Common use of No Novation Clause in Contracts

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto hereby (a) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 2 contracts

Sources: Credit Agreement (Acutus Medical, Inc.), Credit Agreement (Acutus Medical, Inc.)

No Novation. This Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Loan Agreement and does not extinguish each other Loan Document (as such term is defined in the obligations for Prior Loan Agreement), shall be and hereby are amended, restated and superseded in their entirety by the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding underunder the Prior Loan Agreement, and as defined in, the Existing Credit Agreement or any instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents other Loan Documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities (as a “Borrower” or “Guarantor” thereundersuch term is defined in the Prior Loan Agreement), executed in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to the Bank a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or any guarantor from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 2 contracts

Sources: Loan and Security Agreement (Mattersight Corp), Loan and Security Agreement (Mattersight Corp)

No Novation. This Agreement constitutes an amendment and restatement of does not extinguish, discharge or release the Existing Credit Agreement and does not extinguish the obligations for the payment of money Obligations outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined inFinancing Agreement, the Collateral Agent’s Liens securing the Existing Credit Agreement Obligations or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the sameObligations, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Borrower or any other Loan Party under the Existing Credit Financing Agreement or any of and the other Loan Documents entered into in connection therewith (such documents, collectively, the “Existing Loan Documents”) from any of its obligations and liabilities as a “Borrower,” a “Guarantor” or a GuarantorLoan Party” thereunder. Each Loan Party party hereto hereby (ai) confirms and agrees that each Existing Loan Document to which it is a party is, and shall continue to bebe (including to the extent any such document is amended and restated in connection herewith on the Restatement Effective Date), in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Existing Loan Document to (i) “the Credit Financing Agreement,” ”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Financing Agreement shall mean the Existing Credit Financing Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Existing Loan Document purports to assign or pledge to the Administrative Agent Collateral Agent, for the benefit of the Secured Parties, or to grant to the Collateral Agent, for the benefit of the Secured Parties, a security interest in or Lien on, on any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsObligations, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects and shall continue to secure the Obligations.

Appears in 2 contracts

Sources: Financing Agreement (Tpi Composites, Inc), Financing Agreement (Tpi Composites, Inc)

No Novation. This Notwithstanding anything to the contrary contained herein, this Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does shall not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement Collateral Document or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement or in any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents Parties under any Loan Document from any of its obligations and liabilities as a “Borrower, Guarantor or “Guarantor” thereunderpledgor under any of the Loan Documents. Each party hereto hereby (a) confirms The Collateral and agrees that each the other Loan Document to which it is a party is, and Documents shall continue to besecure, in full force guarantee, support and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after otherwise benefit the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Loan Parties under this Agreement and the other Loan Documents, such pledge, assignment and/or grant . Upon the occurrence of the security interest Effective Date, each Loan Document that was in effect immediately prior to the date of this Agreement shall continue to be effective and, unless the context otherwise requires, any reference to the “Credit Agreement” contained therein shall be deemed to refer to this Agreement. Notwithstanding the foregoing, the Loan Parties shall execute any amendments, supplements, modifications or Lien is hereby ratified restatements of any Collateral Documents and confirmed any new Collateral Documents, in all respects.each case as reasonably requested by the Agents. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed as of the date first above written. CL Media Holdings LLC, as Borrower By: Name: Title: Bright Mountain Media, Inc., as Guarantor Name: Title: as Guarantor Name: Title: as Guarantor Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Administrative Agent and Collateral Agent By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Lender By: Name: Title: Schedule 1 Guarantors Commitments LENDER COMMITMENT PRO RATA SHARE Schedule 5.02 Schedule 5.03 Schedule 5.07(b) Schedule 5.08

Appears in 2 contracts

Sources: Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding (including the Obligations of any predecessor corporations) under, and as defined in, in the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement agreement, or any other security therefor. Nothing Except as modified hereby, nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, in the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing Except as modified hereby, nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto The Borrower, on behalf of itself and each other Loan Party, hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement Agreement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) the the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower or the Guarantors from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 2 contracts

Sources: Credit Agreement (XOOM Corp), Credit Agreement (XOOM Corp)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto hereby (a) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended The parties hereto acknowledge and restated by agree that (i) this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledgewhether executed and delivered in connection herewith or otherwise, assignment and/or grant do not constitute a novation of the security interest Obligations under the Existing Loan Agreement or Lien is hereby ratified the other Loan Documents as in effect prior to the Closing Date, (ii) the Obligations under the Existing Loan Agreement and confirmed such other Loan Documents are in all respectsrespects continuing, in each case as amended and restated hereby and which are in all respects hereinafter subject to the terms herein, and for avoidance of doubt, all Letters of Credit issued pursuant to the Existing Loan Agreement shall be deemed to be issued hereunder, and (iii) the Liens and security interests as granted under the applicable Loan Documents securing payment of such Obligations are in all respects continuing and in full force and effect pursuant to the terms therein and are reaffirmed hereby. The Loan Party Obligors are each absolutely and unconditionally indebted under the Existing Loan Agreement and the other Loan Documents (in each case as amended and restated by this Agreement) and that all Obligations (as defined therein) constitute Obligations hereunder pursuant to the terms herein, and none of them have any offsets, defenses, or counterclaims under the Existing Loan Agreement or the other Loan Documents immediately prior to the Closing Date, and, to the extent that any such offsets, defenses or counterclaims exist or may have existed immediately prior to the Closing Date, the Loan Party Obligors each hereby WAIVES and RELEASES the same. (ii) The parties hereto acknowledge and agree that this Agreement is an amendment and restatement limited as written and, except as expressly provided herein or in any other Loan Document, is not a consent to any other amendment, restatement or waiver or other modification, whether or not similar and, except as expressly provided herein or in any other Loan Document, all terms and conditions of the Loan Documents remain in full force and effect unless otherwise specifically amended hereby or by any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Janel Corp), Loan and Security Agreement (Janel Corp)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Revolving Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Revolving Credit Agreement or the Lien creation, perfection or priority of any mortgage, pledge, security agreement or any other security therefortherefor except as expressly provided herein. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Revolving Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewithherewith or after the execution of the Existing Revolving Credit Agreement and prior to the Effective Date. All interest and fees and expenses, if any, owing or accruing under or in respect of the Existing Revolving Credit Agreement through the Effective Date shall be calculated as of the Effective Date (prorated in the case of any fractional periods), and shall be paid in accordance with the method, and on the dates, specified in the Existing Revolving Credit Agreement, as if the Existing Revolving Credit Agreement were still in effect. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Revolving Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “the Revolving Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Revolving Credit Agreement shall mean the Existing Revolving Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, on any collateral as security for the obligations of the Borrower Borrowers or the Guarantors from time to time existing in respect of the Existing Revolving Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects except as otherwise expressly provided herein.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Alon USA Energy, Inc.), Revolving Credit Agreement (Alon USA Energy, Inc.)

No Novation. This The parties hereto hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Prior Credit Agreement Documents shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrowers outstanding under, and as defined in, under the Existing Prior Credit Agreement Documents or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement Borrowers, or any of the other Loan Documents Guarantor from any of its obligations and or liabilities as a “Borrower” under the Prior Credit Agreement Documents or “Guarantor” thereunderany of the security agreements, pledge agreements, mortgages, other Loan Documents, environmental indemnities, or guaranties executed in connection therewith. Each party hereto Borrowers hereby (ai) confirms confirm and agrees agree that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the "the Credit Agreement,” “", "Advance Formula Agreement", "Addendum", "Master Revolving Notes", "thereto,” “", "thereof,” “", "thereunder" or words of like import referring to the Existing Prior Credit Agreement Documents shall mean the Existing Prior Credit Agreement Documents as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Credit Agreement Documents or any such other Loan Document executed in connection therewith purports to collaterally assign or pledge to the Administrative Agent Agent, or to grant to Agent, a security interest in or Lien lien on, any collateral as security for the obligations of the Borrower Indebtedness from time to time existing in respect of the Existing Prior Credit Agreement and the other Loan Documents, such pledge, collateral assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects as a collateral assignment, pledge or grant to Agent for the ratable benefit of Lenders, and shall remain effective as of the first date it became effective.

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (Owens Realty Mortgage, Inc.)

No Novation. This Borrower, Administrative Agent and Lenders hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Borrower, or any Loan Party guarantor from any of its obligations or liabilities under the Existing Credit Agreement or any of the notes, security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderloan documents executed in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” ”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Agreement shall [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. mean the Existing Credit Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Existing Credit Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Agent, for the benefit of Lenders, or to grant to Administrative Agent, for the benefit of the Lenders a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.

Appears in 2 contracts

Sources: Credit Agreement (Solarcity Corp), Credit Agreement (Solarcity Corp)

No Novation. This Amended and Restated Financing Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Financing Agreement shall be construed as a release or other discharge of the Borrowers or any Loan Party Guarantor under the Existing Credit Agreement or any of (including the other Loan Documents Security Agreements, the Pledge Agreements and the Guaranties) from any of its obligations and liabilities as a “Borrower” or a “Guarantor” thereunder. Each party hereto The Borrowers and each Guarantor hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date of this Financing Agreement all references in any such Loan Document to (i) “the Credit Agreement,” ”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement Financing Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent for the benefit of the Lenders, or to grant to the Collateral Agent for the benefit of the Lenders a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or the Guarantors from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Financing Agreement (Gordon Biersch Brewery Restaurant Group, Inc.)

