Further Agreements and Representations. The Borrower and the Guarantors do hereby (i) ratify, confirm, and acknowledge that the Loan Agreement, as amended and modified by this Sixth Amendment, the Revolving Credit Loan Note, as amended and modified up through this Sixth Amendment, and all other Loan Documents, in each case as amended and modified up through this Sixth Amendment, continue to be valid, binding and in full force and effect, (ii) acknowledge and agree that, as of the date hereof, the Borrower has no defense, set-off, counterclaim, or challenge against the payment of any sums due and owing to the Lender or the enforcement of any of the terms of the Loan Agreement and/or any of the other Loan Documents, (iii) acknowledge and agree that all representations and warranties of the Borrower and the Guarantors contained in the Loan Agreement and the other Loan Documents are true, accurate, and correct as of the date hereof as if made on and as of the date hereof, except to the extent any such representation or warranty is by its terms limited to a certain date or dates in which case it remains true, accurate, and correct as of such date or dates and that none of the corporate documents of the Borrower or the Guarantors have been materially amended, modified, or supplemented since February 12, 2007 (or, in the case of Cinch Connectors and Bel Worksop, since January 29, 2010 and December 7, 2010, respectively), and (iv) represent and warrant that the Borrower and the Guarantors have taken all necessary action required by law and by their respective corporate governing documents to execute and deliver this Sixth Amendment and that such execution and delivery constitutes the legal and validly binding action of such entities.
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Further Agreements and Representations. The Borrower and the Guarantors do hereby hereby: (i) ratify, confirm, confirm and acknowledge that the Loan Agreementthat, as amended and modified by this Sixth Amendment, the Revolving Credit Loan NoteAgreement, as amended and modified up through this Sixth Amendmentthe Notes, the Guaranty, the Security Agreement, and all other Loan Documents, in each case as amended and modified up through this Sixth Amendment, Documents continue to be valid, binding and in full force and effect, ; (ii) acknowledge and agree that, as of the date hereof, none of the Borrower or any of the Guarantors has no any defense, set-off, counterclaim, counterclaim or challenge against the payment of any sums due and owing to the Administrative Agent or any Lender or the enforcement of any of the terms of the Loan Agreement Credit Agreement, the Guaranty, the Security Agreement, and/or any of the other Loan Documents, ; (iii) acknowledge and agree that all representations and warranties of the Borrower and the Guarantors contained in the Loan Agreement Credit Agreement, the Guaranty, the Security Agreement, and the other Loan Documents are true, accurate, accurate and correct in all material respects as of the date hereof as if made on and as of the date hereof, except to the extent any such representation or warranty is by its terms limited specifically relates to a certain an earlier date or dates in which case it such representation or warranty remains true, accurate, accurate and correct in all material respects on and as of such date or dates dates, and that none of the corporate governing documents of the Borrower or the Guarantors have been materially amended, modified, or supplemented in any manner prohibited by the Loan Documents since February 12, 2007 (or, in the case date of Cinch Connectors the execution and Bel Worksop, since January 29, 2010 and December 7, 2010, respectively), delivery of the Credit Agreement; and (iv) represent and warrant that the Borrower and the Guarantors have taken all necessary action required by law and by their respective corporate governing documents to execute and deliver this Sixth Amendment and that such execution and delivery constitutes the legal and validly binding action of such entities.
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Samples: Amendment and Modification Agreement (Maidenform Brands, Inc.)
