Common use of GUARANTOR’S ACKNOWLEDGMENT Clause in Contracts

GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Agreement effected by this Amendment, each Guarantor hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended or modified by this Amendment. Although Agent and the Lenders have informed the Guarantors of the matters set forth above, and each Guarantor has acknowledged the same, each Guarantor understands and agrees that neither Agent nor any Lender has any duty under the Credit Agreement, the Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.

Appears in 5 contracts

Samples: Revolving Credit and Security Agreement (AutoWeb, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.)

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GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Agreement effected by this Amendment, each Guarantor of the Loan Parties signatory hereto that is (or concurrently herewith, is becoming) a Guarantor, hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended or modified by this Amendment. Although Agent and the Lenders have informed the Guarantors of the matters set forth abovein this Amendment, and each Guarantor has acknowledged the Guarantors are hereby acknowledging the same, each Guarantor understands and agrees that neither Agent nor any Lender has any duty under the Credit Agreement, the any Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.

Appears in 5 contracts

Samples: Revolving Credit and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.), Contribution and Asset Purchase Agreement (Twist Beauty S.a r.l. & Partners S.C.A.), Loan and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)

GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Loan Agreement effected by this Amendment, each Guarantor hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Loan Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended or modified by this Amendment. Although Agent and the Lenders have Lxxxxx has informed the Guarantors of the matters set forth above, and each Guarantor has acknowledged the same, each Guarantor understands and agrees that neither Agent nor any Lender Lxxxxx has any no duty under the Credit Loan Agreement, the any Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.

Appears in 3 contracts

Samples: Loan and Security Agreement (FreightCar America, Inc.), Forbearance Agreement (iMedia Brands, Inc.), Loan and Security Agreement (iMedia Brands, Inc.)

GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Loan Agreement effected by this Amendment, each Guarantor hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Loan Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended or modified by this Amendment. Although Agent and the Lenders have Xxxxxx has informed the Guarantors of the matters set forth above, and each Guarantor has acknowledged the same, each Guarantor understands and agrees that neither Agent nor any Lender Xxxxxx has any no duty under the Credit Loan Agreement, the any Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.

Appears in 3 contracts

Samples: Forbearance Agreement (iMedia Brands, Inc.), Loan and Security Agreement (iMedia Brands, Inc.), Loan and Security Agreement (FreightCar America, Inc.)

GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Loan Agreement effected by this Amendment, each Guarantor hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Loan Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended or modified by this Amendment. Although Agent and the Lenders have Lender has informed the Guarantors of the matters set forth above, and each Guarantor has acknowledged the same, each Guarantor understands and agrees that neither Agent nor any Lender has any no duty under the Credit Loan Agreement, the any Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.

Appears in 2 contracts

Samples: Loan and Security Agreement (FreightCar America, Inc.), Loan and Security Agreement (iMedia Brands, Inc.)

GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Agreement effected by this Amendment, each Guarantor hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Agreement, “thereunder”, ,” “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended or modified by this Amendment. Although Agent and the Lenders have informed the Guarantors of the matters set forth above, and each Guarantor has acknowledged the same, each Guarantor understands and agrees that neither Agent nor any Lender has any duty under the Credit Agreement, the Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Emerge Energy Services LP), Credit and Security Agreement

GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Agreement effected by this Amendment, each Loan Party signatory hereto that is a Guarantor hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit such Financing Agreement as amended or modified by this Amendment. Although the Agent and the Lenders have informed the Guarantors of the matters set forth above, and each Guarantor has acknowledged the same, each Guarantor understands and agrees that neither Agent nor any Lender has any duty under the Credit Agreement, the Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.

Appears in 2 contracts

Samples: Credit, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)

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GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Loan Agreement effected by this AmendmentAmendment and after giving effect to the joinder of New Borrower provided for above, each Guarantor hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Loan Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended or modified by this Amendment. Although Agent and the Lenders have Xxxxxx has informed the Guarantors of the matters set forth above, and each Guarantor has acknowledged the same, each Guarantor understands and agrees that neither Agent nor any Lender Xxxxxx has any no duty under the Credit Loan Agreement, the any Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.. ​ ​

Appears in 1 contract

Samples: Loan and Security Agreement (iMedia Brands, Inc.)

GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Loan Agreement effected by this Amendment, each Guarantor hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Loan Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended or modified by this Amendment. Although Agent and the Lenders have Xxxxxx has informed the Guarantors of the matters set forth above, and each Guarantor has acknowledged the same, each Guarantor understands and agrees that neither Agent nor any Lender Xxxxxx has any no duty under the Credit Loan Agreement, the any Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.. ​ ​

Appears in 1 contract

Samples: Loan and Security Agreement (iMedia Brands, Inc.)

GUARANTOR’S ACKNOWLEDGMENT. With respect to the amendments to the Credit Agreement effected by this Amendment, each Guarantor of the Loan Parties signatory hereto that is a Guarantor, hereby acknowledges and agrees to this Amendment and confirms and agrees that its Guaranty (as modified and supplemented in connection with this Amendment) is and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that, upon the effectiveness of, and on and after the date of this Amendment, each reference in such Guaranty to the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended or modified by this Amendment. Although Agent and the Lenders have informed the Guarantors of the matters set forth abovein this Amendment, and each Guarantor has acknowledged the Guarantors are hereby acknowledging the same, each Guarantor understands and agrees that neither Agent nor any Lender has any duty under the Credit Agreement, the any Guaranty or any other agreement with any Guarantor to so notify any Guarantor or to seek such an acknowledgement, and nothing contained herein is intended to or shall create such a duty as to any transaction hereafter.

Appears in 1 contract

Samples: Loan and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)

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