Common use of Final Agreement Clause in Contracts

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 21 contracts

Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)

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Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerObligors, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between themthem relating to the subject matter hereof. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, hereof except by a written agreement signed by for the Borrower and a duly authorized officer of each of the Agent and the requisite LendersFee Letters.

Appears in 11 contracts

Samples: Credit Agreement (Herc Holdings Inc), Amendment and Restatement Agreement (United Rentals North America Inc), Credit Agreement (Herc Holdings Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrower Parties, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Parties party thereto and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 6 contracts

Samples: Credit Agreement (Andrx Corp /De/), Support Agreement (Salton Inc), Credit Agreement (Salton Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 5 contracts

Samples: Loan and Security Agreement (Waxman Industries Inc), Loan and Security Agreement (Mercury Finance Co), Loan and Security Agreement (Eftc Corp/)

Final Agreement. This Agreement and the other Loan Documents are intended by the Fleetwood, each Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Fee Letter. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 4 contracts

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrower and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 4 contracts

Samples: Credit Agreement (New Athletics, Inc.), Credit Agreement (Meade Instruments Corp), Loan and Security Agreement (TFC Enterprises Inc)

Final Agreement. This Agreement and the other Loan Documents are is intended by the Borrower, the Agent Lender and the Lenders Guarantor to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document loan document shall be made, except by a written agreement signed by the Borrower Borrower, Guarantor and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 3 contracts

Samples: Loan and Security Agreement (CCC Globalcom Corp), Loan and Security Agreement (CCC Globalcom Corp), Loan and Security Agreement (CCC Globalcom Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrower and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 3 contracts

Samples: Credit Agreement (Divine Inc), Credit Agreement (Divine Inc), Credit Agreement (Open Market Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereofhereof or thereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 3 contracts

Samples: Term Loan Agreement (Advanced Micro Devices Inc), Term Loan Agreement (Spansion Inc.), Term Loan and Security Agreement (Advanced Micro Devices Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerObligors, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof (except for the Fee Letter). No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Obligors and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 3 contracts

Samples: Credit and Security Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for that certain “fee letter” dated as of May 8, 2003, between the Borrower and the Agent. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Subject to the provisions of Section 11.1, this Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for that certain letter agreement dated as of May 15, 2001 between the Parent and Agent described in Section 2.4. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite LendersLenders required for such action.

Appears in 2 contracts

Samples: Loan Agreement (Unova Inc), Loan Agreement (Unitrin Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrowereach Loan Party, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between among them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Loan Parties and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hills Stores Co /De/), Loan and Security Agreement (Hills Stores Co /De/)

Final Agreement. This Agreement and the other Loan Documents including the Fee Letter are intended by the BorrowerObligors, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Obligors and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 2 contracts

Samples: Loan and Security Agreement (South Texas Supply Company, Inc.), Loan and Security Agreement (McJunkin Red Man Holding Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerLoan Parties, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower applicable Loan Party and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 2 contracts

Samples: Loan, Guaranty and Security Agreement (Riddell Sports Inc), Loan, Guaranty and Security Agreement (Riddell Sports Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Fee Letter and the Commitment Letter, among the Borrowers and the Agent. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrower and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them, except as may be provided in the DIP Order. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any provision of any of the other Loan Document Documents shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 2 contracts

Samples: Debtor in Possession Loan and Security Agreement (PRB Energy, Inc.), Debtor in Possession Loan and Security Agreement (PRB Energy, Inc.)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerObligors, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, hereof except by a written agreement signed by for the Borrower and a duly authorized officer of each of the Agent and the requisite LendersFee Letter.

Appears in 2 contracts

Samples: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals Inc /De)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerLoan Parties, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Loan Parties and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 2 contracts

Samples: Loan and Security Agreement (Gt Bicycles Inc), Loan and Security Agreement (Parker Drilling Co /De/)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrower and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any provision of any of the other Loan Document Documents shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 2 contracts

Samples: Loan and Security Agreement (Galaxy Nutritional Foods Co), Loan and Security Agreement (Z Tel Technologies Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, hereof except by a written agreement signed by for the Borrower and a duly authorized officer of each of the Agent and the requisite LendersFee Letter.

Appears in 2 contracts

Samples: Credit Agreement (Ann Inc.), Credit Agreement (Anntaylor Stores Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by Parent, the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Fee Letter. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by Parent, the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Spansion Inc.), Credit Agreement (Advanced Micro Devices Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerObligors, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Fee Letter. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Obligors (or the Borrowers’ Agent on behalf of the Obligors), except as set forth in Section 11.1(a), and a duly authorized officer of each of the Agent and the requisite LendersLenders (or the Agent on their behalf).