Further Agreements and Representations. The Borrower and the Guarantors do hereby (i) ratify, confirm, and acknowledge that the Loan Agreement, as amended and modified by this Sixth AmendmentFifth Amendment and the Guaranty Supplement No. 2, the Revolving Credit Loan Note, as amended and modified up through this Sixth AmendmentFifth Amendment and the First Allonge, and all other Loan Documents, in each case as amended and modified up through this Sixth Fifth Amendment, continue to be valid, binding and in full force and effect, (ii) acknowledge and agree that, as of the date hereof, the Borrower has no defense, set-off, counterclaim, or challenge against the payment of any sums due and owing to the Lender or the enforcement of any of the terms of the Loan Agreement and/or any of the other Loan Documents, (iii) acknowledge and agree that all representations and warranties of the Borrower and the Guarantors contained in the Loan Agreement and the other Loan Documents are true, accurate, and correct as of the date hereof as if made on and as of the date hereof, except to the extent any such representation or warranty is by its terms limited to a certain date or dates in which case it remains true, accurate, and correct as of such date or dates and that none of the corporate documents of the Borrower or the Guarantors have been materially amended, modified, or supplemented since February 12, 2007 (or, in the case of Cinch Connectors and Bel Worksop, since January 29, 2010 and December 7, 2010, respectively), and (iv) represent and warrant that the Borrower and the Guarantors have taken all necessary action required by law and by their respective corporate governing documents to execute and deliver this Sixth Fifth Amendment and that such execution and delivery constitutes the legal and validly binding action of such entities.
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Further Agreements and Representations. The Borrower and the Guarantors do hereby hereby: (i) ratify, confirm, confirm and acknowledge that the Loan Agreement, as amended and modified by this Sixth Amendment, the Revolving Credit Loan Notethat, as amended and modified up through and including this Sixth Third US_ACTIVE-119613345.4-CJMAURER Amendment, the Credit Agreement, the Guaranties, and all of the other Loan Documents, in each case as amended and modified up through this Sixth Amendment, Documents continue to be valid, binding and in full force and effect, ; (ii) acknowledge and agree that, as of the date hereof, none of the Borrower or any of the Guarantors has no any defense, set-off, counterclaim, counterclaim or challenge against the payment of any sums due and owing to the Administrative Agent or any Lender or the enforcement of any of the terms of the Loan Agreement Credit Agreement, the Guaranties and/or any of the other Loan Documents, ; (iii) acknowledge and agree that all representations and warranties of the Borrower and the Guarantors contained in the Loan Agreement Credit Agreement, the Guaranties, and the other Loan Documents are true, accurate, accurate and correct as of the date hereof as if made on and as of the date hereof, except to the extent any such representation or warranty is by its terms limited to a certain date or dates in which case it remains true, accurate, accurate and correct as of such date or dates dates, and that that, none of the corporate governing documents of the Borrower or the Guarantors have been materially amended, modified, modified or supplemented since February 12, 2007 (or, in the case date of Cinch Connectors the execution and Bel Worksop, since January 29, 2010 and December 7, 2010, respectively), delivery of the Original Credit Agreement; and (iv) represent and warrant that the Borrower and the Guarantors have taken all necessary action required by law and by their respective corporate governing documents to execute and deliver this Sixth Third Amendment and that such execution and delivery constitutes the legal and validly binding action of such entities.
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Samples: Amendment and Modification Agreement (Mistras Group, Inc.)
Further Agreements and Representations. The Borrower and the Guarantors do hereby (i) ratify, confirm, and acknowledge that the Loan Agreement, as amended and modified by this Sixth Fourth Amendment, the Revolving Credit Loan Note, as amended and modified up through this Sixth Amendment, and all other Loan Documents, in each case as amended and modified up through by this Sixth Fourth Amendment, continue to be valid, binding and in full force and effect, (ii) acknowledge and agree that, as of the date hereof, the Borrower has no defense, set-off, counterclaim, or challenge against the payment of any sums due and owing to the Lender or the enforcement of any of the terms of the Loan Agreement and/or any of the other Loan Documents, (iii) acknowledge and agree that all representations and warranties of the Borrower and the Guarantors contained in the Loan Agreement and the other Loan Documents are true, accurate, and correct as of the date hereof as if made on and as of the date hereof, except to the extent any such representation or warranty is by its terms limited to a certain date or dates in which case it remains true, accurate, and correct as of such date or dates and that none of the corporate documents of the Borrower or the Guarantors have been materially amended, modified, or supplemented since February 12, 2007 (or, in the case date of Cinch Connectors the execution and Bel Worksop, since January 29, 2010 and December 7, 2010, respectively)delivery of the Loan Agreement, and (iv) represent and warrant that the Borrower and the Guarantors have taken all necessary action required by law and by their respective corporate governing documents to execute and deliver this Sixth Fourth Amendment and that such execution and delivery constitutes the legal and validly binding action of such entities.
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