Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties hereto.
Appears in 10 contracts
Samples: Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construedAgreement. Except as expressly amended hereby, administered and applied in accordance with all of the terms representations, warranties, terms, covenants and provisions of conditions contained in the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction Agreement and waiver of jury trial included each other Loan Document shall remain unamended and otherwise unmodified and in Article 9 of the Credit Agreement, which provisions are hereby acknowledged full force and confirmed by each of the parties heretoeffect.
Appears in 7 contracts
Samples: Credit Agreement and Waiver (Pacific Ethanol, Inc.), Credit Agreement and Waiver (Pacific Ethanol, Inc.), Credit Agreement and Waiver (Pacific Ethanol, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction including Article XI thereof and waiver all rules of jury trial included interpretation set forth in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoI thereof.
Appears in 5 contracts
Samples: Consent, Forbearance and Amendment Agreement, Third Forbearance Agreement (Alliqua BioMedical, Inc.), Forbearance and Amendment Agreement (Alliqua BioMedical, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, includingas amended hereby, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoincluding Section 13 thereof.
Appears in 4 contracts
Samples: Sixth Waiver Agreement (Kadmon Holdings, Inc.), Fifth Waiver Agreement (Kadmon Holdings, Inc.), Fourth Waiver Agreement (Kadmon Holdings, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in including Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoXI thereof.
Appears in 4 contracts
Samples: Credit Agreement (GENTHERM Inc), Credit Agreement (GENTHERM Inc), Credit Agreement (GENTHERM Inc)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construedAgreement. Except as otherwise specified herein, administered and applied in accordance with all of the terms representations, warranties, terms, covenants and provisions of conditions contained in the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction Agreement and waiver of jury trial included each other Loan Document shall remain unamended or otherwise unmodified and in Article 9 of the Credit Agreement, which provisions are hereby acknowledged full force and confirmed by each of the parties heretoeffect.
Appears in 3 contracts
Samples: Credit Agreement (CatchMark Timber Trust, Inc.), Fourth Agreement Regarding Amendments (CatchMark Timber Trust, Inc.), Third Agreement Regarding Amendments (CatchMark Timber Trust, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construedAgreement. Except as otherwise specified herein, administered and applied in accordance with all of the terms representations, warranties, terms, covenants and provisions of conditions contained in the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction Security Documents and waiver of jury trial included each other Loan Document shall remain unamended or otherwise unmodified and in Article 9 of the Credit Agreement, which provisions are hereby acknowledged full force and confirmed by each of the parties heretoeffect.
Appears in 3 contracts
Samples: Credit Agreement (CatchMark Timber Trust, Inc.), Consent and Second Agreement Regarding Amendments (CatchMark Timber Trust, Inc.), Agreement Regarding Amendments (CatchMark Timber Trust, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, includingas amended hereby, without limitation, the provisions relating to forum selection, consent to jurisdiction including Article XI thereof and waiver all rules of jury trial included interpretation set forth in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoI thereof.
Appears in 3 contracts
Samples: Amendment Agreement, Amendment Agreement (Alliqua BioMedical, Inc.), Forbearance and Amendment Agreement (Alliqua BioMedical, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties hereto.. Confidential Treatment Requested by Uber Technologies, Inc. Pursuant to 17 C.F.R. Section 200.83
Appears in 2 contracts
Samples: Revolving Credit Agreement (Uber Technologies, Inc), Intercreditor Agreement (Uber Technologies, Inc)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Existing Credit Agreement and shall be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 Section 15 of the Existing Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties hereto.
Appears in 2 contracts
Samples: Credit Agreement (RMR Group Inc.), Credit Agreement (Tremont Mortgage Trust)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, subject to the provisions relating to forum selection, consent to jurisdiction waiver and waiver of jury trial included in Article 9 of the Credit forbearance created by this Agreement, which provisions are hereby acknowledged including Articles X and confirmed by each of the parties heretoXII thereof.
Appears in 2 contracts
Samples: Waiver and Forbearance Extension Agreement (Champion Enterprises Inc), Waiver and Forbearance Agreement (Champion Enterprises Inc)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construedAgreement. Except as expressly amended hereby, administered and applied in accordance with all of the terms representations, warranties, terms, covenants, and provisions of conditions contained in the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction Agreement and waiver of jury trial included each other Loan Document shall remain unamended and otherwise unmodified and in Article 9 of the Credit Agreement, which provisions are hereby acknowledged full force and confirmed by each of the parties heretoeffect.
Appears in 2 contracts
Samples: Credit Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement. Any breach of any representation, includingwarranty, without limitationcondition, the provisions relating covenant or agreement contained in this Agreement shall be deemed to forum selection, consent to jurisdiction and waiver be an Event of jury trial included in Article 9 Default for all purposes of the Credit Agreement, which provisions are hereby acknowledged Agreement and confirmed by each of the parties heretoother Loan Documents.
Appears in 1 contract
Samples: Stillwater Mining Co /De/
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties hereto.as amended hereby. ny-1711325
Appears in 1 contract
Samples: Credit Agreement (Athenex, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties hereto.
Appears in 1 contract
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, includingas amended hereby, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in including Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoX thereof.
Appears in 1 contract
Samples: Credit Agreement (Ferro Corp)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement. This Agreement shall be governed by and shall be construed, administered construed and applied enforced in accordance with all of the terms and provisions of the Credit Agreement. Except as otherwise specified herein, includingall of the representations, without limitationwarranties, the provisions relating to forum selectionterms, consent to jurisdiction covenants and waiver of jury trial included conditions contained in Article 9 of the Credit Agreement, which provisions are hereby acknowledged the Security Documents and confirmed by each of the parties heretoother Loan Document shall remain unamended or otherwise unmodified and in full force and effect.
Appears in 1 contract
Samples: Consent and Amendment Agreement (CatchMark Timber Trust, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties hereto.in
Appears in 1 contract
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall be construedAgreement. Except as otherwise specified herein, administered and applied in accordance with all of the terms representations, warranties, terms, covenants and provisions of conditions contained in the Credit Agreement, including, without limitation, Agreement and each other Loan Document shall remain unamended or otherwise unmodified and in full force and effect. Certain identified information has been omitted from this Exhibit 10.25 because it is both not material and is the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of type that the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoregistrant treats as private or confidential.
Appears in 1 contract
Samples: Sixth Agreement Regarding Consents and Amendments (CatchMark Timber Trust, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in including Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoX thereof.
Appears in 1 contract
Samples: Credit Agreement (GENTHERM Inc)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoas amended hereby.
Appears in 1 contract
Samples: Credit Agreement (Athenex, Inc.)
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Existing Credit Agreement and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, including, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties hereto.
Appears in 1 contract
Loan Document Pursuant to Credit Agreement. This Agreement is a Loan Document executed pursuant to the Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement, includingas amended hereby, without limitation, the provisions relating to forum selection, consent to jurisdiction and waiver of jury trial included in including Article 9 of the Credit Agreement, which provisions are hereby acknowledged and confirmed by each of the parties heretoIX thereof.
Appears in 1 contract
Samples: Increase Agreement (Stellus Capital Investment Corp)