No Novation. This Borrower, the Lenders and Agent hereby agree that this Agreement constitutes an amendment amends and restatement restates the Existing Credit Agreement in its entirety (and therefore, this Agreement shall not constitute or effectuate a novation thereof) and all Loans, Letters of Credit and other Obligations of the Loan Parties outstanding under the Existing Credit Agreement as of the Closing Date shall be deemed to be Loans, Letters of Credit and Obligations outstanding under this Agreement (and the Borrower and each Guarantor hereby assume all such Obligations) without further action by any Person except as otherwise expressly modified by this Agreement and the other Loan Documents. The rights and duties of Ares and AIH (as predecessors in interest to the Borrower), Agent, and the Lenders with respect to all matters relating to time periods prior to the Restatement Effective Date shall be determined in accordance with the terms of the Existing Credit Agreement, and the rights and duties of Borrower, Agent, and the Lenders with respect to all matters relating to time periods from and after the Restatement Effective Date shall be determined in accordance with the provisions of this Agreement and the Loan Documents. This Agreement does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement (including without limitation, Section 12.8) or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien liens or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby (including without limitation, Section 12.8) or by instruments or documents executed concurrently herewith. Nothing expressed or implied Except as expressly set forth herein (including without limitation, Section 12.8), nothing in this Agreement shall be construed as a release or other discharge of any Loan Party from any of their obligations or liabilities under the Existing Credit Agreement Agreement. . This is an international loan transaction in which the specification of Dollars or any Alternative Currency, as the case may be (the “Specified Currency”), and payment in New York City or the country of the other Loan Documents from any Specified Currency, as the case may be (the “Specified Place”), is of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto hereby (a) confirms and agrees that each Loan Document to which it is a party isthe essence, and the Specified Currency shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed be the currency of account in all respects except that on and after events relating to Loans or reimbursement obligations denominated in the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “Specified Currency. The payment obligations of the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Borrower under this Agreement shall mean the Existing Credit Agreement as amended and restated not be discharged or satisfied by this Agreement and (ii) the “Borrower” shall continue an amount paid in another currency or in another place, whether pursuant to refer to Acutus Medicala judgment or otherwise, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge the amount so paid on conversion to the Administrative Agent a security interest in or Lien on, any collateral as security Specified Currency and transfer to the Specified Place under normal banking procedures does not yield the amount of the Specified Currency at the Specified Place due hereunder. If for the obligations purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in the Specified Currency into another currency (the “Second Currency”), the rate of exchange that shall be applied shall be the rate at which in accordance with normal banking procedures the Agent could purchase the Specified Currency with the Second Currency on the Business Day next preceding the day on which such judgment is rendered. The obligation of the Borrower from time to time existing in respect of any such sum due from it to the Existing Credit Agreement Agent or any Lender hereunder or under any other Loan Document (in this Section called an “Entitled Person”) shall, notwithstanding the rate of exchange actually applied in rendering such judgment, be discharged only to the extent that on the Business Day following receipt by such Entitled Person of any sum adjudged to be due hereunder in the Second Currency such Entitled Person may in accordance with normal banking procedures purchase and transfer to the Specified Place the Specified Currency with the amount of the Second Currency so adjudged to be due; and the other Loan DocumentsBorrower hereby, as a separate obligation and notwithstanding any such pledgejudgment, assignment and/or grant agrees to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Specified Currency, the amount (if any) by which the sum originally due to such Entitled Person in the Specified Currency hereunder exceeds the amount of the security interest or Lien is hereby ratified Specified Currency so purchased and confirmed in all respectstransferred.

Appears in 1 contract

Sources: Amendment No. 7 (Ares Management Lp)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Original Credit Agreement or Agreement, does not discharge the other obligations of Borrowers under the Original Credit Agreement, and does not discharge or release the Obligations outstanding underliens granted to PNC, and as defined inagent, which shall continue to secure the Existing “Obligations” under the Original Credit Agreement or as renewed, amended, restated and modified hereby and under the Lien Guaranty and Security Agreement, or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Original Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of its obligations or liabilities under the Existing Original Credit Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderloan documents executed in connection therewith. Each party hereto Borrower hereby (a) confirms and agrees that each Loan Document (as defined in the Original Credit Agreement) to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date Date, all references in any such Loan Document (as defined in the Original Credit Agreement) to (i) “the Credit Loan Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Original Credit Agreement shall mean the Existing Original Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. Agreement; and (b) confirms and agrees that to the extent that any such Loan Document (as defined in the Original Credit Agreement) purports to assign or pledge to any of Agent or the Administrative Lender Group or the Bank Product Providers or to grant to any of Agent or the Lender Group or the Bank Product Providers a security interest in or Lien lien on, any collateral as security for the obligations of the Borrower Borrowers from time to time existing in respect of the Existing Original Credit Agreement and or the other Loan DocumentsDocuments (as defined in the Original Credit Agreement), such pledge, pledge or assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects with respect to this Agreement and the Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Aventine Renewable Energy Holdings Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto hereby (a) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien ▇▇▇▇ is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Credit Agreement (Acutus Medical, Inc.)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Financing Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Financing Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Financing Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Financing Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Financing Agreement or any of the other Loan Documents from any of its obligations and liabilities as a "Borrower" or "Guarantor" thereunder. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “"the Credit Financing Agreement,” “" "thereto,” “" "thereof,” “" "thereunder" or words of like import referring to the Existing Credit Financing Agreement shall mean the Existing Credit Financing Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower or the Guarantors from time to time existing in respect of the Existing Credit Financing Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Financing Agreement (Motorcar Parts America Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower or Guarantor under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto Borrower hereby (a) confirms and agrees that each the Existing Credit Agreement and Loan Document Documents (as defined in the Existing Credit Agreement) to which it such Person is a party isare, and shall continue to be, in full force and effect, as modified by this amendment effect and restatement and instruments or documents executed concurrently herewith, and is are hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “the Credit AgreementDocument,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms confirm and agrees agree that to the extent that any such Loan Document Documents purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower Borrowers or Guarantors from time to time existing in respect of the Existing Credit Agreement, this Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespect.

Appears in 1 contract

Sources: Revolving Credit Facility (Crocs, Inc.)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Original Credit Agreement or Agreement, does not discharge the other obligations of the Borrowers under the Original Credit Agreement, and does not discharge or release the Obligations outstanding underliens granted to PNC, and as defined inagent, which shall continue to secure the Existing “Obligations” under the Original Credit Agreement or as renewed, amended, restated and modified hereby and under the Lien Guaranty and Security Agreement, or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Original Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of its obligations or liabilities under the Existing Original Credit Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderloan documents executed in connection therewith. Each party hereto Borrower hereby (a) confirms and agrees that each Original Loan Document to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date Date, all references in any such Original Loan Document to (i) “the Credit Loan Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Original Credit Agreement shall mean the Existing Original Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. Guaranty and Security Agreement; and (b) confirms and agrees that to the extent that any such Original Loan Document purports to assign or pledge to any of the Administrative Agent or the Lender Group or the Bank Product Providers or to grant to any of the Agent or the Lender Group or the Bank Product Providers a security interest in or Lien lien on, any collateral as security for the obligations of the Borrower Borrowers from time to time existing in respect of the Existing Original Credit Agreement and or the other Original Loan DocumentsDocument, such pledge, pledge or assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects with respect to this Agreement and the Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Aventine Renewable Energy Holdings Inc)

No Novation. This Notwithstanding anything to the contrary contained herein, this Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does shall not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement Collateral Document or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement or in any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents Parties under any Loan Document from any of its obligations and liabilities as a “Borrower, Guarantor or “Guarantor” thereunderpledgor under any of the Loan Documents. Each party hereto hereby (a) confirms The Collateral and agrees that each the other Loan Document to which it is a party is, and Documents shall continue to besecure, in full force guarantee, support and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after otherwise benefit the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Loan Parties under this Agreement and the other Loan Documents, such pledge, assignment and/or grant . Upon the occurrence of the security interest Effective Date, each Loan Document that was in effect immediately prior to the date of this Agreement shall continue to be effective and, unless the context otherwise requires, any reference to the “Credit Agreement” contained therein shall be deemed to refer to this Agreement. Notwithstanding the foregoing, the Loan Parties shall execute any amendments, supplements, modifications or Lien is hereby ratified restatements of any Collateral Documents and confirmed any new Collateral Documents, in all respects.each case as reasonably requested by the Agents. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed as of the date first above written. CL Media Holdings LLC, as Borrower By: Name: Title: Acknowledged and Agreed: as Guarantor By: Name: Title: Bright Mountain, LLC, as Guarantor By: Name: Title: MediaHouse, Inc., as Guarantor By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Administrative Agent and Collateral Agent By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Lender By: Name: Title: Bright Mountain Media, Inc., a Florida corporation Bright Mountain, LLC, a Florida limited liability company MediaHouse, Inc., a Florida corporation Centre Lane Partners Master Credit Fund II, L.P. $ 16,416,905 100.00 % Total: $ 16,416,905 100.00 % None. None. None. 2▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ 1▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ (WeWork, Inc.) 6▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Office space in Hertsliya, Israel

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Financing Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement Financing Agreement, other than obligations for the payment of the Existing Term Loan D and the discharge and release of the Obligations of the Subordinated Term Loan D Lenders under, and as defined in, the Existing Financing Agreement, or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Financing Agreement or instruments securing the same, which (other than in respect of the Existing Term Loan D) shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Financing Agreement or any of the other Loan Documents from any of its obligations and liabilities as a "Borrower" or "Guarantor" thereunder. , other than obligations and liabilities of the Borrowers and the Guarantors specifically related to the Existing Term Loan D. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effecteffect without modification or replacement, except as modified by this amendment and restatement and instruments or documents executed concurrently herewithexpressly set forth herein, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “"the Credit Financing Agreement,” “" "thereto,” “" "thereof,” “" "thereunder" or words of like import referring to the Existing Credit Financing Agreement shall mean the Existing Credit Financing Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent a security interest in or Lien on, any collateral Collateral as security for the obligations of the Borrower Borrowers or the Guarantors from time to time existing in respect of the Existing Credit Financing Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects and shall continue to secure the Obligations hereunder.

