Common use of Incorporation of Recitals; Defined Terms Clause in Contracts

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

Appears in 16 contracts

Samples: Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc)

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Incorporation of Recitals; Defined Terms. The parties hereto acknowledge Borrower acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

Appears in 13 contracts

Samples: Credit Agreement (Azure Midstream Partners, Lp), Credit Agreement, Waiver Agreement (Azure Midstream Partners, Lp)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement Amendment by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit AgreementUPA.

Appears in 2 contracts

Samples: Second Amendment (CAESARS ENTERTAINMENT Corp), Unit Purchase Agreement (CAESARS ENTERTAINMENT Corp)

Incorporation of Recitals; Defined Terms. The parties hereto Borrowers acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

Appears in 2 contracts

Samples: Limited Duration Waiver Agreement (Pilgrims Pride Corp), Limited Duration Waiver Agreement (Pilgrims Pride Corp)

Incorporation of Recitals; Defined Terms. The parties hereto Seller Parties acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Receivables Purchase Agreement.

Appears in 2 contracts

Samples: Limited Duration Waiver Agreement (Pilgrims Pride Corp), Duration Waiver Agreement (Pilgrims Pride Corp)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. 2.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge Company acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

Appears in 2 contracts

Samples: Forbearance Agreement, Forbearance Agreement

Incorporation of Recitals; Defined Terms. The parties Holdings, the Borrower and each of the Lenders party hereto acknowledge acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Third Forbearance Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

Appears in 1 contract

Samples: Third Forbearance Agreement (Sbarro Inc)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.. ​

Appears in 1 contract

Samples: Credit Agreement (Agile Therapeutics Inc)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge Borrower acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same respective meanings herein as such terms have in the Credit Agreement.

Appears in 1 contract

Samples: Forbearance Agreement (Rotech Healthcare Inc)

Incorporation of Recitals; Defined Terms. The parties Holdings, the Borrower and each of the Lenders party hereto acknowledge acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Second Forbearance Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

Appears in 1 contract

Samples: Second Forbearance Agreement (Sbarro Inc)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge Borrower acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Forbearance Agreement or Credit Agreement, as applicable.

Appears in 1 contract

Samples: Forbearance Agreement (Lecg Corp)

Incorporation of Recitals; Defined Terms. The parties hereto Borrower and Shareholder acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

Appears in 1 contract

Samples: Forbearance Agreement (Champion Industries Inc)

Incorporation of Recitals; Defined Terms. The parties hereto Borrowers acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement Amendment by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Waiver Agreement.

Appears in 1 contract

Samples: Limited Duration Waiver Agreement (Pilgrims Pride Corp)

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Incorporation of Recitals; Defined Terms. The parties hereto acknowledge Borrower and the Lenders acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Forbearance Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.

Appears in 1 contract

Samples: Forbearance Agreement (Sbarro Inc)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge Borrower acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement Amendment by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Waiver Agreement.

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge Borrower acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit AgreementRFA.

Appears in 1 contract

Samples: Forbearance Agreement (Foresight Energy LP)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement Amendment by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Amended Credit AgreementAgreement (as defined below).

Appears in 1 contract

Samples: Credit Agreement (Performant Financial Corp)

Incorporation of Recitals; Defined Terms. The parties hereto Borrowers acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Fund Supplemental Agreement.

Appears in 1 contract

Samples: Supplemental Agreement (Pegasus Partners Iv Lp)

Incorporation of Recitals; Defined Terms. The parties hereto acknowledge Borrower acknowledges that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.. In addition, for purposes of this Agreement, the following terms shall have the respective meanings set forth below:

Appears in 1 contract

Samples: Forbearance Agreement (Eagle Picher Inc)

Incorporation of Recitals; Defined Terms. The parties hereto Seller Parties acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement Amendment by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Waiver Agreement.

Appears in 1 contract

Samples: Limited Duration Waiver Agreement (Pilgrims Pride Corp)

Incorporation of Recitals; Defined Terms. The parties hereto Parties acknowledge that the foregoing Recitals set forth above in this Agreement are true and correct correct, are contractual in all material respects. The defined terms in the Recitals set forth above nature, and are hereby incorporated by reference into and made part of this Agreement by referenceAgreement. All other capitalized Capitalized terms used herein without definition but not otherwise defined shall have the same meanings herein as such terms have ascribed to them in the Credit Purchase Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Maptelligent, Inc.)

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