Common use of Merger, Amendments; Etc Clause in Contracts

Merger, Amendments; Etc. THIS AGREEMENT, TOGETHER WITH THE OTHER CREDIT DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent and each of Grantors to which such amendment applies.

Appears in 3 contracts

Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Jill Intermediate LLC), Abl Credit Agreement (Jill Intermediate LLC)

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Merger, Amendments; Etc. THIS WRITTEN AGREEMENT, TOGETHER WITH THE OTHER CREDIT DOCUMENTSNOTEHOLDER DOCUMENTS (AS DEFINED IN THE INTERCREDITOR AGREEMENT), REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors the Pledgors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral AgentTrustee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent Trustee and each of Grantors the Pledgors to which such amendment applies.

Appears in 3 contracts

Samples: Pledge Agreement (Securus Technologies, Inc.), Pledge Agreement (Securus Technologies, Inc.), Pledge Agreement (Telequip Labs, Inc.)

Merger, Amendments; Etc. THIS WRITTEN AGREEMENT, TOGETHER WITH THE OTHER CREDIT FINANCING DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by Agent (acting upon instructions from the Collateral Agent Required Holders) and each of Grantors to which such amendment applies.

Appears in 2 contracts

Samples: Security Agreement (Relationserve Media Inc), Guarantor Security Agreement (Relationserve Media Inc)

Merger, Amendments; Etc. THIS AGREEMENT, TOGETHER WITH THE OTHER CREDIT TRANSACTION DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES SOLELY WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agenteach Secured Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent each Secured Party and each of Grantors Grantor to which such amendment applies.

Appears in 2 contracts

Samples: Security Agreement (Nacel Energy Corp), Security Agreement (Magnum dOr Resources Inc)

Merger, Amendments; Etc. THIS WRITTEN AGREEMENT, TOGETHER WITH THE OTHER CREDIT LOAN DOCUMENTS AND THE OTHER SENIOR NOTE DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE MATTERS ADDRESSED HEREIN AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of the Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent and each of the Grantors to which such amendment applies.

Appears in 2 contracts

Samples: Credit Agreement (Zayo Group LLC), Security Agreement (Zayo Group LLC)

Merger, Amendments; Etc. THIS AGREEMENT, TOGETHER WITH THE OTHER CREDIT TRANSACTION DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or Subject to the limitations in Section 17 of the Credit AgreementSecured Note, no amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by Agent (acting at the Collateral Agent direction of the Required Lender Group) and each of Grantors to which such amendment applies.

Appears in 1 contract

Samples: Security Agreement (Ascendia Brands, Inc.)

Merger, Amendments; Etc. THIS AGREEMENT, TOGETHER WITH THE OTHER CREDIT NOTES DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral AgentAgent subject to any required consent or approval pursuant to the Indenture and each Permitted Additional Pari Passu Obligations Agreement, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent and each of Grantors Grantor to which such amendment appliesapplies subject to any required consent or approval pursuant to the Indenture and each Permitted Additional Pari Passu Obligations Agreement.

Appears in 1 contract

Samples: Security Agreement (Jack Cooper Logistics, LLC)

Merger, Amendments; Etc. THIS AGREEMENT, TOGETHER WITH THE OTHER LOAN DOCUMENTS (AS DEFINED IN THE CREDIT DOCUMENTSAGREEMENT) AND THE TRANSACTION DOCUMENTS (AS DEFINED IN THE NOTE AGREEMENT), REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIESPARTIES IN RESPECT OF THE SUBJECT MATTER HEREOF. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent and each of Grantors Grantor to which such amendment applies.

Appears in 1 contract

Samples: Security Agreement (Copart Inc)

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Merger, Amendments; Etc. THIS WRITTEN AGREEMENT, TOGETHER WITH THE OTHER CREDIT LOAN DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent and each of Grantors to which such amendment applies.

Appears in 1 contract

Samples: Security Agreement (Orion Healthcorp Inc)

Merger, Amendments; Etc. THIS AGREEMENT, TOGETHER WITH THE OTHER CREDIT TRANSACTION DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES SOLELY WITH RESPECT TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agenteach Secured Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given, provided that any party may give a waiver in writing as to itself. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent each Secured Party and each of Grantors Grantor to which such amendment applies.

Appears in 1 contract

Samples: Security Agreement (Paradigm Holdings, Inc)

Merger, Amendments; Etc. THIS AGREEMENT, TOGETHER WITH THE INDENTURE, ANY ADDITIONAL PARI PASSU AGREEMENT, AND THE OTHER CREDIT SECURITY DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors Grantor herefrom, shall in any event be effective unless the same shall be made in accordance with the terms of the Indenture and each Additional Pari Passu Agreement, if any, and unless in writing and signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent and each of Grantors Grantor to which such amendment applies.

Appears in 1 contract

Samples: Security Agreement (Exide Technologies)

Merger, Amendments; Etc. THIS WRITTEN AGREEMENT, TOGETHER WITH THE OTHER CREDIT LOAN DOCUMENTS AND THE OTHER SENIOR NOTE DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE MATTERS ADDRESSED HEREIN AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent and each of Grantors to which such amendment applies.

Appears in 1 contract

Samples: Security Agreement (American Fiber Systems, Inc.)

Merger, Amendments; Etc. THIS AGREEMENT, TOGETHER WITH THE OTHER CREDIT PARITY LIEN DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors Assignor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Collateral AgentTrustee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Except as expressly set forth herein or in the Credit Agreement, no No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Collateral Agent Trustee and each of Grantors Assignor to which such amendment applies.

Appears in 1 contract

Samples: Parity Lien Security Agreement (Nathans Famous Inc)

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