Common use of Limitation of Amendments Clause in Contracts

Limitation of Amendments. (a) The amendments set forth in Section 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Agent or any Lender under the Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement, as amended by this Amendment, and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 6 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

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Limitation of Amendments. (a) The amendments set forth in Section Article 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Amended Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Amended Credit Agreement, as amended by this Amendment, Agreement and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 5 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section Article 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Agent or any Lender under the Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement, as amended by this Amendment, and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section Article 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, to constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of the Borrower or any of its their respective Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Amended Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Amended Credit Agreement, as amended by this Amendment, Agreement and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section Article 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the Amended Fee Letter, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, the Amended Fee Letter, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, the Existing Fee Letter, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, the Existing Fee Letter any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, the Amended Fee Letter, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the Amended Fee Letter, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Amended Credit Agreement and the Amended Fee Letter, as applicable, and all terms, conditions, representations, warranties, covenants and agreements set forth in the Amended Credit Agreement, as amended by this Amendmentthe Amended Fee Letter, and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” the “Fee Letter,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement or the Existing Fee Letter, as applicable, shall mean and refer to the Amended Credit AgreementAgreement and the Amended Fee Letter, respectively.

Appears in 2 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) a. The amendments set forth in Section 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment Agreement does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Credit Loan Agreement, the other Credit Basic Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Administrative Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Credit Loan Agreement, any other Credit Basic Document or any other related document (all of which rights are hereby expressly reserved by the Agents Administrative Agent and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Credit Loan Agreement, any other Credit Basic Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Administrative Agent or any Lender under the Credit Loan Agreement, any other Credit Basic Document or any other related document or (iv) constitute any consent (deemed or express) by any Administrative Agent or any Lender to any prior, existing or future violations of the Credit Loan Agreement, any other Credit Basic Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Loan Agreement, any other Credit Basic Document or any other related document. (b) b. This Amendment Agreement shall be construed in connection with and as part of the Credit Agreement Loan Agreement, and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Loan Agreement, as amended by this AmendmentAgreement, and each other Credit Basic Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Loan Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of the Borrower or any of its their respective Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Existing Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the . [OppFunding SPE IX] Fourth Amendment to Revolving Credit Agreement, as amended by this Amendment, and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of the Borrower or any of its their respective Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Amended Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Amended Credit Agreement, as amended by this Amendment, Agreement and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) a. The amendments set forth in Section 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment Agreement does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Credit Loan Agreement, the other Credit Basic Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Administrative Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Credit Loan Agreement, any other Credit Basic Document or any other related document (all of which rights are hereby expressly reserved by the Agents Administrative Agent and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Credit Loan Agreement, any other Credit Basic Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Administrative Agent or any Lender under the Credit Loan Agreement, any other Credit Basic Document or any other related document or (iv) constitute any consent (deemed or express) by any Administrative Agent or any Lender to any prior, existing or future violations of the Credit Loan Agreement, any other Credit Basic Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Loan Agreement, any other Credit Basic Document or any other related document. (b) b. This Amendment Agreement shall be construed in connection with and as part of the Credit Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Loan Agreement, as amended by this AmendmentAgreement, and each other Credit Basic Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Senior Secured Multi Draw Term Loan Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section Article 2, above, are effective as of the Closing Date for the purposes set forth herein and shall be limited precisely as written. This The occurrence of a Tier 2 Collateral Performance Trigger due to the three-month rolling average Monthly Annualized Net Loss Rate (Loans) exceeding [***]% as of the March 11, 2024 Reporting Date, and any resulting breach, Event of Default or other consequence thereof, is hereby waived and deemed not to have occurred. Except as set forth in the preceding sentence, this Amendment does not, and shall not be construed to, to constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of the Borrower or any of its their respective Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof [OppFunding SPE IX] First Amendment to Revolving Credit Agreement #244826748 shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Amended Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Amended Credit Agreement, as amended by this Amendment, Agreement and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) a. The amendments set forth in Section 2, 2 above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment Agreement does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Credit Loan Agreement, the other Credit Basic Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Administrative Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Credit Loan Agreement, any other Credit Basic Document or any other related document (all of which rights are hereby expressly reserved by the Agents Administrative Agent and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Credit Loan Agreement, any other Credit Basic Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Administrative Agent or any Lender under the Credit Loan Agreement, any other Credit Basic Document or any other related document or (iv) constitute any consent (deemed or express) by any Administrative Agent or any Lender to any prior, existing or future violations of the Credit Loan Agreement, any other Credit Basic Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Loan Agreement, any other Credit Basic Document or any other related document. (b) b. This Amendment Agreement shall be construed in connection with and as part of the Credit Agreement Loan Agreement, and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Loan Agreement, as amended by this AmendmentAgreement, and each other Credit Basic Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Loan Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section Article 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower the Borrowers or any of its their respective Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Amended Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Amended Credit Agreement, as amended by this Amendment, Agreement and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (OppFi Inc.)

