No Further Amendments; Ratification of Liability. Except as amended hereby, the Credit Agreement and each of the Related Documents shall remain in full force and effect in accordance with their respective terms. Each Borrower hereby ratifies and confirms its liabilities, obligations and agreements under the Credit Agreement and the Related Documents to which it is a party, all as amended by this Amendment, and the liens and security interests created thereby, and each acknowledges that (a) it has no defenses, claims or set-offs to the enforcement of such liabilities, obligations and agreements, (b) Lender has fully performed all obligations to Borrowers which it may have had or have on and as of the date hereof and (c) other than as specifically set forth herein, Lender does not waive, diminish or limit any term or condition contained in any of the Credit Agreement or the Related Documents. Lender's agreement to the terms of this Amendment or any other amendment of the Credit Agreement or Related Documents shall not be deemed to establish or create a custom or course of dealing among Lender and Borrowers. This Amendment and the documents executed and delivered pursuant to this Amendment contain the entire agreement among Lender and Borrowers with respect to the transactions contemplated by this Amendment.
Appears in 2 contracts
Samples: Secured Credit Agreement (Tro Learning Inc), Secured Credit Agreement (Tro Learning Inc)
No Further Amendments; Ratification of Liability. Except as amended hereby, the Credit Agreement and each of the Related Documents shall remain in full force and effect in accordance with their respective terms. Each Borrower hereby ratifies and confirms its liabilities, obligations and agreements under the Credit Agreement and the Related Documents to which it is a party, all as amended by this Amendment, and the liens and security interests created thereby, and each acknowledges that (a) it has no defenses, claims or set-offs to the enforcement of such liabilities, obligations and agreements, (b) Lender has fully performed all obligations to Borrowers which it may have had or have on and as of the date hereof and (c) other than as specifically set forth herein, Lender does not waive, diminish or limit any term or condition contained in any of the Credit Agreement or the Related Documents. Lender's agreement to the terms of this Amendment or any other amendment of the Credit Agreement or Related Documents shall not be deemed to establish or create a custom or course of dealing among Lender on the one hand, and Borrowersthe Borrowers on the other hand. This Amendment and the documents executed and delivered pursuant to this Amendment contain the entire agreement among Lender and Borrowers with respect to the transactions contemplated by this Amendment.
Appears in 2 contracts
Samples: Secured Credit Agreement (Diplomat Direct Marketing Corp), Secured Credit Agreement (Diplomat Direct Marketing Corp)
No Further Amendments; Ratification of Liability. Except as amended hereby, the Credit Agreement and each of the Related other Loan Documents shall remain in full force and effect in accordance with their its respective terms. Each Borrower Loan Party hereby ratifies and confirms its liabilities, obligations and agreements under the Credit Agreement and the Related Documents to which it is a partyother Loan Documents, all as amended by this Eighth Amendment, and the liens and security interests Liens created thereby, and each acknowledges that (ai) it has no defenses, claims or set-offs to the enforcement by the Lender of such liabilities, obligations and agreements, (bii) the Lender has fully performed all obligations to Borrowers the Loan Parties which it may have had had, or have has, on and as of the date hereof and (ciii) other than as specifically set forth herein, the Lender does not waive, diminish or limit any term or condition contained in any of the Credit Agreement or the Related other Loan Documents. Lender's The agreement of the Lender to the terms of this Eighth Amendment or any other amendment of the Credit Agreement or Related Documents shall not be deemed to establish or create a custom or course of dealing among the Lender and Borrowers. This Amendment and the documents executed and delivered pursuant to this Amendment contain the entire agreement among Lender and Borrowers with respect to the transactions contemplated by this AmendmentLoan Parties.
Appears in 2 contracts
Samples: Credit Agreement (Ata Holdings Corp), Credit Agreement
No Further Amendments; Ratification of Liability. Except as amended hereby, the Credit Agreement Note Purchase Agreements and each of the Related Documents Other Agreements shall remain in full force and effect in accordance with their respective terms. Each Borrower The Company hereby ratifies and confirms its liabilities, obligations and agreements under the Credit Agreement Note Purchase Agreements and the Related Documents to which it is a partyOther Agreements, all as amended by this Amendment, Amendment and the liens and security interests created thereby, and each acknowledges that (ai) it has no defenses, claims or set-offs to the enforcement by Purchasers of such liabilities, obligations and agreements, (bii) Lender has Purchasers have fully performed all obligations to Borrowers the Company which it any of them may have had or have has on and as of the date hereof and (ciii) other than as specifically set forth herein, Lender does Purchasers do not waive, diminish or limit any term or condition contained in any of the Credit Agreement Note Purchase Agreements or the Related DocumentsOther Agreements. Lender's The agreement of Purchasers to the terms of this Amendment or any other amendment of the Credit Agreement or Related Documents Note Purchase Agreements shall not be deemed to establish or create a custom or course of dealing among Lender and Borrowers. This Amendment between Purchasers and the documents executed and delivered pursuant to Company. The Note Purchase Agreements, as amended by this Amendment Amendment, contain the entire agreement among Lender between Purchasers and Borrowers the Company with respect to the transactions contemplated by this Amendmentthereby.
