Lender Acknowledgment. Each Lender that has signed this Amendment shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required hereunder to be consented to or approved by or acceptable or satisfactory to a Lender, unless the Administrative Agent shall have received notice from such Lender prior to the proposed Amendment No. 20 Effective Date specifying its objection thereto.
Lender Acknowledgment. Each of the undersigned Lenders hereby acknowledges that its Revolving Credit Commitment and Letter of Credit Commitment (if any), as applicable, shall be as set forth in Schedule I of the Restated Credit Agreement.
Lender Acknowledgment. Each of the undersigned Lenders hereby acknowledges that its Revolving Commitment, Additional Term Loan Commitment and Initial Term Loans, as applicable, shall be as set forth in Schedule 2.01 of the Restated Credit Agreement.
Lender Acknowledgment. Lender represents and warrants to New Partners and Existing Partners as of the date of this Agreement, that Lender has no actual direct knowledge that any of the acknowledgments, representations and warranties made by Borrower in paragraphs 7(a) and 7(b) above are not true and correct. However, Lender is not waiving and does not hereby waive any existing defaults if any in fact exist and nothing herein is intended to be nor shall it be construed to be a waiver of any existing defaults, material or immaterial, which may in fact exist. New Partners acknowledge and agree that the a breach of the acknowledgements, representations and warranties made by Borrower shall not in any way constitute a defense or give rise to any defense or right of offset, abatement, diminution or rescission as between Lender and New Partners. As used in this paragraph, “actual knowledge” means the actual state of mind of the person or persons directly responsible for the processing of the Borrower’s request for consent to the Interest Transfer and does not include any implied, constructive or imputed knowledge.
Lender Acknowledgment. On the Effective Date, the Lenders party hereto, in their capacity as "ABL Lenders" under (and as defined in) the Intercreditor Agreement and Xxxxx Fargo, in its capacity as "ABL Agent" under (and as defined in) the Intercreditor Agreement, acknowledge and consent to the Term Loan Indebtedness (to the extent a fully executed copy of the principal legal documents evidencing such Term Loan Indebtedness have been delivered to such Lenders and Agent) and each Loan Party's execution thereof.
Lender Acknowledgment. The Lender, by delivering its signature page to this Agreement, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document, agreement and instrument required to be approved by the Lender, as applicable, on the Closing Date, and its acknowledgement that each of the conditions set forth above has been satisfied to the Lender’s satisfaction.
Lender Acknowledgment. Each Lender acknowledges that it is subject to and bound by the Re-Allocation Agreement. The Re-allocation Agreement is an agreement solely amongst the Lenders (and their successors and assigns) and is not an agreement to which Aleris or any of its Subsidiaries is party. As more fully provided therein, the Re-allocation Agreement can only be amended by the parties thereto in accordance with the provisions thereof.
Lender Acknowledgment. Lender acknowledges that the Loan provided hereunder is a commercial loan, and the Note are not securities for the purposes of state or federal securities laws and do not benefit from the protections of the same.
Lender Acknowledgment. Xxxxxx acknowledges that the Loan provided hereunder is a commercial loan, and the Note are not securities for the purposes of state or federal securities laws and do not benefit from the protections of the same.
Lender Acknowledgment. Lender expressly acknowledges that --------------------- Guarantor is a party to a Collateral Security Agreement dated as of November 6, 2000 ("Collateral Security Agreement") with DDJ Capital Management, LLC, as agent ("Agent") for the holders ("Holders") from time to time of Borrower's outstanding Senior Discount Notes ("Discount Notes") referred to therein, pursuant to which Guarantor has granted to the Agent, as secured party for the benefit of the Holders of the Discount Notes, a first lien and security interest in certain "Collateral," as more fully described in the Collateral Security Agreement ("Collateral"). Lender agrees with Guarantor for the benefit of the Holders that nothing contained herein is intended to or shall conflict with, and upon an "Event of Default" under the Discount Notes the rights of Lender hereunder shall be subject and subordinate to, the rights and remedies of the Agent, as secured party, and the Holders of the Discount Notes under the Collateral Security Agreement, in the Collateral or any proceeds thereof.