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Limitation of Amendments. (a) The amendments set forth in Section 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. 3.1 This Amendment does not, shall not constitute an amendment or waiver of or consent to any provision of the Finance Documents except as expressly stated herein and shall not be construed todeemed to (a) be a consent to any amendment, constitute a waiver or modification of any pastother term or condition of any Finance Document, present or future violation of the Credit Agreement, the other Credit Documents or (b) otherwise prejudice any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy which any Holder may now have or may have in the future under or in connection with any Finance Document. Except as expressly amended hereby, the Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision provisions of the Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Agent or any Lender under the Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Credit Subscription Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement, as amended by this Amendment, and each other Credit Document Finance Documents are hereby ratified and confirmed and shall remain in full force and effecteffect in accordance with their terms. This Amendment shall constitute a “Finance Document” for all purposes of the Subscription Agreement and the other Finance Documents. 3.2 Each Credit Party hereby expressly acknowledges the terms of this Amendment and reaffirms, except that as of the date hereof, (i) all conditions, terms, representation, warranties, covenants and agreements contained in each Finance Document to which it is a party, including, in each case, such covenants and agreements as in effect immediately after giving effect to this Amendment and (ii) its guarantee of the Obligations under each Guaranty, as applicable, and its grant of Liens on the Collateral to secure the Obligations pursuant to the Finance Documents. 3.3 Any terms or conditions in the Subscription Agreement not otherwise addressed herein shall apply to this Amendment in the same manner it applies to the Subscription Agreement, including without limitation, the “Applicable Law”, “Consent to Jurisdiction”, “Waiver of Jury Trial”, and “Confidentiality” sections of the Subscription Agreement. 3.4 Upon and after the date hereof all references effectiveness of this Amendment, each reference in the Subscription Agreement to “this Agreement”, “hereunder”, “hereof’’ or words of like import referring to the Subscription Agreement, and each reference in the other Credit Finance Documents to the “Credit Subscription Agreement,” “thereto,” ”, “thereof,” “thereunder” or words of like import referring to the Credit Agreement Subscription Agreement, shall mean and refer be a reference to the Amended Credit AgreementSubscription Agreement as modified and amended hereby.

Appears in 1 contract

Samples: Dwip Subscription Agreement (Radius Global Infrastructure, Inc.)

Limitation of Amendments. (a) The amendments set forth in Section 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of the Borrower or any of its their respective Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Existing Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Agreement, as amended by this Amendment, and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section Article 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Other than with respect to the Specified Trigger Event, this Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Amended Credit Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Amended Credit Agreement, as amended by this Amendment, Agreement and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) a. The amendments set forth in Section Article 2, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment Agreement does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Credit Loan Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Administrative Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Credit Loan Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents Administrative Agent and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Credit Loan Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Administrative Agent or any Lender under the Credit Loan Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Administrative Agent or any Lender to any prior, existing or future violations of the Credit Loan Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Loan Agreement, any other Credit Document or any other related document. (b) b. This Amendment Agreement shall be construed in connection with and as part of the Credit Loan Agreement and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Loan Agreement, as amended by this AmendmentAgreement, and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (OppFi Inc.)

Limitation of Amendments. (a) a. The amendments set forth in Section 2, above, Sections 2 and 3 are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment Agreement does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Credit Loan Agreement, the other Credit Basic Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Administrative Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Credit Loan Agreement, any other Credit Basic Document or any other related document (all of which rights are hereby expressly reserved by the Agents Administrative Agent and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Credit Loan Agreement, any other Credit Basic Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Administrative Agent or any Lender under the Credit Loan Agreement, any other Credit Basic Document or any other related document or (iv) constitute any consent (deemed or express) by any Administrative Agent or any Lender to any prior, existing or future violations of the Credit Loan Agreement, any other Credit Basic Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Loan Agreement, any other Credit Basic Document or any other related document. (b) b. This Amendment Agreement shall be construed in connection with and as part of the Credit Loan Agreement and the Security Agreement, as applicable, and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Loan Agreement and the Security Agreement, each as amended by this AmendmentAgreement, and each other Credit Basic Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.. [OppLoans] Twelfth Amendment #227176824

Appears in 1 contract

Samples: Loan Agreement (OppFi Inc.)

