No Further Commitment. Without limiting the foregoing, each of the Borrowers expressly acknowledges that (i) the Bank has not made and is not making any commitment for, and that there is no understanding, explicit or implicit, relating to, or affecting, financing for any time beyond the end of the Forbearance Period, and (ii) the Bank has made no commitment with respect to, and there is no understanding, explicit or implicit, relating to or affecting the terms of any further restructure or workout of the Loans other than as expressly provided in this Agreement.
No Further Commitment. The Cash Equity Investors and the --------------------- Management Stockholders have arranged for the Company to obtain financing under this Agreement and will use all reasonable efforts to arrange for financing under the Credit Agreement. It is anticipated that the Company, in consultation and cooperation with the Cash Equity Investors, will have responsibility for arranging for all of the additional debt and equity financing required by the Company. Further, the Management Stockholders, in their capacity as officers and employees of the Company, shall be responsible for conducting the day-to-day operations of the Company, all under the control and supervision of the Company's Board of Directors. In connection with the execution and delivery of this Agreement, each of the Purchasers is agreeing to acquire Securities of the Company and each of the Purchasers and certain of their respective Affiliates are agreeing to enter into the Related Agreements to which each of them is a party. The parties acknowledge and agree that, except to the extent expressly set forth in this Agreement and such Related Agreements, neither AT&T PCS nor any of its Affiliates has any legal, contractual or other obligation to acquire debt or equity securities of the Company, provide or arrange for debt or equity financing required by the Company, provide services to or otherwise assist the Company in connection with the conduct of its business or in any other manner, refrain from exercising its rights under this Agreement and the Related Agreements (including, without limitation, the right to terminate the Network Membership License Agreement in accordance with its terms) or refrain from competing, directly or indirectly, with businesses conducted by the Company. Nothing herein shall be construed to relieve any Person of its express contractual obligations under this Agreement and the Related Agreements or from any common law obligation of good faith relating to its performance of such contractual obligations.
No Further Commitment. Nothing in this Agreement shall be construed to commit Lender to any further modification or amendments of the Note, the Mortgage or the other Loan Documents, nor as a waiver by Lender of any rights or remedies to which Lender may be entitled under the Loan Documents.
No Further Commitment. THE COMPANY EXPRESSLY ACKNOWLEDGES AND AGREES THAT NOTHING CONTAINED IN THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS SHALL IN ANY MANNER OR TO ANY EXTENT CONSTITUTE OR BE IMPLIED TO CONSTITUTE ANY AGREEMENT OF THE LENDER TO EXTEND THE MATURITY DATE OF ANY CREDIT FACILITY BEING PROVIDED TO THE COMPANY BY THE LENDER BEYOND THE DATE SET FORTH HEREIN, NOTWITHSTANDING THE COMPLIANCE OF THE COMPANY WITH ALL TERMS AND CONDITIONS SET FORTH HEREIN. THE COMPANY HEREBY REPRESENTS AND WARRANTS TO THE LENDER THAT IT IS TAKING SUCH ACTIONS AS ARE NECESSARY TO ASSURE THE AVAILABILITY TO THE COMPANY OF FINANCING FOR ITS OPERATIONS FROM AND AFTER SUCH DATES FROM SOURCES OTHER THAN THE LENDER.
No Further Commitment. Nothing in this Second Modification shall be construed to commit the Lenders to any further covenant or default waivers or to any additional increase of credit or other modification or amendment of the Loan Documents, nor as a waiver by the Lenders of any rights or remedies to which the Lenders may be entitled under any of the Loan Documents.
No Further Commitment. Nothing in this Agreement, including without limitation the provision of the License, implies that you have any rights in any commercially issued product, software, hardware, or otherwise, produced by Licensor, including without limitation a commercial variation or release of the Product. In the event that you and Licensor are able to reach an agreement on the terms and conditions of a license for the Product (or a version thereof) when it is made commercially available by Licensor, such license will be subject to the terms and conditions of that subsequent agreement.
No Further Commitment. Grantors hereby acknowledge and agree that this Agreement modifies the Note, the Deeds of Trust, Security Agreement and the Loan Documents only to the extent and on the terms set forth herein, and this Agreement is not, nor shall it be, construed as a commitment by Lender to modify the Note, the Deeds of Trust, or any of the Loan Documents securing the Note in any other respect. Borrower further agrees that it is precluded from claiming that any prior written or oral negotiations, discussions, comments, questions, or representations not specifically incorporated into this Agreement or the Loan Documents are binding upon Lender. Furthermore, none of the same shall in any manner whatsoever be deemed to modify or constitute a waiver of the rights and obligations of the parties as stated in the Loan Documents or this Agreement.
No Further Commitment. Xxxxxxx acknowledges that the receipt of this Xxxxx creates no commitment to or expectation of future support from Grantor for the Project or any future work of Grantee beyond the Funding Period.
No Further Commitment. The Shareholders may make additional expenditures of funds, inject additional capital into the Company, incur other liabilities to the Company or provide guarantees or other forms of financial support for the Company with the Requisite Shareholder Approval.
No Further Commitment. Without limiting the foregoing, each of Holdings, the Borrower and the Subsidiary Guarantor expressly acknowledges that, except as specifically set forth in this Agreement, neither Lender nor the Agent: (a) has made or is making any commitment for, and there is no understanding, explicit or implicit, relating to, or affecting, any modification or forgiveness of future or past interest (whether at the Default Rate or otherwise) and/or principal, or any other matter; (b) has made any commitment with respect to, and there is no understanding, explicit or implicit, relating to or affecting the terms of any further modification or restructure or workout which may be entered into with respect to the Loans; and (c) has made or is making any commitment for, and there is no understanding, explicit or implicit, relating to or affecting any amendment or waiver of any of Lender’s or Agent’s rights under the Loan Documents, all of which are expressly preserved.
