Common use of Entire Understanding; Amendments Clause in Contracts

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the Loan Parties, Agent and each Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’s, Agent’s and each Lender’s respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Party acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Marketwise, Inc.), Loan and Security Agreement (Veeco Instruments Inc), Loan and Security Agreement (Marketwise, Inc.)

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Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith other Loan Documents contain the entire understanding between each Loan Party, the Loan Parties, Agent Lender and each Lender the Issuer and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’s, Agentthe Lender’s and each Lenderthe Issuer’s respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Party acknowledges that it has been advised by counsel in connection with the execution of this Agreement and the Loan Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Credit and Security Agreement (CVSL Inc.), Credit and Security Agreement (Sifco Industries Inc)

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the each Loan PartiesParty, Agent and each Lender and Term Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan PartyParties’, Agent’s, Agenteach Lender’s and each Term Lender’s respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Party acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Other Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Financing Agreement (Rafaella Apparel Group,inc.), Financing Agreement (Rafaella Apparel Group,inc.)

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the Loan Parties, Agent and each Lender parties hereto and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees guaranties not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’s, Obligor’s and the Collateral Agent’s and each Lender’s the applicable Note Purchasers’ respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Party Obligor acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan the Note Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Note Purchase and Guaranty Agreement (Next.e.GO B.V.), Note Purchase and Guaranty Agreement (Athena Consumer Acquisition Corp.)

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the each Loan PartiesParty, Agent and each Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’sParties’, Agent’s and each Lender’s respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Party acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Other Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Financing Agreement (Verrazano,inc.)

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the Loan Partieseach Credit Party, Agent and each Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Credit Party’s's, Agent’s 's and each Lender’s 's respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Credit Party acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Other Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Financing Agreement (Cpac Inc)

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the each Loan PartiesParty, Agent and each Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’s's, Agent’s 's and each Lender’s 's respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Party acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Other Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Jaco Electronics Inc)

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Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the each Loan PartiesParty, Agent and each Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’sParties', Agent’s 's and each Lender’s 's respective officersofficers as required under Section 17.2(b) hereof. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be chargedwriting complying with Section 17.2(b) hereof. Each Loan Party acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Other Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Brown Jordan International Inc)

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the Loan PartiesBorrower, Agent and each Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’sBorrower's, Agent’s 's and each Lender’s 's respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled canceled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Party Borrower acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Other Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Credit, Term Loan and Security Agreement (Aaf McQuay Inc)

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the each Loan PartiesParty, Agent and each Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’sParties’, Agent’s and each Lender’s respective officersofficers as required under Section 17.2(b) hereof. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be chargedwriting complying with Section 17.2(b) hereof. Each Loan Party acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Other Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Edgen Louisiana CORP)

Entire Understanding; Amendments. (a) This Agreement and the documents executed concurrently herewith contain the entire understanding between the Loan Parties, Agent Borrower and each Lender and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Any promises, representations, warranties or guarantees not herein contained and hereinafter made shall have no force and effect unless in writing, signed by each Loan Party’sBorrower's, Agent’s Lender's and each Lender’s 's respective officers. Neither this Agreement nor any portion or provisions hereof may be changed, modified, amended, waived, supplemented, discharged, cancelled or terminated orally or by any course of dealing, or in any manner other than by an agreement in writing, signed by the party to be charged. Each Loan Party Borrower acknowledges that it has been advised by counsel in connection with the execution of this Agreement and Loan Other Documents and is not relying upon oral representations or statements inconsistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Atari Inc)

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