this Agreement,” “" "herein,” “" "hereof” " and words of like import and each reference in the other Transaction Documents to the “Credit "Agreement” " shall mean the Credit Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments set forth herein are effective solely for the 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 any Transaction Document the Purchase Agreement or of any other instrument or agreement referred to therein, except as set forth herein, therein or (ii) prejudice any right or remedy that which any Purchaser or the Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement, Purchase Agreement as amended hereby, hereby or any other instrument or agreement referred to therein. Each reference in the Credit Purchase Agreement to “this Agreement,” “herein,” “hereof” and words of like import and each reference in the other Transaction Documents to the Purchase Agreement or to the “Credit Receivables Purchase Agreement” or to the “Purchase Agreement” shall mean the Credit Purchase Agreement as amended hereby. This Amendment shall be construed in connection with and as part of the Credit Purchase Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Purchase Agreement and each other instrument or agreement referred to therein, except as herein amended, are hereby ratified and confirmed and shall remain in full force and effect.

Effect; Ratification. The amendments amendments, consents and waivers set forth herein are effective solely for the 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 consent or modification of any other term or condition of any Transaction Document the Credit Agreement or of any other instrument or agreement referred to therein, except as set forth herein, ; or (ii) prejudice any right or remedy that which the Agent or any Lender the Banks may now have or may have in the future under or in connection with the Credit Agreement, as amended hereby, Agreement or any other instrument or agreement referred to therein. Each reference in the Credit Agreement to “"this Amended Credit Agreement,” “", "herein,” “", "hereof” " and words of like import and each reference in the other Transaction Loan Documents to the “"Agreement" or the "Credit Agreement” " shall mean the Credit Agreement as amended hereby. This Amendment Consent shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement and each other instrument or agreement referred to therein, except as herein amendedamended or waived, are hereby ratified and confirmed and shall remain in full force and effect.