Common use of Existing Financing Agreements Clause in Contracts

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.

Appears in 5 contracts

Samples: Loan and Security Agreement (RTW Retailwinds, Inc.), Loan and Security Agreement (New York & Company, Inc.), Loan and Security Agreement (New York & Company, Inc.)

AutoNDA by SimpleDocs

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 Borrowers and Guarantor Guarantors and are in full force and effect as of the date hereof and (b) the agreements and obligations of such Borrower Borrowers and Guarantor Guarantors contained in the Existing Financing Agreements constitute the legal, valid and binding obligations of each Borrower and Guarantor, as the case may be, enforceable against such Borrower and Guarantor enforceable against each of them or Guarantor, in accordance with their respective terms and such no Borrower and Guarantor has no a valid defense to the enforcement of such obligations and (c) Agent, on behalf of Agent and Lenders and Bank Product Providers, is are entitled to all of the rights and remedies provided for in favor of Agent, Lenders and Bank Product Providers in or arising pursuant to the Existing Financing Agreements, as amended and restated by this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Farmer Brothers Co)

Existing Financing Agreements. Each Borrower and Guarantor hereby acknowledges, confirms and agrees thatthat as of the date hereof: (a) the Existing Loan Agreement and each of the other Existing Financing Agreements have been were duly executed and delivered by such each Borrower and Guarantor that is a party thereto and are in full force and effect as of the date hereof effect, and (b) the agreements and obligations of such each Borrower and Guarantor contained in which is a party to the Existing Loan Agreement or any other Existing Financing Agreements constitute the legal, valid and binding obligations of such Borrower and Guarantor enforceable against each of them it in accordance with their respective terms and such Borrower Borrowers and Guarantor has Guarantors have no valid defense to the enforcement of such obligations and (c) Agent, on behalf of Agent and Lenders and Bank Product Providers, is are entitled to all of the rights and remedies provided for in favor of Agent, Lenders the Existing Loan Agreement and Bank Product Providers in the Existing Financing Agreements, as amended and restated by this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (C&d Technologies Inc)

Existing Financing Agreements. Each Borrower Borrowers and Guarantor Guarantors each hereby acknowledgesacknowledge, confirms confirm and agrees agree that: (a) the Existing Financing Agreements have been duly executed and delivered by such Borrower Borrowers and Guarantor Guarantors party thereto and are in full force and effect as of the date hereof and hereof; (b) the agreements and obligations of such Borrower Borrowers and Guarantor Guarantors contained in the Existing Financing Agreements party thereto constitute the legal, valid and binding obligations of Borrowers or Guarantors, as the case may be, enforceable against such Borrower and or Guarantor enforceable against each of them in accordance with their respective its terms and such no Borrower and or Guarantor has no a valid defense to the enforcement of such obligations obligations; and (c) Agent, on behalf of Agent and Lenders and Bank Product Providers, is are entitled to all of the rights rights, remedies and remedies benefits provided for in favor of Agent, Lenders and Bank Product Providers in or arising pursuant to the Existing Financing Agreements, as amended and restated by this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Spirit Realty Capital, Inc.)

AutoNDA by SimpleDocs

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 each Borrower and Guarantor and are in full force and effect as of the date hereof and (b) the agreements and obligations of such each Borrower and Guarantor contained in the Existing Financing Agreements constitute the legal, valid and binding obligations of such each Borrower and Guarantor enforceable against each of them in accordance with their respective terms and such each Borrower and Guarantor has no valid defense to the enforcement of such obligations obligations, and (c) Agent, Agent on behalf of Lenders and Bank Product Providers, the other Secured Parties is entitled to all of the rights and remedies provided for in favor of Agent, Agent and Lenders and Bank Product Providers in the Existing Financing Agreements, as amended and restated by this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Pep Boys Manny Moe & Jack)

Existing Financing Agreements. Each Borrower and each Guarantor hereby acknowledges, confirms and agrees that: (a) the Existing Financing Agreements have been duly executed and delivered by such Borrower and each Guarantor and are in full force and effect as of the date hereof and (b) the agreements and obligations of such Borrower and each Guarantor contained in the Existing Financing Agreements constitute the legal, valid and binding obligations of such Borrower and each Guarantor enforceable against each of them in accordance with their respective terms and such Borrower and each Guarantor has have no valid defense to the enforcement of such obligations and (c) Agent, Agent on behalf of Lenders and Bank Product Providers, is entitled to all of the rights and remedies provided for in favor of Agent, Agent and Lenders and Bank Product Providers in the Existing Financing Agreements, as amended and restated by this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Hhgregg, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.