Existing Financing Agreements. Each Borrower and Guarantor hereby acknowledges, confirms and agrees that: (a) the Existing Financing Agreements have been duly executed and delivered by such Borrower and Guarantor and are in full force and effect as of the date hereof and (b) the agreements and obligations of such Borrower and Guarantor contained in the Existing Financing Agreements constitute the legal, valid and binding obligations of such Borrower and Guarantor enforceable against each of them in accordance with their respective terms and such Borrower and Guarantor has no valid defense to the enforcement of such obligations and (c) Agent, on behalf of Lenders and Bank Product Providers, is entitled to all of the rights and remedies provided for in favor of Agent, Lenders and Bank Product Providers in the Existing Financing Agreements, as amended and restated by this Agreement.
Existing Financing Agreements. Each Obligor hereby acknowledges, confirms and agrees that: (a) the Existing Financing Agreements have been duly executed and delivered by such Obligor and are in full force and effect as of the date hereof, and (b) the agreements and obligations of such Obligor contained in the Existing Financing Agreements on the date hereof constitute the legal, valid and binding obligations of such Obligor enforceable against it in accordance with their respective terms and such Obligor has no defense to the enforcement of 123 such obligations and (c) Agent and Lenders are entitled to all of the rights and remedies provided for in the Existing Financing Agreements as in effect on the date hereof.
Existing Financing Agreements. Borrowers and Guarantors hereby acknowledge, confirm and agree that: (a) the Existing Handy Financing Agreements are in full force and effect as of the date hereof and (b) the agreements and obligations of Existing Borrowers and Existing Guarantors contained in the Existing Handy Financing Agreements constitute the legal, valid and binding obligations of those Existing Borrowers and Existing Guarantors party thereto against them in accordance with their respective terms, and Borrowers and Guarantors have no valid defense to the enforcement of such obligations, and (c) Agent and Lenders are entitled to all of the rights and remedies provided for in the Existing Handy Financing Agreements.
Existing Financing Agreements. (i) Receipt by the Administrative Agent and the Arrangers of evidence that the Existing Credit Agreement has been, or substantially concurrently with the initial Credit Extension is being refinanced, (ii) receipt by the Administrative Agent and the Arrangers of evidence (including customary payoff letters) that each of the Existing Creative Circle Credit Agreements has been, or substantially concurrently with the initial Credit Extension is being, terminated and all Liens securing obligations under both of the Existing Creative Circle Credit Agreements have been, or substantially concurrently with the initial Credit Extensions hereunder are being, released and (iii) on the Closing Date, immediately after giving effect to the Transactions, the Borrower and its Subsidiaries shall have no outstanding Indebtedness (other than the Obligations and Indebtedness permitted pursuant to Section 7.02).
Existing Financing Agreements. Each Borrower hereby acknowledges, confirms and agrees that: (a) the Existing Financing Agreements have been duly executed and delivered by Borrowers and are in full force and effect as of the date hereof, (b) the agreements and obligations of Borrowers contained in the Existing Financing Agreements constitute the legal, valid and binding obligations of Borrowers enforceable against each in accordance with their respective terms, (c) Borrowers have no valid defense to the enforcement of such obligations and
Existing Financing Agreements. The Existing Financing Agreements shall have been paid in-full and terminated and the Company and its Subsidiaries shall have no further obligations thereunder, and a release from Xxxxxx to this effect in a form mutually acceptable to each of the Parties shall have been obtained by the Company and the Seller.
Existing Financing Agreements. Subject to Section 3.06, solely for the purpose of permitting Telenor and the Issuer to execute, deliver and perform their respective obligations under the New Primary Agreement and the other Principal Agreements to which each is a party, Telenor, the Issuer, VimpelCom Finance, VIP BV and VC Limited hereby waive all of their respective rights under and the obligations of each other party to the Existing Financing Agreements.
Existing Financing Agreements. 123 14.4 Restatement......................................................124
Existing Financing Agreements. 127 14.4 Restatement....................................................................... 128 INDEX TO EXHIBITS AND SCHEDULES Exhibit A Form of Assignment and Acceptance Exhibit B Compliance Certificate Exhibit C Commitments Exhibit 7.1 Form of Inventory Report Omnibus Schedule 1* Part (1) Subsidiaries; Part (3) Inactive Subsidiaries; Part (7) Excluded Subsidiaries Omnibus Schedule 2* Inventory Locations/Real Property Locations Omnibus Schedule 5* Pledged Stock Omnibus Schedule 7* Entities Not in Good Standing Omnibus Schedule 8* Litigation/Investigations Omnibus Schedule 11* Environmental Compliance Omnibus Schedule 13* Permitted Liens Omnibus Schedule 14* Guarantees Omnibus Schedule 16* Tax Returns Schedule 1.75* Existing Letters of Credit Schedule 1.76* Existing Securitization Documents Schedule 5.4 (e)* Investment securities, investment account, securities accounts, commodity accounts or similar accounts Schedule 5.4 (f)* Payment rights pursuant to letters of credit, banker' s acceptances or similar instruments Schedule 5.4 (g)* Commercial tort claims Schedule 6.3* Deposit Accounts and Merchant Payment Arrangements Schedule 8.2* Material Adverse Change Schedule 8.11* Intellectual Property Schedule 8.13* Collective Bargaining Agreements Schedule 8.14* Prior Corporate Transactions Schedule 8.17* Material Contracts Schedule 8.18* Credit Card Agreements Schedule 9.9* Indebtedness Schedule 9.10* Investments * Omitted from this copy. Copies of these Schedules will be provided to the Securities and Exchange Commission upon request. AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT This Amended and Restated Loan and Security Agreement dated January 29, 2004 is entered into by and among Charming Shoppes, Inc., a Pennsylvania corporation ("Parent"), Charming Shoppes of Delaware, Inc., a Pennsylvania corporation ("CS Delaware"), CSI Industries, Inc., a Delaware corporation ("CSI"), FB Apparel, Inc., an Indiana corporation ("FB Apparel"), Catherines Stores Corporation, a Tennessee corporation ("Catherines") and Lane Bryant, Inc., a Delaware corporation ("LB"; and, together with Parexx, XX Delaware, CSI, FB Apparel, LB and Catherines, hereinafter referred to individually as a "Borrower" and collectively as "Borrowers") and CS Delaware in its capacity as agent for itself as a Borrower and for the other Borrowers ("Borrowers' Agent"), the financial institutions from time to time parties hereto as lenders, whether by execution of this Agreement or an Assignment and A...
Existing Financing Agreements. Each Borrower and Obligor hereby acknowledges, confirms and agrees that: (a) the Existing Financing Agreements have been duly executed and delivered by such Borrower and Obligor, as applicable, and are in full force and effect as of the date hereof and (b) the agreements and obligations of such Borrower and Obligor contained in the Existing Financing Agreements constitute the legal, valid and binding obligations of such Borrower and Obligor against it in accordance with their respective terms and such Borrower and Obligor has no valid defense to the enforcement of such obligations and (c) Agent and Lenders are entitled to all of the rights and remedies provided for in the Existing Financing Agreements.
