From and after the Effective Date. (a) the Assignee shall be a party to the Credit Agreement and, to the extent provided in this Assignment and Acceptance, have the rights and obligations of a Lender thereunder and shall be bound by the provisions thereof, and (b) the Assignor shall, to the extent provided in this Assignment and Acceptance, relinquish its rights and be released from its obligations under the Credit Agreement.
From and after the Effective Date except for remedies that cannot be waived as a matter of law and except for injunctive relief, the rights to indemnification under this Article 6.00 shall be the exclusive remedy for the parties with respect to this Agreement contemplated and consummated hereby, and the parties shall not be entitled to pursue, and each hereby expressly waives as of the Effective Date, any and all other rights that may otherwise be available to either of them either at law or in equity with respect thereto. This paragraph 6.05 does not limit the remedies available to any party under any other agreement or instrument executed in connection with this Agreement. Notwithstanding the foregoing, nothing contained in this paragraph 6.05 shall prevent any party hereto from seeking and obtaining, as and to the extent permitted by applicable law, specific performance by the other party hereto of any of its obligations under this Agreement or injunctive relief against the other party's activities in breach of this Agreement.
From and after the Effective Date the Agent shall make all payments under the Loan Agreement and the other Loan Documents in respect of the interest assigned hereby (including, without limitation, all payments of principal, interest and commitment fees with respect thereto) to the Assignee. The Assignor and Assignee shall make all appropriate adjustments in payments and fundings under the Loan Agreement and the other Loan Documents for periods prior to the Effective Date directly between themselves.
From and after the Effective Date except as otherwise provided herein, this Agreement shall supersede any other agreement between the parties with respect to the subject matter hereof in effect immediately prior to the execution of this Agreement. Section 13.
From and after the Effective Date the Borrower shall make all payments in respect of the interest assigned hereby to the Assignee. The Assignor and Assignee shall make all appropriate adjustments in payments for periods prior to such acceptance by the Borrower directly between themselves. 69
From and after the Effective Date the New Lender shall be a party to the Credit Agreement and, to the extent provided in this New Lender Supplement, have the rights and obligations of a Lender thereunder and shall be bound by the provisions thereof.
From and after the Effective Date the Grantor shall not allow or permit its Lands to be encumbered by any Charges, whether registered or unregistered against title, that cannot be
From and after the Effective Date. (a) The Surviving Corporaton will take all steps necessary to qualify its common stock for deposit through Depository Trust Company (“DTC”). Yuengling’s will use the proceeds of the Convertible Promissory Note in the principal amount of $15,000.00 dated January 9, 2018 issued to Freelife Investments Inc. (“Freelife Note”) for the sole purpose of covering the costs and expenses to be incurred by the Surviving Corporation in obtaining DTC eligibility. The Surviving Corporation shall submit the application for eligibility to DTC upon written demand of Freelife Investments Inc. On the Effective Date, the Surviving Corporation shall assume liability for repayment of the Note.
From and after the Effective Date. (a) The definition of "The Percentage" as set forth in Section 40.3. of the Lease shall be deemed to be 2.658%.
From and after the Effective Date. Designee shall become a party to the Credit Agreement, as a Designated Bid Lender, with (a) the right to make Bid Loans described above in Section 1, and (b) the other rights, and the obligations, provided herein and therein (including, without limitation, all the rights of a Designated Bid Lender pursuant to Section 11.12.3(e) of the Credit Agreement), subject to the limitation, however, that, notwithstanding the assumption by a Designee of the obligations of a Designated Bid Lender, Designee shall not be required to make payments with respect to any of its obligations under the Credit Agreement or any other Loan Document, except to the extent of excess cash flow of Designee (i.e., cash that is not otherwise required to repay obligations of Designee that are then due and payable). Without limiting the generality of the foregoing, Designee agrees that, with effect from the Effective Date, it shall be bound by, and subject to, the jurisdictional provisions of the Credit Agreement and the other Loan Documents. Borrower, Administrative Agent and each of the Lenders and other Designated Bid Lenders may rely on and are beneficiaries of the provisions of this Section and of the preceding Sections of this Designation Agreement.