Appears in 1 contract

Sources: Financing Agreement (Allied Holdings Inc)

No Novation. This Notwithstanding anything to the contrary contained herein, this Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does shall not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement Collateral Document or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement or in any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents Parties under any Loan Document from any of its obligations and liabilities as a “Borrower, Guarantor or “Guarantor” thereunderpledgor under any of the Loan Documents. Each party hereto hereby (a) confirms The Collateral and agrees that each the other Loan Document to which it is a party is, and Documents shall continue to besecure, in full force guarantee, support and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after otherwise benefit the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Loan Parties under this Agreement and the other Loan Documents, such pledge, assignment and/or grant . Upon the occurrence of the security interest Effective Date, each Loan Document that was in effect immediately prior to the date of this Agreement shall continue to be effective and, unless the context otherwise requires, any reference to the “Credit Agreement” contained therein shall be deemed to refer to this Agreement. Notwithstanding the foregoing, the Loan Parties shall execute any amendments, supplements, modifications or Lien is hereby ratified restatements of any Collateral Documents and confirmed any new Collateral Documents, in all respects.each case as reasonably requested by the Agents. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed as of the date first above written. CL Media Holdings LLC, as Borrower By: Name: Title: Bright Mountain Media, Inc., as Guarantor By: Name: Title: Bright Mountain, LLC, as Guarantor By: Name: Title: MediaHouse, Inc., as Guarantor By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Administrative Agent and Collateral Agent By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Lender By: Name: Title: Schedule 1 Guarantors Commitments LENDER COMMITMENT PRO RATA SHARE Schedule 5.02 Schedule 5.03 Schedule 5.07(b) Schedule 5.08

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

No Novation. This Each Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Loan Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of such Borrower outstanding under, and as defined in, under the Existing Credit Prior Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to the Bank a security interest in or Lien on, any collateral as security for the obligations Obligations of the any Borrower from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respects.respects and shall remain effective as of the first date it became effective. 12

Appears in 1 contract

Sources: Loan and Security Agreement (Outbrain Inc.)

No Novation. This Each Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Loan Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of such Borrower outstanding under, and as defined in, under the Existing Credit Prior Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to the Bank a security interest in or Lien on, any collateral as security for the obligations Obligations of the any Borrower from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Loan and Security Agreement (Outbrain Inc.)

No Novation. This Second Amended and Restated Financing Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Second Amended and Restated Financing Agreement shall be construed as a release or other discharge of the Borrower, any Guarantor or any other Loan Party under the Existing Credit Agreement or any of (including the other Loan Documents Security Agreements, the Pledge Agreements and the Guaranties) from any of its obligations and liabilities as a "Borrower", "Guarantor" or “Guarantor” "Loan Party" thereunder. Each party hereto The Borrower and each other Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment Effective Date of this Second Amended and Restatement Closing Date Restated Financing Agreement all references in any such Loan Document to (i) “"the Credit Agreement,” “", "thereto,” “", "thereof,” “", "thereunder" or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement Second Amended and Restated Financing Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent for the benefit of the Lenders, or to grant to the Collateral Agent for the benefit of the Lenders a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower Borrower, the Guarantors or any other Loan Party from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Financing Agreement (Atp Oil & Gas Corp)

No Novation. This Agreement constitutes an amendment shall amend and restatement restate the Existing Term Loan Agreement in its entirety, with the parties hereby agreeing that there is no novation of the Existing Credit Term Loan Agreement and does not extinguish from and after the effectiveness of this Agreement, the rights and obligations for of the payment of money outstanding parties under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Term Loan Agreement shall be construed as a release or other discharge subsumed and governed by this Agreement. From and after the effectiveness of any Loan Party this Agreement, the Obligations under the Existing Credit Term Loan Agreement or any shall continue as Obligations under this Agreement until otherwise paid in accordance with the terms hereof. Without limiting the generality of the other Loan foregoing, the Security Documents from any and all of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto hereby (a) confirms and agrees that each Loan Document to which it is a party is, the Collateral described therein do and shall continue to besecure the payment of all Obligations of the Loan Parties under the Loan Documents, in full force and effecteach case, as modified amended by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on Agreement. On and after the Amendment and Restatement Closing Date all references effectiveness of this Agreement, each reference to the “Credit Agreement” in any such other Loan Document shall mean and be a reference to this Agreement. This Assignment and Acceptance (this “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between [the][each]1 Assignor identified in item 1 below ([the][each, an] “Assignor”) and [the][each]2 Assignee identified in item 2 below ([the][each, an] “Assignee”). [It is understood and agreed that the rights and obligations of [the Assignors][the Assignees]3 hereunder are several and not joint.]4 Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, [the][each] Assignor hereby irrevocably sells and assigns to [the Assignee][the respective Assignees], and [the][each] Assignee hereby irrevocably purchases and assumes from [the Assignor][the respective Assignors], subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of [the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to Assignor’s][the respective Assignors’] rights and obligations in [its capacity as a Lender][their respective capacities as Lenders] under the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsDocuments to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of [the Assignor][the respective Assignors] under the Facility identified below and (ii) to the extent permitted to be assigned under applicable law, such pledgeall claims, assignment and/or grant suits, causes of action and any other right of [the Assignor (in its capacity as a Lender)][the respective Assignors (in their respective capacities as Lenders)] against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other Loan Documents or the loan transactions governed thereby or in any way based on or related to any of the security interest foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or Lien in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned by [the][any] Assignor to [the][any] Assignee pursuant to clauses (i) and (ii) above being referred to herein collectively as [the][an] “Assigned Interest”). Each such sale and assignment is hereby ratified without recourse to [the][any] Assignor and, except as expressly provided in this Assignment and confirmed Acceptance, without representation or warranty by [the][any] Assignor. 1. Assignor[s]: 2. Assignee[s]: 1 For bracketed language here and elsewhere in all respectsthis form relating to the Assignor(s), if the assignment is from a single Assignor, choose the first bracketed language. If the assignment is from multiple Assignors, choose the second bracketed language.

Appears in 1 contract

Sources: Term Loan Credit Agreement (CPG Newco LLC)

No Novation. This The Loan Parties, the Administrative Agent and the Lenders hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of the Loan Parties outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of the Loan Parties, or any Loan Party guarantor from any of its obligations or liabilities under the Existing Credit Agreement or any of the notes, security agreements, pledge agreements, mortgages, guaranties or other loan documents executed in connection therewith. The Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto Parties hereby (ai) confirms confirm and agrees agree that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” ”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like [***] Certain information contained in this document, marked by brackets, has been omitted because it is both not material and would be competitively harmful if publicly disclosed. import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. confirm and (b) confirms and agrees agree that to the extent that the Existing Credit Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Agent, for the benefit of Lenders, or to grant to Administrative Agent, for the benefit of the Lenders, a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower Loan Parties from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Credit Agreement (Sunrun Inc.)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Financing Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Financing Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Financing Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Financing Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Financing Agreement or any of the other Loan Documents from any of its obligations and liabilities as a "Borrower" or "Guarantor" thereunder. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “"the Credit Financing Agreement,” “" "thereto,” “" "thereof,” “" "thereunder" or words of like import referring to the Existing Credit Financing Agreement shall mean the Existing Credit Financing Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower or the Guarantors from time to time existing in respect of the Existing Credit Financing Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

Appears in 1 contract

Sources: Financing Agreement (Motorcar Parts America Inc)

No Novation. This Borrowers and Lender hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Parent outstanding under, and as defined in, under the Existing Credit Prior Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Borrowers, or any Loan Party guarantor from any of its obligations or liabilities under the Existing Credit Prior Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Parent hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date effectiveness of this Agreement, all references in any such Loan Document to (i) “"the Business Finance Credit Agreement,” “", "thereto,” “", "thereof,” “", "thereunder" or words of like import referring to the Existing Credit Prior Agreement shall mean the Existing Credit Prior Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Agreement or any such Loan Document executed in connection therewith purports to collaterally assign or pledge to the Administrative Agent Lender a security interest in or Lien on, any collateral Collateral as security for the obligations of the Borrower Obligations from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsPrior Agreement, such pledge, collateral assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respects.respects as a collateral assignment, pledge or grant to Lender and shall remain effective as of the first date it became effective. * * * [remainder of this page intentionally left blank] * * *

