Guarantors Reaffirmation. Each of the Guarantors acknowledges that it has read this Amendment and consents to this Amendment and agrees that its Guaranty of the Guaranteed Obligations (as defined in such Guaranty) continues in full force and effect, is valid and enforceable and is not impaired or otherwise affected by the execution of this Amendment or any other document or instrument delivered in connection with this Amendment. * * * * * Delivered at Chicago, Illinois, as of the day and year first above written. XXXXX NURSERY, INC., as a Borrower By: /s/ Xxxxxxx X. Xxxxx --------------------------- Name: Xxxxxxx X. Xxxxx Title: President TIP TOP NURSERIES, INC., as a Borrower By: /s/ Xxxxxxx X. Xxxxx --------------------------- Name: Xxxxxxx X. Xxxxx Title: President NURSERYLAND GARDEN CENTERS, INC., as a Borrower By: /s/ Xxxxxxx X. Xxxxx --------------------------- Name: Xxxxxxx X. Xxxxx Title: President SUNBELT NURSERY GROUP, INC., as a Guarantor By: /s/ Xxxxxxx X. Xxxxx --------------------------- Name: Xxxxxxx X. Xxxxx Title: President SUNBELT NURSERY HOLDINGS, INC., as a Guarantor By: /s/ XXXXXXX X. XXXXX ---------------------------- Name: XXXXXXX X.XXXXX Title: PRESIDENT SUNBELT MANAGEMENT SERVICES, INC., as a Guarantor By: /s/ XXXXXXX X. XXXXX ------------------------------- Name: XXXXXXX X. XXXXX Title: PRESIDENT AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO By: /s/ XXXXXX X. XXXXXXXX ------------------------------- Name: XXXXXX X. XXXXXXXX Title: SENIOR VICE PRESIDENT Xxxxxxx X. Xxxxx, guarantor under the Guaranty dated as of October 14, 1994 (the "Xxxxx Guaranty") made in favor of the Lender, acknowledges that he has -------------- read this Amendment referenced herein and consents to this Amendment and agrees that his guarantee of the Guaranteed Obligations (as defined in the Xxxxx Guaranty) continues in full force and effect, is valid and enforceable and is not impaired or otherwise affected by the execution of this Amendment or any other document or instrument delivered in connection with this Amendment. /s/ Xxxxxxx X. Xxxxx ---------------------------------- Xxxxxxx X. Xxxxx
Guarantors Reaffirmation. The undersigned Guarantors hereby ratify, confirm, reaffirm and covenant that the Guaranty which they have executed is validly existing and binding against them under the terms of such Guaranty. Guarantors hereby reaffirm and restate, as of the date hereof, all covenants, representations and warranties set forth in the Guaranty.
Guarantors Reaffirmation. Each Guarantor hereby acknowledges that it has reviewed the terms and provisions of this Amendment and consents to any modification of the Credit Agreement effected pursuant to this Amendment. Each Guarantor hereby confirms to the the Agents and the Lenders that, after giving effect to the foregoing Amendment, its Guaranty and each other Credit Document to which such Guarantor is a party continues in full force and effect and is the legal, valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms except as enforceability may be limited by applicable bankruptcy, insolvency, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability. Each Guarantor acknowledges and agrees that (i) notwithstanding the conditions to effectiveness set forth in this Amendment, such Guarantor is not required by the terms of the Credit Agreement or any other Credit Document to consent to the waivers or modifications to the Credit Agreement effected pursuant to this Amendment and (ii) nothing in the Credit Agreement, this Amendment or any other Credit Document shall be deemed to require the consent of such Guarantor to any future waivers or modifications to the Credit Agreement.
Guarantors Reaffirmation. Guarantor hereby acknowledges and consents to the foregoing amendments to the Agreement and all of the other Loan Documents. Guarantor hereby ratifies, confirms, reaffirms and covenants that the Guaranty which it has executed is validly existing and binding against it under the terms of such Guaranty and guarantees the repayment of all the obligations described therein. Guarantor hereby reaffirms and restates, as of the date hereof, all covenants, representations and warranties set forth in the Guaranty.
Guarantors Reaffirmation. Each of the Guarantors acknowledges ------------------------ that it has read this Amendment and consents to this Amendment and agrees that its Guaranty of the Guaranteed Obligations (as defined in such Guaranty) continues in full force and effect, is valid and enforceable and is not impaired or otherwise affected by the execution of this Amendment or any other document or instrument delivered in connection with this Amendment. * * * * *
Guarantors Reaffirmation. By its acknowledgement below, the Guarantor hereby (i) consents to the terms of this Amendment, (ii) acknowledges and reaffirms all of its obligations and undertakings under the Facility Guaranty and (iii) acknowledges and agrees that the Facility Guaranty is and shall remain in full force and effect in accordance with the terms thereof.