Limitation of Amendments. (a) a. The amendments set forth in Section 2, Sections 2 and 3 above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment Agreement does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Credit Loan Agreement, the other Credit Basic Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Administrative Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Credit Loan Agreement, any other Credit Basic Document or any other related document (all of which rights are hereby expressly reserved by the Agents Administrative Agent and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Credit Loan Agreement, any other Credit Basic Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Borrower or any of its Affiliates or any right, privilege or remedy of any Administrative Agent or any Lender under the Credit Loan Agreement, any other Credit Basic Document or any other related document or (iv) constitute any consent (deemed or express) by any Administrative Agent or any Lender to any prior, existing or future violations of the Credit Loan Agreement, any other Credit Basic Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Credit Loan Agreement, any other Credit Basic Document or any other related document. (b) b. This Amendment Agreement shall be construed in connection with and as part of the Credit Loan Agreement and the Security Agreement, as applicable, and all terms, conditions, representations, warranties, covenants and agreements set forth in the Credit Loan Agreement and the Security Agreement, each as amended by this AmendmentAgreement, and each other Credit Basic Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Credit Agreement shall mean and refer to the Amended Credit Agreement.

Appears in 1 contract

Samples: Loan Agreement (OppFi Inc.)

Limitation of Amendments. (a) The amendments set forth in Section 2Articles 2 through 5, above, are effective for the purposes set forth herein and shall be limited precisely as written. This Amendment does not, and shall not be construed to, constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the Amended Fee Letter, the Amended Limited Guaranty, the Amended Subordination Agreement, the other Credit Documents or any other related document, and shall not, directly or indirectly in any way whatsoever either: (i) impair, prejudice or otherwise adversely affect any Agent’s or any Lender’s right at any time to exercise any right, privilege or remedy in connection with the Amended Credit Agreement, the Amended Fee Letter, the Amended Limited Guaranty, the Amended Subordination Agreement, any other Credit Document or any other related document (all of which rights are hereby expressly reserved by the Agents and Lenders), (ii) except as specifically set forth herein, amend or alter any provision of the Existing Credit Agreement, the Existing Fee Letter, the Existing Limited Guaranty, the Existing Subordination Agreement, any other Credit Document or any other related document, (iii) constitute any course of dealing or other basis for altering any obligation of Existing Borrower or any of its Affiliates or any right, privilege or remedy of any Agent or any Lender under the Existing Credit Agreement, the Existing Fee Letter, the Existing Limited Guaranty, the Existing Subordination Agreement, any other Credit Document or any other related document or (iv) constitute any consent (deemed or express) by any Agent or any Lender to any prior, existing or future violations of the Amended Credit Agreement, the Amended Fee Letter, the Amended Limited Guaranty, the Amended Subordination Agreement, any other Credit Document or any other related document. There are no oral agreements among the parties hereto, and no prior or future discussions or representations regarding the subject matter hereof shall constitute a waiver of any past, present or future violation of the Amended Credit Agreement, the Amended Fee Letter, the Amended Limited Guaranty, the Amended Subordination Agreement, any other Credit Document or any other related document. (b) This Amendment shall be construed in connection with and as part of the Amended Credit Agreement Agreement, the Amended Fee Letter, the Amended Limited Guaranty, and the Amended Subordination Agreement, as applicable, and all terms, conditions, representations, warranties, covenants and agreements set forth in the Amended Credit Agreement, as amended by this Amendmentthe Amended Fee Letter, the Amended Limited Guaranty, the Amended Subordination Agreement, and each other Credit Document are hereby ratified and confirmed and shall remain in full force and effect, except that on and after the date hereof all references in the other Credit Documents to the “Credit Agreement,” the “Fee Letter,”, the “Limited Guaranty”, the “Subordination Agreement”, “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement Agreement, the Existing Fee Letter, the “Existing Limited Guaranty”, or the “Existing Subordination Agreement” as applicable, shall mean and refer to the Amended Credit Agreement, the Amended Fee Letter, the Amended Limited Guaranty, and the Amended Subordination Agreement respectively.

Appears in 1 contract

Samples: Revolving Credit Agreement (OppFi Inc.)

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