Appears in 1 contract
Samples: Note Purchase Agreement (Sos Staffing Services Inc)
No Further Amendments; Ratification of Liability. Except as amended ------------------------------------------------ hereby, the Revolving Credit Agreement and each of the Related Collateral Documents shall remain in full force and effect in accordance with their respective terms. Each The Borrower hereby ratifies and confirms its liabilities, obligations and agreements under the Revolving Credit Agreement and the Related Documents to which it is a partyCollateral Documents, all as amended by this Amendment, and the liens and security interests created thereby, and each acknowledges that (a) as of the date hereof, it has no defenses, claims or set-offs to the enforcement of such liabilities, obligations and agreements, (b) Lender the Bank has fully performed all obligations to Borrowers the Borrower which it the Bank may have had or have on and as of the date hereof and (c) other than as specifically set forth herein, Lender the Bank does not waive, diminish or limit any term or condition contained in any of the Revolving Credit Agreement or the Related Collateral Documents. LenderThe Bank's agreement to the terms of this Amendment or any other amendment of the Revolving Credit Agreement or Related Collateral Documents shall not be deemed to establish or create a custom or course of dealing among Lender between the Borrower and Borrowersthe Bank. This Amendment and the documents executed and delivered pursuant to this Amendment contain the entire agreement among Lender between the Bank and Borrowers the Borrower with respect to the transactions contemplated by this Amendment.
Appears in 1 contract
No Further Amendments; Ratification of Liability. Except as amended hereby, the Credit Agreement and each of the Related Documents shall remain in full force and effect in accordance with their respective terms. Each Parent and each Borrower hereby ratifies and confirms its liabilities, obligations and agreements under the Credit Agreement and the Related Documents to which it is a party, all as amended by this Amendment, and the liens and security interests created thereby, and each acknowledges that (a) it has no defenses, claims or set-offs to the enforcement of such liabilities, obligations and agreements, (b) Lender has fully performed all obligations to Borrowers and Parent which it may have had or have on and as of the date hereof and (c) other than as specifically set forth herein, Lender does not waive, diminish or limit any term or condition contained in any of the Credit Agreement or the Related Documents. Lender's agreement to the terms of this Amendment or any other amendment of the Credit Agreement or Related Documents shall not be deemed to establish or create a custom or course of dealing among Lender on the one hand, and BorrowersParent and Borrowers on the other hand. This Amendment and the documents executed and delivered pursuant to this Amendment contain the entire agreement among Lender Lender, Parent and Borrowers with respect to the transactions contemplated by this Amendment.
Appears in 1 contract
Samples: Secured Credit Agreement (Diplomat Direct Marketing Corp)
No Further Amendments; Ratification of Liability. Except as amended hereby, the Credit Existing Loan Agreement and each of the Related other Loan Documents shall remain in full force and effect in accordance with their respective terms. Each Borrower hereby ratifies and confirms its liabilities, obligations and agreements under the Credit Existing Loan Agreement and the Related Documents to which it is a partyother Loan Documents, all as amended by this First Amendment, and the liens Liens created thereby and security interests created therebythe guarantees made by Borrower, as applicable, and each acknowledges that (ai) it has no defenses, claims or set-offs to the enforcement by Lender of such liabilities, obligations and agreements, (bii) Lender has fully performed all obligations to Borrowers Borrower and its Subsidiaries which it Lender may have had or have has on and as of the date hereof and (ciii) other than as specifically set forth herein, Lender does not waive, diminish or limit any term term, condition or condition covenant contained in the Existing Loan Agreement or any of the Credit Agreement or the Related other Loan Documents. Lender's agreement to the terms of this First Amendment or any other amendment of the Credit Agreement or Related Documents shall not be deemed to establish or create a custom or course of dealing among Lender and Borrowers. This Amendment and the documents executed and delivered pursuant to this Amendment contain the entire agreement among Lender and Borrowers with respect to the transactions contemplated by this AmendmentLender, Borrower and/or any of its Subsidiaries.
Appears in 1 contract
Samples: Loan Agreement (Practiceworks Inc)
No Further Amendments; Ratification of Liability. Except as amended hereby, the Credit Agreement and each of the Related Loan Documents shall remain in full force and effect in accordance with their its respective terms. Each Borrower and each Guarantor hereby ratifies and confirms its liabilities, obligations and agreements under each of the Credit Agreement and the Related Documents to which it is a partyLoan Documents, all as applicable, each as amended by this AmendmentForbearance, and the liens and security interests created thereby, and each acknowledges that (ai) it has no defensesno, claims or set-offs to the enforcement by Lender of such liabilities, obligations and agreements, (bii) Lender has fully performed all obligations to Borrowers Borrower which it may have had or have has on and as of the date hereof and (ciii) other than as specifically set forth herein, Lender (A) expressly reserves and preserves all of its rights and remedies under the Loan Documents and (B) does not waive, diminish or limit any term or condition contained in any of the Credit Agreement or the Related Loan Documents. Lender's ’s agreement to the terms of this Amendment Forbearance or any other amendment of the Credit Agreement or Related Loan Documents shall not be deemed to establish or create a custom or course of dealing among between Lender and BorrowersBorrower or Lender and either Guarantor. This Amendment and the documents executed and delivered pursuant to The Loan Documents, as amended by this Amendment Forbearance, contain the entire agreement among Lender between Lender, Borrower and Borrowers each Guarantor with respect to the transactions contemplated by this Amendmenthereby.
Appears in 1 contract
Samples: Forbearance Agreement (Advanced Life Sciences Holdings, Inc.)