Guarantors Reaffirmation. The undersigned has executed a Commercial Guaranty dated April 10, 2019 in favor of PACIFIC WESTERN BANK ("Lender") respecting the obligations of OFS CAPITAL CORPORATION ("Borrower"), owing to Lender (each a “Guaranty”). The undersigned acknowledges the terms of the above Amendment and reaffirms and agrees that: its Guaranty remains in full force and effect; nothing in such Guaranty obligates Lender to notify the undersigned of any changes in the financial accommodations made available to Borrower or to seek reaffirmations of such Guaranty; and no requirement to so notify the undersigned or to seek reaffirmations in the future shall be implied by the execution of this reaffirmation; references to the "Loan Agreement" in such Guaranty include amendments and restatements from time to time to and of such agreement, including the amendments being made concurrently herewith. Dated as of June 26, 2020 OFSCC-MB, INC, a Delaware corporation, as Guarantor By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, CFO
Guarantors Reaffirmation. Each Guarantor hereby (a) acknowledges and consents to the execution, delivery, and performance by Borrower of this Second Amendment; (b) warrants and covenants to Lender that, except to the extent previously disclosed to Lender or BLH in writing, all representations and warranties previously made by Guarantor to Lender are true, complete, and accurate as of the date of this Second Amendment; and (c) reaffirms and agrees that the Guaranty to which such Guarantor is party and all other documents and agreements executed and delivered by either such Guarantor or Borrower to Lender in connection with any indebtedness of Borrower or Guarantor to Lender, including, without limitation, the Loan Agreement, Note, Profit Sharing Agreement, any other Loan Document, and any other document securing the Loan, are all in full force and effect, without defense, offset, or counterclaim, or alternatively, that any such right of defense, offset or counterclaim is hereby expressly waived.
Guarantors Reaffirmation. By executing this letter agreement, each Guarantor hereby acknowledges the waivers by the Agent and the Banks specified in Section 1 above and, notwithstanding such waivers, hereby reaffirms as of the Effective Date each of the covenants and agreements made by it in its respective Guaranty and agrees that each of such covenants and agreements will remain unmodified and in full force and effect from and after the Effective Date.
Guarantors Reaffirmation. Guarantor executes this Amendment to re-affirm its liability for the obligations of the Borrower under the Loan Agreement as modified by this Amendment. Entered into as of the day and year first above written. WITNESSES: “BORROWER” DEER VALLEY HOMEBUILDERS, INC., an Alabama corporation By: /s/ Xxxx Xxxxx Signature of Witness Xxxx Xxxxx, as its President Print or type name of Witness (CORPORATE SEAL) Signature of Witness Print or type name of Witness “GUARANTOR” DEER VALLEY CORPORATION, a Florida corporation By: /s/ Xxxx Xxxxxx Xxxxxx Signature of Witness Xxxx Xxxxxx Xxxxxx, as its Chief Financial Officer and Secretary Print or type name of Witness (CORPORATE SEAL) Signature of Witness Print or type name of Witness “BANK” FIFTH THIRD BANK, an Ohio banking corporation By: /s/ Xxxxxxx X. Xxxxxxxx Signature of Witness Xxxxxxx X. Xxxxxxxx, as its Vice President Print or type name of Witness (CORPORATE SEAL) Signature of Witness Print or type name of Witness STATE OF ALABAMA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2010, by Xxxx Xxxxx, as President of DEER VALLEY HOMEBUILDERS, INC., an Alabama corporation, on behalf of the corporation. Personally known Florida Driver’s License Notary Public Other Identification Produced Print or type name of Notary (SEAL) STATE OF ALABAMA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2010, by Xxxx Xxxxxx Xxxxxx, as Chief Financial Officer and Secretary of DEER VALLEY CORPORATION, a Florida corporation, on behalf of the corporation. Personally known Florida Driver’s License Notary Public Other Identification Produced Print or type name of Notary (SEAL) STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of , 2010, by Xxxxxxx X. Xxxxxxxx, as Vice President of FIFTH THIRD BANK, an Ohio banking corporation, on behalf of the Bank. Personally known Florida Driver’s License Notary Public Other Identification Produced Print or type name of Notary
