IN WRITING TO MODIFY IT. This Agreement is executed as of the date stated at the beginning of this Agreement.
IN WRITING TO MODIFY IT. Each Borrower acknowledges that there are no other agreements between Lender and any Borrower, oral or written, concerning the subject matter of the Loan Documents, and that all prior agreements concerning the same subject matter, including any proposal or commitment letter, are merged into the Loan Documents and thereby extinguished.
IN WRITING TO MODIFY IT. This Note shall be governed by the laws of the State of Missouri.
IN WRITING TO MODIFY IT. The Obligors acknowledge that there are no other agreements between Administrative Agent, Lenders, Company and the Loan Parties, oral or written, concerning the subject matter of the Loan Documents, and that all prior agreements concerning the same subject matter, including any proposal or commitment letter, are merged into the Loan Documents and thereby extinguished.
IN WRITING TO MODIFY IT. This Agreement embodies the entire agreement and understanding between the Borrowers and First Bank and supersedes all prior agreements and understandings (oral or written) relating to the subject matter hereof.
IN WRITING TO MODIFY IT. This Note embodies the entire agreement and understanding between Borrower and Lender and supersedes all prior agreements and understandings (oral or written) relating to the subject matter hereof.
IN WRITING TO MODIFY IT. Notwithstanding anything herein to the contrary: (a) you may rely on any facsimile copy, electronic data transmission or electronic data storage of this Guaranty, any agreement between you and Dealer, any Statement of Transaction, billing statement, invoice from a vendor, financial statements or other report, and (b) such facsimile copy, electronic data transmission or electronic data storage will be deemed an original, and the best evidence thereof for all purposes, including, without limitation, under this Guaranty or any other agreement between you and us, and for all evidentiary purposes before any arbitrator, court or other adjudicatory authority. We may terminate this Guaranty by a written notice to you, the termination to be effective sixty (60) days after you receive and acknowledge it, but the termination will not terminate our obligations hereunder for Liabilities arising prior to the effective termination date. We have read and understood all terms and provisions of this Guaranty. We acknowledge receipt of a true copy of this Guaranty and of all agreements between you and Dealer. The meanings of all terms herein are equally applicable to both the singular and plural forms of such terms.
IN WRITING TO MODIFY IT. This Amendment, the Agreement and the other Loan Documents may not be changed, nor may any term, condition or Event of Default be waived, modified or discharged orally but only by an agreement in writing, signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.
IN WRITING TO MODIFY IT. This Agreement embodies the entire agreement and understanding between the parties hereto and supersedes all prior agreements and understandings (oral or written) relating to the subject matter hereof, including the Existing Loan Agreement.
IN WRITING TO MODIFY IT. Notwithstanding anything herein to the contrary: (a) you may rely on any facsimile copy, electronic data transmission or electronic data storage of this Guaranty, any agreement between you and Snapper, any Statement of Transaction, billing statement, invoice from a vendor, financial statements or other report, and (b) such facsimile copy, electronic data transmission or electronic data storage will be deemed an original, and the best evidence thereof for all purposes, including, without limitation, under this Guaranty or any other agreement between you and us, and for all evidentiary purposes before any arbitrator, court or other adjudicatory authority. We have read and understood all terms and provisions of this Guaranty. We acknowledge receipt of a true copy of this Guaranty and of all agreements between you and Snapper. The meanings of all terms herein are equally applicable to both the singular and plural forms of such terms. In addition to our failure to fulfill our obligations to you under this Guaranty, we shall be in default of our obligations to you under this Guaranty if, pursuant to that certain Credit Agreement dated as of November 1, 1995 ("Credit Agreement"), by and between Metromedia International Group, Inc. and Chemical Bank, there occurs an Event of Default (as defined in said Credit Agreement). We represent and warrant to you that we have not entered into any financial covenants with Chemical Bank pursuant to the Credit Agreement. Notwithstanding anything to the contrary contained in this Guaranty, if you shall obtain any judgment against us on account of any of the Liabilities, you agree not to levy or execute such judgment upon any of our assets prior to the earliest of (i) 120 days after the date on which you first make demand for possession of Snapper's Collateral (as defined in the Finance and Security Agreement dated as of October 23, 1992, as amended, modified or restated from time to time (the "Finance Agreement"), (ii) 120 days after the date on which you have received possession of all or substantially all of the Collateral following the occurrence of an Event of Default under the Finance Agreement, (iii) the date on which you have, with respect to all or substantially all of the Collateral, either completed the sale thereof or, with respect to the real property or other Collateral in which you have a security interest, in the exercise of reasonable business judgment you deem uncollectible without undue cost or expense, abandon...
