Common use of No New Indebtedness Clause in Contracts

No New Indebtedness. (a) The Borrowers and YE hereby acknowledge and agree that the YE Note evidences the same indebtedness as the promissory notes evidencing the Purchased Loans (the “Original Notes”) and substitute for the Original Notes without any novation, cancellation, extinguishment, payment or satisfaction thereof, except as provided in this Agreement, including forgiveness of debt and change to the interest rate. The Original Notes have been superseded in their entirety by the YE Note. Nothing contained in this Agreement or in the YE Note shall: (i) be deemed to cancel, extinguish, or constitute payment or satisfaction of the indebtedness secured by the Guarantee and Collateral Agreement or other Loan Documents or evidenced by the Original Notes; (ii) give rise to any defense, set-off, right of recoupment, claim or counterclaim with respect to any of the Borrowers’ obligations under the Loan Documents or the Original Notes; (iii) constitute a new or additional indebtedness or constitute a novation as to Borrowers’ obligations under the Original Notes or the Loan Documents; (iv) constitute a re-advance of a loan; or (v) evidence any principal indebtedness other than the same principal indebtedness evidenced by the Original Notes and secured by the Guarantee and Collateral Agreement and the other Loan Documents. (b) The Borrowers hereby (i) ratify and confirm the lien and security interests contained in and created by the Guarantee and Collateral Agreement and the other Loan Documents, and (ii) agree that nothing contained in this Agreement is intended to or shall impair the liens or security interests contained in and created by the Guarantee and Collateral Agreement and the other Loan Documents, which continues to secure the Modified Purchased Loans.

No New Indebtedness. Exhibit 10.9 (a) The Borrowers Borrower and YE Lender hereby acknowledge and agree that all of the YE Note evidences Replacement Notes, taken together, evidence the same indebtedness as evidenced by the promissory notes evidencing the Purchased Loans (the “Original Notes”) Prior Notes and substitute for the Original Prior Notes without any novation, cancellation, extinguishment, payment or satisfaction thereof, except as provided in this Agreement, including forgiveness of debt and change to the interest rate. The Original Prior Notes have been superseded in their entirety by the YE NoteReplacement Notes. Nothing contained in this Agreement or in the YE Note Replacement Notes shall: (i) be deemed to cancel, extinguish, or constitute payment or satisfaction of the indebtedness secured by the Guarantee and Collateral Agreement Mortgage or other Loan Documents or evidenced by the Original Prior Notes; (ii) give rise to any defense, set-off, right of recoupment, claim or counterclaim with respect to any of the Borrowers’ Borrower’s obligations under the Loan Documents or the Original Prior Notes; (iii) constitute a new or additional indebtedness or constitute a novation as to Borrowers’ Borrower’s obligations under the Original Prior Notes or the Loan Documents; (iv) constitute a re-advance of a loan; or (v) evidence any principal indebtedness other than the same principal indebtedness evidenced by the Original Prior Notes and secured by the Guarantee and Collateral Agreement Mortgage and the other Loan Documents. (b) The Borrowers Borrower hereby (i) ratify ratifies and confirm confirms the lien and security interests contained in and created by the Guarantee and Collateral Agreement Mortgage and the other Loan Documents, and (ii) agree agrees that nothing contained in this Agreement is intended to or shall impair the liens or security interests contained in and created by the Guarantee and Collateral Agreement Mortgage and the other Loan Documents, which continues to secure the Modified Purchased LoansAggregate Debt.

No New Indebtedness. (a) The Borrowers Borrower and YE Lender hereby acknowledge and agree that all of the YE Note evidences Replacement Notes, taken together, evidence the same indebtedness as evidenced by the promissory notes evidencing the Purchased Loans (the “Original Notes”) Prior Notes and substitute for the Original Prior Notes without any novation, cancellation, extinguishment, payment or satisfaction thereof, except as provided in this Agreement, including forgiveness of debt and change to the interest rate. The Original Prior Notes have been superseded in their entirety by the YE NoteReplacement Notes. Nothing contained in this Agreement or in the YE Note Replacement Notes shall: (i) be deemed to cancel, extinguish, or constitute payment or satisfaction of the indebtedness secured by the Guarantee Mezzanine B Pledge and Collateral Security Agreement or other Loan Documents or evidenced by the Original Prior Notes; (ii) give rise to any defense, set-off, right of recoupment, claim or counterclaim with respect to any of the Borrowers’ Borrower’s obligations under the Loan Documents or the Original Prior Notes; (iii) constitute a new or additional indebtedness or constitute a novation as to Borrowers’ Borrower’s obligations under the Original Prior Notes or the Loan Documents; (iv) constitute a re-advance of a loan; or (v) evidence any principal indebtedness other than the same principal indebtedness evidenced by the Original Prior Notes and secured by the Guarantee Mezzanine B Pledge and Collateral Security Agreement and the other Loan Documents. (b) The Borrowers Borrower hereby (i) ratify ratifies and confirm confirms the lien and security interests contained in and created by the Guarantee Mezzanine B Pledge and Collateral Security Agreement and the other Loan Documents, and (ii) agree agrees that nothing contained in this Agreement is intended to or shall impair the liens or security interests contained in and created by the Guarantee Mezzanine B Pledge and Collateral Security Agreement and the other Loan Documents, which continues to secure the Modified Purchased LoansAggregate Debt.