Appears in 1 contract

Sources: Business Financing Agreement

No Novation. This Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Loan Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding underthis Agreement, and as defined in, the Existing Credit Prior Loan Agreement or shall be automatically terminated on the Lien or priority Effective Date of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding underunder the Prior Loan Agreement, and as defined in, the Existing Credit Agreement or any instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents other Loan Documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities (as a “Borrower” or “Guarantor” thereundersuch term is defined in the Prior Loan Agreement), executed in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. Loan and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.Security 22 ny-1693906

Appears in 1 contract

Sources: Loan and Security Agreement (Luna Innovations Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Loan Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Loan Agreement or discharge or release the Obligations outstanding (including the Obligations of any predecessor corporations) under, and as defined in, the Existing Credit Loan Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Loan Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Loan Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Loan Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Loan Agreement shall mean the Existing Credit Loan Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower Borrowers or the Guarantors from time to time existing in respect of the Existing Credit Loan Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Loan and Security Agreement (Metalico Inc)

No Novation. This (a) Until this Amendment becomes effective in accordance with its terms and the Amendment Effective Date shall have occurred, the Existing Credit Agreement constitutes an amendment shall remain in full force and restatement effect and shall not be affected hereby. On and after the Amendment Effective Date, all obligations of the Loan Parties under the Existing Credit Agreement shall become obligations of the Loan Parties under the Amended Credit Agreement and the provisions of the Existing Credit Agreement and does shall be superseded by the provisions of the Amended Credit Agreement. (b) Without limiting the generality of the foregoing, this Amendment shall not extinguish the Loans outstanding under the Existing Credit Agreement or any other obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement Liens granted under or the Lien or priority of any mortgage, pledge, security agreement Security Document or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations Loans outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing any other obligations for the samepayment of money outstanding under the Existing Credit Agreement, in each case which shall remain in full force outstanding on and effect, except after the Amendment Effective Date as modified hereby or by instruments or documents executed concurrently herewithhereby. Nothing expressed or implied in this Agreement herein shall be construed as a release or other discharge of any Loan Party under Holdings, the Existing Credit Agreement Borrower or any of the other its Subsidiaries under any Loan Documents Document from any of its obligations and liabilities as “Holdings,” a “Borrower,” a “Grantor” or a “Guarantor” thereunder. Each party hereto hereby (a) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to under the Existing Credit Agreement shall mean or the other Loan Documents. Notwithstanding any provision of this Amendment, the provisions of Sections 2.15, 2.16, 2.17 and 9.03 of the Existing Credit Agreement as amended and restated by this Agreement and (ii) in effect immediately prior to the “Borrower” shall Amendment Effective Date will continue to refer be effective as to Acutus Medical, Inc. and (b) confirms and agrees that all matters arising out of or in any way related to facts or events existing or occurring prior to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respectsAmendment Effective Date.

Appears in 1 contract

Sources: Credit Agreement (Vectrus, Inc.)

No Novation. This Agreement constitutes an amendment and restatement of and supersedes the Existing Credit Amended and Restated Loan Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Amended and Restated Loan Agreement or discharge or release the Obligations outstanding (including the Obligations of any predecessor corporations) under, and as defined in, the Existing Credit Amended and Restated Loan Agreement except as provided herein or the Lien or priority of any mortgage, pledge, security agreement or any other security therefortherefor except as provided herein. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Amended and Restated Loan Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Amended and Restated Loan Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderthereunder except as provided herein. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement Agreement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “the Credit Loan Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Original Loan Agreement or the Amended and Restated Loan Agreement shall mean the Existing Credit Original Loan Agreement or the Amended and Restated Loan Agreement, as applicable, as amended and restated and superseded by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower Loan Parties from time to time existing in respect of the Existing Credit Original Loan Agreement, the Amended and Restated Loan Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects, as amended hereby or thereby.

Appears in 1 contract

Sources: Loan and Security Agreement (LSB Industries Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding or Guaranteed Obligations (including the Obligations or Guaranteed Obligations of any predecessor corporations) under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations or Guaranteed Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a "Borrower" or "Guarantor" thereunder. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “"the Credit Loan Agreement,” “" "thereto,” “" "thereof,” “" "thereunder" or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower Borrowers or the Guarantors from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Credit Agreement (Take Two Interactive Software Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Original Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien liens or priority of any mortgage, pledge, security agreement or any other security therefor, except to the extent amended prior to the date hereof. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined inunder the Original Credit Agreement, the Existing Credit Agreement other Original Loan Documents or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewithherewith or, in the case of the Intercreditor Agreement and Subordination Agreement (as each such term is defined in the Original Credit Agreement), terminated. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Borrower from any Loan Party of its obligations or liabilities under the Existing Original Credit Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderloan documents executed in connection therewith, except to the extent amended prior to the date hereof. Each party hereto Borrower hereby (a) confirms and agrees that each Original Loan Document (other than the Intercreditor Agreement and Subordination Agreement (as each such term is defined in the Original Credit Agreement)) to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date Initial Borrowing Date, all references in any such Original Loan Document to (i) “the Credit Agreement,” ”, “this Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Original Credit Agreement shall mean the Existing Original Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. Agreement; and (b) confirms and agrees that to the extent that any such Original Loan Document purports to assign or pledge to the Administrative Agent Lender Group or to grant to the Lender Group a security interest in or Lien lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Original Credit Agreement and the other Loan DocumentsAgreement, such pledge, pledge or assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Credit Agreement (Einstein Noah Restaurant Group Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under any of the Existing BMHC Credit Agreement Agreement, the Stock Credit Agreement, the Stock Guaranty, or the Stock ISA, or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien liens or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined inunder any of the BMHC Credit Agreement, the Existing Stock Credit Agreement Agreement, the Stock Guaranty, or the Stock ISA, the other Original Loan Documents or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and or liabilities as a “Borrower” under the BMHC Credit Agreement, the Stock Credit Agreement, the Stock Guaranty, the Stock ISA, or “Guarantor” thereunderany of the security agreements, pledge agreements, mortgages, guaranties or other loan documents respectively executed in connection therewith. Each party hereto Loan Party hereby (a) confirms and agrees that each Original Loan Document to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date Effective Date, (i) all references in any such Original Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing BMHC Credit Agreement shall mean the Existing BMHC Credit Agreement as amended and restated by this Agreement and Agreement, (ii) all references in any such Original Loan Document to “the Credit Agreement,” Borrowerthereto,“thereof,” “thereunder” or words of like import referring to the Stock Credit Agreement shall continue mean the Stock Credit Agreement as amended and restated by this Agreement, (iii) all references in any such Original Loan Document to refer “the Guaranty,” “thereto,” “thereof,” “thereunder” or words of like import referring to Acutus Medicalthe Stock Guaranty shall mean the Stock Guaranty as amended and restated by this Agreement, Inc. and (iv) all references in any such Original Loan Document to “the Intercompany Subordination Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Stock ISA shall mean the Stock ISA as amended and restated by this Agreement; and (b) confirms and agrees that to the extent that any such Original Loan Document purports to assign or pledge to any of the Administrative Agent or the Lenders or the Issuing Lender or the Bank Product Providers or to grant to any of the Agent or the Lenders or the Issuing Lender or the Bank Product Providers a security interest in or Lien lien on, any collateral as security for the obligations all or any portion of any of the Obligations of any Borrower or any other Loan Party, as the case may be, from time to time existing in respect of the Existing BMHC Credit Agreement and Agreement, the other Stock Credit Agreement, the Stock Guaranty, the Stock ISA, or any Original Loan DocumentsDocument, such pledge, pledge or assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects with respect to this Agreement and the Loan Documents.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)

No Novation. This The parties hereto hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Original Credit Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrowers outstanding under, and as defined in, under the Existing Original Credit Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Borrowers, or any Loan Party guarantor from any of its obligations or liabilities under the Existing Original Credit Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrowers hereby (ai) confirms confirm and agrees agree that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “"the Credit Agreement,” “", "thereto,” “", "thereof,” “", "thereunder" or words of like import referring to the Existing Original Credit Agreement shall mean the Existing Original Credit Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Original Credit Agreement or any such Loan Document executed in connection therewith purports to collaterally assign or pledge to the Administrative Agent Avidbank, or to grant to Avidbank, a security interest in or Lien lien on, any collateral as security for the obligations of the Borrower Obligations from time to time existing in respect of the Existing Original Credit Agreement and the other Loan DocumentsAgreements, such pledge, collateral assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects as a collateral assignment, pledge or grant to Agent for the ratable benefit of Lenders, and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Credit Agreement (Auxilio Inc)

No Novation. This Agreement constitutes an amendment and restatement of and supersedes the Existing Credit Financing Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Financing Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Financing Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefortherefor except as provided herein. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Financing Agreement or any of the instruments securing the same, which shall remain in full force and effect, except as expressly modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Financing Agreement or any of the other Loan Documents from any of its obligations and liabilities as a "Borrower" or "Guarantor” thereunder" thereunder except as provided herein. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement Agreement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “"the Credit Financing Agreement,” “" "thereto,” “" "thereof,” “" "thereunder" or words of like import referring to the Existing Credit Financing Agreement shall mean the Existing Credit Financing Agreement as amended and restated and superseded by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent or any Lender a security interest in in, or Lien on, any collateral as security for the obligations of the Borrower Loan Parties from time to time existing in respect of the Existing Credit Financing Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects, as amended hereby or thereby.

