Limited Nature of Amendment. The parties hereto acknowledge and agree that the terms and provisions of this Amendment amend, add to and constitute a part of the Credit Agreement. Except as expressly waived or modified and amended by the terms of this Amendment, all of the other terms and conditions of the Credit Agreement and all documents executed in connection therewith or referred to or incorporated therein remain in full force and effect and are hereby ratified, reaffirmed, confirmed and approved.
Limited Nature of Amendment. Except as expressly amended hereby, the Agreement remains in full force and effect in accordance with its terms and this Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, representations, warranties, covenants or agreements contained in the Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
Limited Nature of Amendment. Except as expressly amended hereby, the Merger Agreement remains in full force and effect in accordance with its terms and this Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, representations, warranties, covenants or agreements contained in the Merger Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
Limited Nature of Amendment. Except as expressly amended hereby, the Agreement remains in full force and effect in accordance with its terms and this Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, representations, warranties, covenants or agreements contained in the Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect. In addition, as to Xxxxx Xxxx, this document supersedes the agreement entitled “Cash/Stock Election (Xxxx Xxxx)” dated as of June 10, 2008 and, upon execution of this Agreement by Xxxx Xxxx, his election made under that agreement to receive cash at $5.00 per share for each of his Shares will no longer be effective.
Limited Nature of Amendment. The amendment set forth herein is limited precisely as written and shall not be deemed to prejudice any right or rights which the Agent or the Lenders may now have or may have in the future under or in connection with the Loan Agreement or any of the other Loan Documents. Except as expressly amended hereby, the terms and provisions of the Loan Agreement and all other Loan Documents remain in full force and effect.
Limited Nature of Amendment. The provisions of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents. Without limiting the generality of the foregoing, the amendments set forth in Section 1 and Section 2 above shall be limited precisely as set forth above, and nothing herein shall be deemed (i) to constitute a waiver of compliance by the Borrower, any Guarantor or any Restricted Subsidiary with respect to any other provision or condition of any other Loan Document, or (ii) to prejudice any right or remedy that the Administrative Agent, the Mexican Collateral Agent or any Lender may now have or may have in the future under or in connection with any of the Loan Documents.
Limited Nature of Amendment. This Amendment is specifically limited to the matters expressly addressed herein. This Amendment does not constitute a waiver, amendment, or forbearance of, or with respect to, any other or additional event, circumstance, default or event of default that may now exist or that may hereafter occur under, or in connection with, the Notes or the Security Agreement. Except as specifically set forth herein, all of the terms and conditions of the Notes and the Security Agreement remain unchanged and in full force and effect. 513022.000004 DALLAS 2463944.1 White Star LLC By: Name: Title: SRZ Trading LLC By: Name: Title: XXXXXXX TRADING L.P By: Name: Title: Xxxxx Xxxxx
Limited Nature of Amendment. Except as expressly amended hereby, the Escrow Agreement remains in full force and effect in accordance with its terms and this Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Escrow Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
Limited Nature of Amendment. This First Amendment shall not be deemed to (a) be a consent or agreement to, or waiver or modification of, any term or condition of the Credit Agreement, any other Loan Document or any of the documents referred to therein, except as expressly set forth herein, (b) impair or prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, any other Loan Document or any of the documents referred to therein, or (c) constitute any course of dealing or other basis for altering any obligation of the Borrowers or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument.
Limited Nature of Amendment. The consents of the FRBNY expressly set forth in this Amendment Agreement shall be limited as precisely written and shall not constitute or be deemed to constitute (i) a consent to a departure from any other term or provision of or under the Loan Documents; (ii) a waiver of any Default or of the rights or remedies of the FRBNY under the Loan Documents or under applicable law (except as specifically set forth in this Amendment Agreement); or (iii) an agreement on the part of the FRBNY to modify, alter, amend, waive or revise any term, condition or provision of the Loan Documents (except as specifically set forth in this Amendment Agreement).