Appears in 2 contracts

Samples: Credit Agreement (Caraustar Industries Inc), Credit Agreement (Caraustar Industries Inc)

Final Agreement. This Agreement and the other Loan Documents are ---------------- intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Envirosource Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent Agent, the Co-Collateral Agents and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements agreements, other than the Fee Letter, relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerCompany, the Administrative Agent and the Lenders Banks to be the final, complete, complete and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the fee letter dated September 9, 2002 among the Company and the Administrative Agent. No modification, rescission, waiver, release, release or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Company and a duly authorized officer of the Administrative Agent and each of the Agent and the requisite LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (U S Plastic Lumber Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for that certain letter dated as of January 16, 2004, between the Borrowers and the Agent. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Maxxam Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrower Parties, the Agent, the Co-Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Parties party thereto and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrowers and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.,

Appears in 1 contract

Samples: Loan and Security Agreement (Cerprobe Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrower and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between by and among them. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Lender and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Film Department Holdings, Inc.)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, each Guarantor the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrower, each Guarantor and a duly authorized officer of each of the Agent and the requisite Majority Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Fruit of the Loom LTD)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Fee Letter. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Taylor Ann Stores Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent Agents and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof, except for the Fee Letter. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Collateral Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Miller Industries Inc /Tn/)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrower Parties, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Parties party thereto and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Reimbursement and Senior Secured Credit Agreement (Salton Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes Agreement, the Fee Letter and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Enpro Industries Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements agreements, other than the Fee Letter and the Agent’s Fee Letter, relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrower and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any provision of any of the other Loan Document Documents shall be made, except by a written agreement signed by the Borrower Borrower, Guarantor and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 1 contract

Samples: Loan and Security Agreement (CCC Globalcom Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrowers and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Spacelabs Medical Inc)

Final Agreement. This Agreement Agreement, the Fee Letter and the other Loan Documents are intended by the Borrowereach Loan Party, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Loan Parties and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Manhattan Bagel Co Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrowereach Credit Party, the Administrative Agent and the Lenders to be the final, complete, and 128 exclusive expression of the agreement between among them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Credit Parties and a duly authorized officer of each of the Administrative Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Ames Department Stores Inc)

Final Agreement. This Agreement and the other Loan --------------- Documents are intended by the Borrower, the Agent Borrower and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between themthem with respect to matters covered hereby. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Data Return Corp)

Final Agreement. This Loan Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between themthem with respect to the subject matter hereof. This Loan Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Loan Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Harvey Entertainment Co)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent Agent, the Security Trustee and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent Agent, the Security Trustee and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

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Final Agreement. This Agreement and the other Loan Documents are -------------------- intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrowers and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers (except as set forth in Section 12.1(a)) and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Reeds Jewelers Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerObligated Parties, the Agent Agent, and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereofhereof and thereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Obligated Parties and a duly authorized officer of each of the Agent and the requisite Majority Lenders., the Required Lenders, or all of the Lenders, as applicable. AMENDED AND RESTATED CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Imperial Sugar Co /New/)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerObligated Parties, the Agent Agents, and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereofhereof and thereof (including, without limitation, the terms of the Original Loan and Security Agreement and the First Amended and Restated Loan and Security Agreement). No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lendersin accordance with Article 13.

Appears in 1 contract

Samples: Loan and Security Agreement (Ahern Rentals Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the each Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Phar Mor Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except as provided by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite LendersSection 13.2.

Appears in 1 contract

Samples: Loan and Security Agreement (Revlon Consumer Products Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Co-Agents and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent Co-Agents and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Good Guys Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Southern Energy Homes Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Fee Letter. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan 63 Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Acg Holdings Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerLoan Parties, the Agent Agent, and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereofhereof and thereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Loan Parties and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Pentacon Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements agreements, other than the Fee Letter, relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Credit Party party thereto and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Distribution Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Fee Letter and the Proposal Letter, among the Borrowers and the Agent. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Unifi Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Agent Fee Letter. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrower and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between themthem with respect to matters covered hereby. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Divine Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for that certain “fee letter” dated April 26, 2007 between the Borrower and the Agent. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Omnova Solutions Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerObligated Parties, the Agent Agents, and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereofhereof and thereof (including, without limitation, the terms of the Original Loan and Security Agreement). No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lendersin accordance with Section 13.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Ahern Rentals Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the each Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for that certain "fee letter" dated as of September 10, 2003, between LS&Co, Banc of America Securities LLC and the Agent. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the each Borrower and a duly authorized officer of each of the Agent and the requisite Majority Lenders.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for the Fee Letter. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Spherion Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for that certain “fee letter” dated as of October 31, 2005, between the Borrower and the Agent. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Leapfrog Enterprises Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerObligated Parties, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Subject to Section 13.20, this Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Final Agreement. This Agreement and the other Loan Documents are intended by the BorrowerBorrowers, the Administrative Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Administrative Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Unifrax Investment Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Subject to Section 13.20, this Agreement supersedes and the other Loan Documents supersede any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent and the requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrowers and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Meade Instruments Corp)

Final Agreement. This Agreement and the other Loan Documents are intended by the each Borrower, the Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereofhereof except for that certain “fee letter” dated as of May 18, 2006, between LS&Co and the Agent. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the each Borrower and a duly authorized officer of each of the Agent and the requisite Majority Lenders.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent Borrowers and the Lenders Lender to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes the Existing Credit Agreement and any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower Borrowers and a duly authorized officer of each of the Agent and the requisite LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Remedytemp Inc)

Final Agreement. This Agreement and the other Loan Documents are intended by the Borrower, the Agent, the Syndication Agent and the Lenders to be the final, complete, and exclusive expression of the agreement between them. This Agreement supersedes any and all prior oral or written agreements relating to the subject matter hereof. No modification, rescission, waiver, release, or amendment of any provision of this Agreement or any other Loan Document shall be made, except by a written agreement signed by the Borrower and a duly authorized officer of each of the Agent, the Syndication Agent and the requisite Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Timco Aviation Services Inc)

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