Appears in 1 contract

Sources: Financing Agreement (Delek US Holdings, Inc.)

No Novation. This Notwithstanding anything to the contrary contained herein, this Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does shall not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement Collateral Document or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement or in any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents Parties under any Loan Document from any of its obligations and liabilities as a “Borrower, Guarantor or “Guarantor” thereunderpledgor under any of the Loan Documents. Each party hereto hereby (a) confirms The Collateral and agrees that each the other Loan Document to which it is a party is, and Documents shall continue to besecure, in full force guarantee, support and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after otherwise benefit the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Loan Parties under this Agreement and the other Loan Documents, such pledge, assignment and/or grant . Upon the occurrence of the security interest Effective Date, each Loan Document that was in effect immediately prior to the date of this Agreement shall continue to be effective and, unless the context otherwise requires, any reference to the “Credit Agreement” contained therein shall be deemed to refer to this Agreement. Notwithstanding the foregoing, the Loan Parties shall execute any amendments, supplements, modifications or Lien is hereby ratified restatements of any Collateral Documents and confirmed any new Collateral Documents, in all respects.each case as reasonably requested by the Agents. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed as of the date first above written. CL Media Holdings LLC, as Borrower By: Name: Title: Bright Mountain Media, Inc., as Guarantor By: Name: Title: Bright Mountain, LLC, as Guarantor By: Name: Title: MediaHouse, Inc., as Guarantor By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Administrative Agent and Collateral Agent By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Lender By: Name: Title:

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

No Novation. This The Loan Parties, the Administrative Agent and the Lenders hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of the Loan Parties outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of the Loan Parties, or any Loan Party guarantor from any of its obligations or liabilities under the Existing Credit Agreement or any of the notes, security agreements, pledge agreements, mortgages, guaranties or other loan documents executed in connection therewith. The Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto Parties hereby (ai) confirms confirm and agrees agree that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” ”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. confirm and (b) confirms and agrees agree that to the extent that the Existing Credit Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Agent, for the benefit of Lenders, or to grant to Administrative Agent, for the benefit of the Lenders, a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower Loan Parties from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Credit Agreement (Sunrun Inc.)

No Novation. This Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Agreement Prior Loan Agreement) shall be and does not extinguish hereby are superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Prior Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated superseded by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to the Bank a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or any guarantor from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Loan and Security Agreement (Real Goods Solar, Inc.)

No Novation. This Borrower and Lender hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Agreement Prior Loan Agreement) shall be and does not extinguish hereby are superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Prior Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated superseded by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Lender, or to grant to the Lender a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or any guarantor from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Loan and Security Agreement (Real Goods Solar, Inc.)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and Guarantee does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, obligations under the Original Loan Agreement and as defined in, the Existing Credit Agreement other Original Financing Agreements or the Lien (as such term is defined in the Loan Agreement) or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, under the Original Loan Agreement and as defined in, the Existing Credit Agreement other Original Financing Agreements or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement Guarantee shall be construed as a release or other discharge of any Loan Party Borrower or any Guarantor under the Existing Credit Agreement or any of the other Loan Documents Original Financing Agreements from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto of the undersigned hereby (ai) confirms and agrees that each Loan Document Original Financing Agreement to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date date hereof all references in any such Loan Document Original Financing Agreement to (i) “the Credit Original Loan Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement Original Financing Agreements shall mean the Existing Credit Original Financing Agreement as amended and restated by this the respective Financing Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document Financing Agreement purports to assign or pledge to the Administrative Agent a security interest in or Lien (as such term is defined in the Loan Agreement) on, any collateral as security for the obligations of the Borrower or the Guarantors from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsOriginal Financing Agreements, such pledge, assignment and/or grant of the security interest or Lien (as such term is defined in the Loan Agreement) is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Guarantee (SMTC Corp)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Third Amended and Restated Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien liens or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, under the Third Amended and as defined inRestated Credit Agreement, the Existing Credit Agreement other Loan Documents or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Borrower or any Loan Party Guarantor from any of its obligations or liabilities under the Existing Third Amended and Restated Credit Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderloan documents executed in connection therewith. Each party hereto Borrower hereby (a) confirms and agrees that each Loan Document to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date date hereof, all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Third Amended and Restated Credit Agreement shall mean the Existing Third Amended and Restated Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. Agreement; and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to Lender or the Administrative Agent Bank Product Providers or to grant to Lender or the Bank Product Providers a security interest in or Lien lien on, any collateral as security for the obligations all or any portion of any of the Obligations of Borrower from time to time existing in respect of the Existing Third Amended and Restated Credit Agreement and or the other Loan DocumentsDocument, such pledge, pledge or assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects with respect to this Agreement and the Loan Documents.

Appears in 1 contract

Sources: Credit and Security Agreement (Hc2 Holdings, Inc.)

No Novation. This Borrower and Bank each hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Loan Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Prior Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to the Bank a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or any guarantor from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.respects and shall remain effective as of the first date it became effective

Appears in 1 contract

Sources: Loan and Security Agreement (Forescout Technologies, Inc)

No Novation. This Borrower and Bank each hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Loan Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Prior Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to the Bank a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or any guarantor from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Loan and Security Agreement (Array Biopharma Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Prior Facility Agreement or the other Prior Loan Documents or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien Liens or priority of any mortgage, pledge, security agreement or any other security therefortherefor or any of the obligations under the Prior Loan Documents (including the Initial Warrants and the Registration Rights Agreement). Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined inunder the Prior Facility Agreement, the Existing Credit Agreement other Prior Loan Documents or agreements, instruments or documents securing the same, which shall remain in full force and effect, except as modified hereby or by agreements, instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations or liabilities under the Prior Facility Agreement and liabilities as a “Borrower” the other Prior Loan Documents or “Guarantor” thereunderany of the security agreements, pledge agreements, guaranties or other loan documents executed in connection therewith. Each party hereto of Loan Parties hereby (a) confirms and agrees that each Prior Loan Document and each Initial Warrant to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date Agreement Date, all references in any such Prior Loan Document to (i) “the Credit Facility Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Prior Facility Agreement shall mean the Existing Credit Prior Facility Agreement as amended and restated by this Agreement and or (ii) any other Prior Loan Document being amended and restated, “thereto,”, thereof,” thereunder,” or words of like import referring to such Prior Loan Document shall mean such Prior Loan Document as amended and restated by the “Borrower” shall continue to refer to Acutus Medical, Inc. corresponding Loan Document; and (b) confirms and agrees that to the extent that any such Prior Loan Document purports to assign or pledge to any of the Administrative Agent or the other Secured Parties or to grant to any of the Agent or the other Secured Parties a security interest in or Lien on, any collateral as security for the obligations of any Loan Party, as the Borrower case may be, from time to time existing in respect of the Existing Credit Prior Facility Agreement and or the other Prior Loan Documents, such pledge, pledge or assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects with respect to this Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Facility Agreement (Endologix Inc /De/)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding (including the Obligations of any predecessor corporations) under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or a “Guarantor” thereunder. Each party hereto Borrower and each Guarantor hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower Loan Parties from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Credit Agreement (Celadon Group Inc)

No Novation. This Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Original Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Original Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Borrower from any Loan Party of the Obligations or any liabilities under the Existing Credit Original Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit Agreement,” ”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Original Agreement shall mean the Existing Credit Original Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Original Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to Bank a security interest in or Lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsOriginal Agreement, such pledge, assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects in favor of Bank and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Loan and Security Agreement (908 Devices Inc.)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for “Obligations” as defined in the payment of money outstanding under the Existing Credit Original Loan and Security Agreement or Original A&R Loan and Security Agreement or discharge or release the such Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien liens or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and “Obligations” as defined inin the Original Loan and Security Agreement, the Existing Credit Agreement Original A&R Loan and Security Agreement, or instruments securing the sameother Original Loan Documents, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations “Obligations” as defined in the Original Loan and liabilities as a “Borrower” Security Agreement or “Guarantor” thereunderOriginal A&R Loan and Security Agreement under the Original Loan Documents. Each party hereto Borrower hereby (a) confirms and agrees that each Original Loan Document to which it is a party is, that is not being amended and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed restated concurrently herewith, and herewith is hereby ratified and confirmed in all respects (other than any representations or warranties made as of a specific date) except that on and after the Amendment and Restatement Closing Date Date, all references in any such Original Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Original Loan and Security Agreement or Original A&R Loan and Security Agreement shall mean the Existing Credit Original Loan and Security Agreement or Original A&R Loan and Security Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. Agreement; and (b) confirms and agrees that to the extent that any such Original Loan Document purports to assign or pledge to any of Agent, Collateral Agent, the Administrative Agent Lenders or the Secured Parties or to grant to any of Agent, the Lenders or the Secured Parties a security interest in or Lien lien on, any collateral as security for the obligations all or any portion of any of the Borrower Obligations of TTD or of any other Borrower, as the case may be, from time to time existing in respect of the Existing Credit Original Loan and Security Agreement, the Original A&R Loan and Security Agreement and or the other Original Loan Documents, such pledge, pledge or assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects with respect to this Agreement and the Loan Documents.

