EXCLUSION OF WARRANTIES BY ASSIGNOR. The Assignor: (a) Makes no representation or warranty and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with any Loan Document or the execution, legality, validity, enforceability, genuineness, sufficiency or value of any Loan Document or any other instrument or document furnished pursuant thereto or hereto. (b) Makes no representation or warranty and assumes no responsibility with respect to the financial condition of any Borrower or any other Person primarily or secondarily liable in respect of any of the Liabilities, or the performance or observance by the Borrower Representative or any Borrower or any other Person primarily or secondarily liable in respect of any of the Liabilities of any of their obligations under any Loan Documents or any other instrument or document furnished pursuant hereto or thereto. (c) Attaches the [Revolving Credit Note/Last Out Revolving Note] of which the Assignor is the holder and requests that the Administrative Agent cause the Borrowers’ exchange of such Note for new [Revolving Credit Notes/ Last Out Revolving Notes] payable to the Assignor and the Assignee reflecting the assignment referenced above.
Appears in 2 contracts
Samples: Loan and Security Agreement (Casual Male Retail Group Inc), Loan and Security Agreement (Casual Male Retail Group Inc)
EXCLUSION OF WARRANTIES BY ASSIGNOR. The Assignor:
(a) Makes no representation or warranty and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with any Loan Document or the execution, legality, validity, enforceability, genuineness, sufficiency or value of any Loan Document or any other instrument or document furnished pursuant thereto or hereto.
(b) Makes no representation or warranty and assumes no responsibility with respect to the financial condition of any Borrower or any other Person primarily or secondarily liable in respect of any of the Liabilities, or the performance or observance by the Borrower Borrowers’ Representative or any Borrower or any other Person primarily or secondarily liable in respect of any of the Liabilities of any of their obligations under any Loan Documents or any other instrument or document furnished pursuant hereto or thereto.
(c) Attaches the [Revolving Credit Note/Last Out Revolving Note] Note of which the Assignor is the holder and requests that the Administrative Agent cause the Borrowers’ exchange of such Revolving Credit Note for a new [Revolving Credit Notes/ Last Out Revolving Notes] Note payable to the Assignor and the Assignee reflecting the assignment referenced above.
Appears in 2 contracts
Samples: Loan and Security Agreement (Casual Male Retail Group Inc), Loan and Security Agreement (Casual Male Retail Group Inc)