Appears in 1 contract

Sources: Loan and Security Agreement (Trade Desk, Inc.)

No Novation. This Borrowers and Lender hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Parent outstanding under, and as defined in, under the Existing Credit Prior Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Borrowers, or any Loan Party guarantor from any of its obligations or liabilities under the Existing Credit Prior Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Parent hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date effectiveness of this Agreement, all references in any such Loan Document to (i) “"the Business Finance Credit Agreement,” “", "thereto,” “", "thereof,” “", "thereunder" or words of like import referring to the Existing Credit Prior Agreement shall mean the Existing Credit Prior Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Agreement or any such Loan Document executed in connection therewith purports to collaterally assign or pledge to the Administrative Agent Lender a security interest in or Lien on, any collateral Collateral as security for the obligations of the Borrower Obligations from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsPrior Agreement, such pledge, collateral assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects as a collateral assignment, pledge or grant to Lender and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Business Financing Agreement (Selectica Inc)

No Novation. This Each Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Loan Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Prior Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to the Bank a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or any Guarantor from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Loan and Security Agreement (Mavenir Systems Inc)

No Novation. This Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior EXIM Loan Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis EXIM Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Prior EXIM Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this EXIM Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior EXIM Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the EXIM Agreement” the Credit “Domestic Agreement,” ”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit EXIM Loan Agreement shall mean the Existing Credit Prior EXIM Loan Agreement as amended and restated by this Agreement EXIM Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to the Bank a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or any guarantor from time to time existing in respect of the Existing Credit Agreement and the other Prior EXIM Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Export Import Bank Loan and Security Agreement (Stereotaxis, Inc.)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding or Guaranteed Obligations (including the Obligations or Guaranteed Obligations of any predecessor corporations) under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations or Guaranteed Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunder. Each party hereto Loan Party hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Loan Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower Borrowers or the Guarantors from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Credit Agreement (Take Two Interactive Software Inc)

No Novation. This (a) Until this Agreement constitutes an amendment becomes effective in accordance with its terms and restatement the Restatement Effective Date shall have occurred, the Existing Credit Agreement shall remain in full force and effect and shall not be affected hereby. On and after the Restatement Effective Date, all obligations of each of the Borrowers under the Existing Credit Agreement shall become obligations of such Borrower under the Restated Credit Agreement and the provisions of the Existing Credit Agreement and does shall be superseded by the provisions of the Restated Credit Agreement. (b) Without limiting the generality of the foregoing, this Agreement shall not extinguish the Loans outstanding under the Existing Credit Agreement or any other obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement Liens granted under or the Lien or priority of any mortgage, pledge, security agreement Security Document or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations Loans outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing any other obligations for the samepayment of money outstanding under the Existing Credit Agreement, in each case which shall remain in full force outstanding on and effect, except after the Restatement Effective Date as modified hereby or by instruments or documents executed concurrently herewithhereby. Nothing expressed or implied in this Agreement herein shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement Borrower or any of the other its Subsidiaries under any Loan Documents Document from any of its obligations and liabilities as a “Borrower”, a “Grantor” or a “Guarantor” thereunder. Each party hereto hereby (aor any similar term) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to under the Existing Credit Agreement shall mean or the Loan Documents. Notwithstanding any provision of this Agreement, the provisions of Sections 2.19, 2.20, 2.21 and 9.05 of the Existing Credit Agreement as amended and restated by in effect immediately prior to the Restatement Effective Date will continue to be effective as to all matters arising out of or in any way related to facts or events existing or occurring prior to the Restatement Effective Date. For the avoidance of doubt, this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such be a Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations all purposes of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Compass Minerals International Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Loan Agreement or discharge or release the Obligations outstanding under, and as defined in, obligations under the Existing Credit Loan Agreement or the Lien lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Loan Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of the Borrower or any Loan Party Guarantor under the Existing Credit Loan Agreement or any of the other Loan Documents from any of its their obligations and liabilities as a “Borrower” or “Guarantor” thereunder; provided, however that any Default or Event of Default existing under the Existing Loan Agreement is hereby waived as of the Closing Date, except to the extent such Default or Event of Default constitutes a Default or Event of Default as of the Closing Date under this Agreement, as amended and restated on the Closing Date. Each party hereto The Borrower and each Guarantor hereby (ai) confirms and agrees that that, except as modified hereby or by instruments executed concurrently herewith, each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date of this Agreement all references in any such Loan Document to (i) “the Credit Loan Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Loan Agreement shall mean the Existing Credit Loan Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent (as defined in the Existing Loan Agreement) or the Collateral Agent a security interest in or Lien lien on, any collateral as security for the obligations of the Borrower and Guarantors from time to time existing in respect of the Existing Credit Loan Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Loan and Security Agreement (Northland Cranberries Inc /Wi/)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Original Loan Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien liens or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Original Loan Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Parent or Borrower from any Loan Party of their obligations or liabilities under the Existing Credit Original Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderloan documents executed in connection therewith. Each party hereto of Parent and Borrower hereby (a) confirms and agrees that each Loan Document to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “"the Credit Loan Agreement,” “" "thereto,” “" "thereof,” “" "thereunder" or words of like import referring to the Existing Credit Original Loan Agreement shall mean the Existing Credit Original Loan Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. Agreement; and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent or to grant to Agent a security interest in or Lien lien on, any collateral as security for the obligations of "Obligations" (as defined in the Borrower Original Loan Agreement) from time to time existing in respect of the Existing Credit Agreement and the other Original Loan DocumentsAgreement, such pledge, pledge or assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Loan and Security Agreement (Interdent Inc)

No Novation. This Agreement constitutes an amendment The terms and restatement conditions of the Existing Credit Agreement are amended as set forth in, and does not extinguish restated in their entirety and superseded by, Exhibit A to this Amendment No. 5. Nothing in this Amendment No. 5 (including Exhibit A hereto) shall be deemed to be a novation of any of the obligations for the payment of money outstanding under Obligations as defined in the Existing Credit Agreement or discharge in any way impair or release otherwise affect the rights or obligations of the parties thereunder (including with respect to Revolving Loans and representations and warranties made thereunder) except as such rights or obligations are amended or modified hereby. Notwithstanding any provision of this Amendment No. 5 or any other Loan Document or instrument executed in connection herewith, the execution and delivery of this Amendment No. 5 and the incurrence of Obligations hereunder shall be in substitution for, but not in payment of, the Obligations outstanding underowed by the Loan Parties under the Existing Credit Agreement. The Existing Credit Agreement as amended and restated pursuant to the terms set forth in Exhibit A shall be deemed to be a continuing agreement among the parties, and as defined inall documents, instruments and agreements delivered pursuant to or in connection with the Existing Credit Agreement or not amended and restated in connection with the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation entry of the Obligations outstanding under, and as defined in, the Existing Credit Agreement or instruments securing the same, which parties into this Amendment No. 5 shall remain in full force and effect, except each in accordance with its terms, as modified hereby of the date of delivery or such other date as contemplated by instruments such document, instrument or documents executed concurrently herewithagreement to the same extent as if the modifications to the Existing Credit Agreement contained herein were set forth in an amendment to the Existing Credit Agreement in a customary form, unless such document, instrument or agreement has otherwise been terminated or has expired in accordance with or pursuant to the terms of this Amendment No. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under 5, the Existing Credit Agreement or such document, instrument or agreement or as otherwise agreed by the required parties hereto or thereto. The amendments provided for herein, including in Exhibit A hereto, shall not, in any of manner, be construed to impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and other Loan Documents from any of its obligations and liabilities as a “Borrower” of any Loan Party evidenced by or “Guarantor” thereunder. Each party hereto hereby (a) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “arising under the Credit Agreement,” “thereto,” “thereof,” “thereunder” Agreement or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Credit Agreement (Eastman Kodak Co)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Original Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien liens or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Original Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of the Borrower from any Loan Party of their obligations or liabilities under the Existing Original Credit Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderloan documents executed in connection therewith. Each party hereto signatory to this Amended and Restated Credit Agreement hereby (a) confirms and agrees that each Loan Document to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) “the Revolving Credit Agreement”, “the Credit Agreement,” ”, “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Original Credit Agreement shall mean the Existing Original Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. Agreement; and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent or to grant to the Administrative Agent a security interest in or Lien lien on, any collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Original Credit Agreement and the other Loan DocumentsAgreement, such pledge, pledge or assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Revolving Credit Agreement (Friendly Ice Cream Corp)

No Novation. This Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Prior Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as modified hereby or amended and restated by instruments or documents executed concurrently herewiththis Agreement. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of Borrower from any Loan Party under of the Existing Credit Agreement Obligations or any liabilities or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderexecuted in connection with the Prior Agreement. Each party hereto Borrower hereby (ai) confirms and agrees that each other Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Amended and Restated Loan Agreement,”, the “Second Amended and Restated Loan Agreement”, the “Third Amended and Restated Loan and Security Agreement”, the “Loan Agreementthe “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Agreement shall mean the Existing Credit Prior Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to Bank a security interest in or Lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsPrior Agreement, such pledge, assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects in favor of Bank and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Loan and Security Agreement (Lantronix Inc)

No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Loan Agreement or the Existing Loan Documents, or discharge or release the Obligations outstanding “Obligations” under, and as defined in, the Existing Credit Agreement Loan Agreement, or extinguish or affect the Lien or priority of Bank’s Lien in the Collateral or extinguish or affect any mortgage, pledge, security agreement or any other security thereforExisting Loan Document. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under, and as defined in, the Existing Credit Loan Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower, Obligor, or Guarantor, under the Existing Credit Agreement Loan Agreement, any Existing Loan Document, this Agreement, or any of the other Loan Documents from any of its obligations and liabilities as a “Borrower” or “Guarantor” thereunderDocument. Each party hereto hereby (a) confirms and agrees that each Existing Loan Document (as same may be modified in connection with the closing contemplated by this Agreement) to which it each Person is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects respects. For the avoidance of doubt, the 2008 Equipment Purchase Loan (as defined in the Existing Loan Agreement) by this Agreement is being amended and restated into the CapEx Loan, and the 2008 Term Loan (as defined in the Existing Loan Agreement) prior to the date hereof has been repaid in full. (b) Each Borrower hereby unconditionally reaffirms, covenants, represents, warrants, acknowledges and confirms that (i) such Borrower has no defenses to its obligations under the Existing Loan Agreement, the Existing Loan Documents, this Agreement and the other Loan Documents arising out of or relating to any facts or circumstances existing on or before the date hereof, known or unknown, to any Borrower, any Obligor, or any Guarantor, (ii) as of the date hereof, such Borrower has no claim against Bank arising from or in connection with the Existing Loan Agreement, the Existing Loan Documents, this Agreement or the other Loan Documents and any and all such claims are waived, released and discharged (the foregoing is not intended to waive any manifest errors in the Bank’s records with respect to the Obligations), (iii) each of the Existing Loan Documents (to the extent not replaced or amended and restated by the Loan Documents) and each of the Loan Documents is hereby reaffirmed without qualification and is and remains in full force and effect except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Loan Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Loan Agreement shall mean the Existing Credit Loan Agreement as amended and restated by and into this Agreement and therefore this Agreement, and constitutes the legal, valid and binding obligations of such Borrower enforceable against such Borrower in accordance with their terms, except to the extent that the enforceability thereof against such Borrower may be limited by bankruptcy, insolvency or other laws affecting the enforceability of creditors rights generally or by equity principles of general application, and (iiiv) the “Borrower” shall Liens granted by such Borrower in favor of the Bank under the Existing Loan Documents and the other Loan Documents secure all the Obligations, are perfected, continue to refer to Acutus Medicalin full force and effect, Inc. and (b) have the same priority as before this Agreement, and each Borrower reaffirms each such Existing Loan Document and Loan Document, and each Borrower confirms and agrees that to the extent that any such Existing Loan Document and Loan Documents purports to grant, assign or pledge to the Administrative Agent Bank a security interest in or Lien on, any collateral on the Collateral as security for the obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsObligations, that such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects, and such Borrower hereby reaffirms and grants a Lien in favor of the Bank on all such Collateral. (c) Each Capex Note amends and restates (and the Borrower expressly states that it does not constitute an extinguishment or novation of) that certain Second Amended and Restated 2008 Equipment Purchase Note dated September 30, 2013, executed by the Borrower and payable to the order of the Bank in the original principal amount of $1,000,000.00 (the “Prior Note”). No CapEx Note evidences or effects a refinancing of all or any portion of the 2008 Equipment Purchase Loan evidenced by the Prior Note, or a release or relinquishment (including, without limitation, the priority) of any or all of the Liens and security interests of the Bank in any of the Collateral. Borrower and Bank acknowledge and agree that as of the date of this Agreement, there are no outstanding amounts under the Prior Note. (d) AS A MATERIAL PART OF THE CONSIDERATION FOR BANK ENTERING INTO THIS AGREEMENT, EACH BORROWER FOR ITSELF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AND TRUSTEES (COLLECTIVELY “RELEASOR”) HEREBY FOREVER RELEASES, FOREVER WAIVES AND FOREVER DISCHARGES BANK AND EACH OF BANK’S PREDECESSORS, SUCCESSORS, ASSIGNS, OFFICERS, MANAGERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, PARENT CORPORATIONS, SUBSIDIARIES, AND AFFILIATES (HEREINAFTER ALL OF THE ABOVE COLLECTIVELY REFERRED TO AS “LENDER GROUP”), FROM ANY AND ALL CLAIMS, COUNTERCLAIMS, DEMANDS, DAMAGES, DEBTS, AGREEMENTS, COVENANTS, SUITS, CONTRACTS, OBLIGATIONS, LIABILITIES, ACCOUNTS, OFFSETS, RIGHTS, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION FOR CONTRIBUTION AND INDEMNITY, WHETHER ARISING AT LAW OR IN EQUITY, AND WHETHER ARISING UNDER, ARISING IN CONNECTION WITH, OR ARISING FROM, THIS AGREEMENT, THE EXISTING LOAN AGREEMENT, THE EXISTING LOAN DOCUMENTS AND THE OTHER LOAN DOCUMENTS OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, WHETHER LIABILITY BE DIRECT OR INDIRECT, LIQUIDATED OR UNLIQUIDATED, WHETHER ABSOLUTE OR CONTINGENT, FORESEEN OR UNFORESEEN, AND WHETHER OR NOT HERETOFORE ASSERTED, IN EACH CASE, TO THE EXTENT EXISTING, ACCRUED OR ARISING ON OR PRIOR TO THE DATE HEREOF, WHICH RELEASOR MAY HAVE OR CLAIM TO HAVE AGAINST ANY OF THE LENDER GROUP.

Appears in 1 contract

Sources: Loan and Security Agreement (Synergetics Usa Inc)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Prior Facility Agreement or the other Prior Loan Documents or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien Liens or priority of any mortgage, pledge, security agreement or any other security therefortherefor or any of the obligations under the Prior Loan Documents (including the Original Warrants and the Prior Registration Rights Agreement). Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined inunder the Prior Facility Agreement, the Existing Credit Agreement other Prior Loan Documents or agreements, instruments or documents securing the same, which shall remain in full force and effect, except as modified hereby or by agreements, instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations or liabilities under the Prior Facility Agreement and liabilities as a “Borrower” the other Prior Loan Documents or “Guarantor” thereunderany of the security agreements, pledge agreements, guaranties or other loan documents executed in connection therewith. Each party hereto of Loan Parties hereby (a) confirms and agrees that each Prior Loan Document and each Initial Warrant to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date Agreement Date, all references in any such Prior Loan Document to (i) “the Credit Facility Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Prior Facility Agreement shall mean the Existing Credit Prior Facility Agreement as amended and restated by this Agreement and or (ii) any other Prior Loan Document being amended and restated, “thereto,”, thereof,” thereunder,” or words of like import referring to such Prior Loan Document shall mean such Prior Loan Document as amended and restated by the “Borrower” shall continue to refer to Acutus Medical, Inc. corresponding Loan Document; and (b) confirms and agrees that to the extent that any such Prior Loan Document purports to assign or pledge to any of the Administrative Agent or the other Secured Parties or to grant to any of the Agent or the other Secured Parties a security interest in or Lien on, any collateral as security for the obligations of any Loan Party, as the Borrower case may be, from time to time existing in respect of the Existing Credit Prior Facility Agreement and or the other Prior Loan Documents, such pledge, pledge or assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects with respect to this Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Exchange Agreement and Fourth Amendment to Amended and Restated Facility Agreement (Endologix Inc /De/)

No Novation. This Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Prior Facility Agreement or the other Prior Loan Documents or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement obligations or the Lien Liens or priority of any mortgage, pledge, security agreement or any other security therefortherefor or any of the obligations under the Prior Loan Documents (including the InitialOriginal Warrants and the Prior Registration Rights Agreement). Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined inunder the Prior Facility Agreement, the Existing Credit Agreement other Prior Loan Documents or agreements, instruments or documents securing the same, which shall remain in full force and effect, except as modified hereby or by agreements, instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations or liabilities under the Prior Facility Agreement and liabilities as a “Borrower” the other Prior Loan Documents or “Guarantor” thereunderany of the security agreements, pledge agreements, guaranties or other loan documents executed in connection therewith. Each party hereto of Loan Parties hereby (a) confirms and agrees that each Prior Loan Document and each Initial Warrant to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date Agreement Date, all references in any such Prior Loan Document to (i) “the Credit Facility Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Prior Facility Agreement shall mean the Existing Credit Prior Facility Agreement as amended and restated by this Agreement and or (ii) any other Prior Loan Document being amended and restated, “thereto,”, thereof,” thereunder,” or words of like import referring to such Prior Loan Document shall mean such Prior Loan Document as amended and restated by the “Borrower” shall continue to refer to Acutus Medical, Inc. corresponding Loan Document; and (b) confirms and agrees that to the extent that any such Prior Loan Document purports to assign or pledge to any of the Administrative Agent or the other Secured Parties or to grant to any of the Agent or the other Secured Parties a security interest in or Lien on, any collateral as security for the obligations of any Loan Party, as the Borrower case may be, from time to time existing in respect of the Existing Credit Prior Facility Agreement and or the other Prior Loan Documents, such pledge, pledge or assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects with respect to this Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Facility Agreement (Endologix Inc /De/)

No Novation. This Notwithstanding anything to the contrary contained herein, this Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does shall not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement Collateral Document or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement or in any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under the Existing Credit Agreement or any of the other Loan Documents Parties under any Loan Document from any of its obligations and liabilities as a “Borrower, Guarantor or “Guarantor” thereunderpledgor under any of the Loan Documents. Each party hereto hereby (a) confirms The Collateral and agrees that each the other Loan Document to which it is a party is, and Documents shall continue to besecure, in full force guarantee, support and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, and is hereby ratified and confirmed in all respects except that on and after otherwise benefit the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Agent a security interest in or Lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Loan Parties under this Agreement and the other Loan Documents, such pledge, assignment and/or grant . Upon the occurrence of the security interest Effective Date, each Loan Document that was in effect immediately prior to the date of this Agreement shall continue to be effective and, unless the context otherwise requires, any reference to the “Credit Agreement” contained therein shall be deemed to refer to this Agreement. Notwithstanding the foregoing, the Loan Parties shall execute any amendments, supplements, modifications or Lien is hereby ratified restatements of any Collateral Documents and confirmed any new Collateral Documents, in all respects.each case as reasonably requested by the Agents. In Witness Whereof, the parties hereto have caused this Agreement to be duly executed as of the date first above written. CL Media Holdings LLC, as Borrower By: Name: Title: Acknowledged and Agreed: as Guarantor By: Name: Title: BRIGHT MOUNTAIN, LLC, as Guarantor By: Name: Title: MediaHouse, Inc., as Guarantor By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Administrative Agent and Collateral Agent By: Name: Title: Centre Lane Partners Master Credit Fund II, L.P., as Lender By: Name: Title: Bright Mountain Media, Inc., a Florida corporation Bright Mountain, LLC, a Florida limited liability company MediaHouse, Inc., a Florida corporation Centre Lane Partners Master Credit Fund II, L.P. $ 16,416,905 100.00 % Total: $ 16,416,905 100.00 % None. None. None. 2▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ 1▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ (WeWork, Inc.) 6▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Office space in Hertsliya, Israel

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

No Novation. This Borrowers and Bank hereby agree that, effective upon the satisfaction or waiver in writing by Bank of all conditions precedent set forth in Section 4.1, (a) this Agreement constitutes an amendment shall amend, restate and restatement supercede in its entirety the Prior Agreement and (b) those other Loan Documents that amend and restate any of the Existing Credit Agreement original Loan Documents shall amend, restate and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any supercede such other security therefororiginal Loan Documents. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrowers outstanding under, and as defined in, under the Existing Credit Prior Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower or any guarantor from any of its obligations or liabilities under the Existing Credit Prior Agreement or any of the other original Loan Documents from any of its obligations and liabilities as a “Borrower” except to the extent that the terms thereof are modified hereby or “Guarantor” thereunderby instruments executed concurrently herewith. Each party hereto Borrower each hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date all references in any such Loan Document to (i) “the Credit Loan Agreement,” ”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Agreement shall mean the Existing Credit Prior Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the any Borrower from time to time existing in respect of the Existing Credit Agreement and the other Loan DocumentsPrior Agreement, such pledge, assignment and/or or grant of the security interest or Lien lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Credit Agreement (Matrixx Initiatives Inc)

No Novation. This Second Amended and Restated Financing ----------- Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Financing Agreement or discharge or release the Obligations outstanding under, and as defined in, obligations under the Existing Credit Financing Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Financing Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Second Amended and Restated Financing Agreement shall be construed as a release or other discharge of any Loan Party Borrower or any Guarantor under the Existing Credit Financing Agreement or any of the other Loan Documents from any of its obligations and liabilities as a "Borrower" or "Guarantor" thereunder. Each party hereto of the Borrowers and the Guarantors hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Effective Date of this Amendment and Restatement Closing Date all references in any such Loan Document to (i) “"the Credit Financing Agreement,” “" "thereto,” “" "thereof,” “" "thereunder" or words of like import referring to the Existing Credit Financing Agreement shall mean the Existing Credit Financing Agreement as amended and restated by this Second Amended and Restated Financing Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower Borrowers or the Guarantors from time to time existing in respect of the Existing Credit Financing Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Financing Agreement (McNaughton Apparel Group Inc)

No Novation. This Agreement constitutes an amendment Second Amended and restatement of the Existing Restated Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Second Amended and Restated Credit Agreement shall be construed as a release or other discharge of the Borrower or any Loan Party Surety under the Existing Credit Agreement or any of the other Loan Documents from any of its obligations and liabilities as a "Borrower" or “Guarantor” "Surety" thereunder. Each party hereto The Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Date of this Second Amended and Restated Credit Agreement all references in any such Loan Document to (i) “"the Credit Agreement,” “", "thereto,” “", "thereof,” “", "thereunder" or words of like import referring to the Existing Credit Agreement shall mean the Existing Credit Agreement as amended and restated by this Agreement Second Amended and Restated Credit Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent for the benefit of the Lenders, or to grant to the Collateral Agent for the benefit of the Lenders a security interest in or Lien lien on, any collateral as security for the obligations Obligations of the Borrower or any Surety from time to time existing in respect of the Existing Credit Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien lien is hereby ratified and confirmed in all respects.

Appears in 1 contract

Sources: Credit Agreement (Pen Holdings Inc)

No Novation. This Borrower and Bank hereby agree that, effective upon the execution and delivery of this Agreement constitutes an amendment by each such party, the terms and restatement provisions of the Existing Credit Prior Loan Agreement shall be and does not extinguish hereby are amended, restated and superseded in their entirety by the obligations for the payment terms and provisions of money outstanding under the Existing Credit Agreement or discharge or release the Obligations outstanding under, and as defined in, the Existing Credit Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security thereforthis Agreement. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations of Borrower outstanding under, and as defined in, under the Existing Credit Prior Loan Agreement or instruments securing the same, which obligations shall remain in full force and effect, except as to the extent that the terms thereof are modified hereby or by instruments or documents other Loan Documents executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Party Borrower from any of the Obligations or any liabilities under the Existing Credit Prior Loan Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other Loan Documents from any of its obligations and liabilities (as a “Borrower” or “Guarantor” thereundersuch term is defined in the Prior Loan Agreement) executed in connection therewith. Each party hereto Borrower hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Amendment and Restatement Closing Effective Date all references in any such Loan Document to (i) the Loan and Security Agreement”, the Credit “Loan Agreement,the “Agreement”, “thereto,” ”, “thereof,” ”, “thereunder” or words of like import referring to the Existing Credit Prior Loan Agreement shall mean the Existing Credit Prior Loan Agreement as amended and restated by this Agreement Agreement; and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that the Prior Loan Agreement or any such Loan Document executed in connection therewith purports to assign or pledge to the Administrative Agent Bank, or to grant to Bank a security interest in or Lien on, any collateral as security for the obligations Obligations of the Borrower from time to time existing in respect of the Existing Credit Agreement and the other Prior Loan DocumentsAgreement, such pledge, assignment and/or or grant of the security interest or Lien is hereby ratified and confirmed in all respectsrespects and shall remain effective as of the first date it became effective.

Appears in 1 contract

Sources: Loan and Security Agreement (Owlet, Inc.)

No Novation. This Amended and Restated Financing ----------- Agreement constitutes an amendment and restatement of the Existing Credit Agreement and does not extinguish the obligations for the payment of money outstanding under the Existing Credit Financing Agreement or discharge or release the Obligations outstanding under, and as defined in, obligations under the Existing Credit Financing Agreement or the Lien or priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations obligations outstanding under, and as defined in, under the Existing Credit Financing Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments or documents executed concurrently herewith. Nothing expressed or implied in this Amended and Restated Financing Agreement shall be construed as a release or other discharge of any Loan Party Borrower or any Guarantor under the Existing Credit Financing Agreement or any of the other Loan Documents from any of its obligations and liabilities as a "Borrower" or "Guarantor" thereunder. Each party hereto of the Borrowers and the Guarantors hereby (ai) confirms and agrees that each Loan Document to which it is a party is, and shall continue to be, in full force and effect, as modified by this amendment and restatement and instruments or documents executed concurrently herewith, effect and is hereby ratified and confirmed in all respects except that on and after the Effective Date of this Amendment and Restatement Closing Date all references in any such Loan Document to (i) “"the Credit Financing Agreement,” “", "thereto,” “", "thereof,” “", "thereunder" or words of like import referring to the Existing Credit Financing Agreement shall mean the Existing Credit Financing Agreement as amended and restated by this Amended and Restated Financing Agreement and (ii) the “Borrower” shall continue to refer to Acutus Medical, Inc. and (b) confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Administrative Collateral Agent a security interest in or Lien on, any collateral as security for the obligations of the Borrower Borrowers or the Guarantors from time to time existing in respect of the Existing Credit Financing Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects.. 108

Appears in 1 contract

Sources: Financing Agreement (Norton McNaughton Inc)