No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement set forth above, the execution, delivery and effectiveness of this Agreement shall not operate as an amendment of any right, power or remedy of Agent or the Lenders under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly set forth above, the text of the Credit Agreement and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement shall not constitute a modification of the Credit Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders at variance with the Credit Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge and expressly agree that Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement and the other Loan Documents, as amended herein. Borrowers and Guarantors have no knowledge of any challenge to Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.
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Samples: First Amendment to Forbearance, Consent and Third Amendment to Credit Agreement (B & B B, Inc.), Forbearance, Consent and Credit Agreement Amendment (Rbg, LLC)
No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement set forth aboveas otherwise expressed herein, ------------------------------ the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment a waiver of any right, power or remedy of the Agent or the Lenders under the Credit Loan Agreement, the Affiliate Subordination Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Loan Agreement, the Affiliate Subordination Agreement or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly amendment and waiver set forth above, the text of the Credit Loan Agreement, the Affiliate Subordination Agreement and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Borrower hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Loan Agreement or any of the other Loan Documents Affiliate Subordination Agreement or a course of dealing with the Agent or the Lenders at variance with the Credit Loan Agreement or the other Loan Documents Affiliate Subordination Agreement such as to require further notice by the Agent or the Lenders to require strict compliance with the terms of the Credit Loan Agreement, the Affiliate Subordination Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Borrower acknowledges and expressly agree agrees that the Agent and the Lenders reserve the right to, to and do in fact, require strict compliance with all terms and provisions of the Credit Loan Agreement, the Affiliate Subordination Agreement and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Borrower has no knowledge of any challenge to the Agent’s 's or any Lender’s Lenders' claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.
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No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment a waiver of any right, power or remedy of Agent Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly set forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Company hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Company acknowledges and expressly agree agrees that Agent Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Company has no knowledge of any challenge to AgentMortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.
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No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement set forth above, the 3.1 The execution, delivery and effectiveness of this Amendment Agreement shall not operate as an amendment a waiver of any right, power or remedy of Agent or (a) the Lenders Security Trustee under the Credit Agreement Guarantee and Debenture or (b) UPSC under any of the other Loan Finance Documents, nor constitute a waiver of any provision of the Credit Agreement Guarantee and Debenture or any of the other Loan Finance Documents. Except for the amendments to the Forbearance Agreement as expressly and agreements set forth above, the text of the Credit Agreement Guarantee and Debenture and all other Loan Finance Documents shall remain unchanged and in full force and effect and Borrowers each of the Obligors hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Amendment Agreement shall not constitute a modification of the Credit Agreement Guarantee and Debenture or any of the other Loan Finance Documents or a course of dealing with Agent the Security Trustee or the Lenders UPSC at variance with the Credit Agreement Guarantee and Debenture or any of the other Loan Finance Documents such as to require further notice by Agent the Security Trustee or the Lenders UPSC to require strict compliance with the terms of the Credit Agreement Guarantee and Debenture or any of the other Loan Finance Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge Each of the Obligors acknowledges and expressly agree agrees that Agent each of the Security Trustee and the Lenders reserve UPSC reserves the right to, and do does in fact, require strict compliance with all terms and provisions of the Credit Agreement Guarantee and the Debenture and all other Loan Finance Documents, as amended herein. Borrowers and Guarantors The Obligors have no knowledge of any challenge to Agent’s the Security Trustee's or any Lender’s UPSC's claims arising under the Loan Guarantee and Debenture or any of the other Finance Documents, or to the effectiveness of the Loan Guarantee and Debenture or any of the other Finance Documents. .
3.2 The forbearance provided parties hereby acknowledge and confirm that neither the obligations of any Obligor nor the rights and remedies of the Security Trustee and UPSC under the Forbearance AgreementGuarantee and Debenture or any of the other Finance Documents or otherwise conferred by law shall be discharged, as amended hereby, is limited to prejudiced or impaired by reason of the precise execution of this Amendment Agreement or the variation of the terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance conditions of the Guarantee and Debenture in accordance with respect to the Credit this Amendment Agreement.
Appears in 1 contract
Samples: Amendment Agreement to Syndicated Composite Guarantee and Debenture (Tarrant Apparel Group)
No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement as expressly set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent the Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly set forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Shipowner hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent the Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent the Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Shipowner acknowledges and expressly agree agrees that Agent the Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Shipowner has no knowledge of any challenge to Agentthe Mortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.
Appears in 1 contract
Samples: First Preferred Ship Mortgage (Peninsula Gaming, LLC)
No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement as expressly set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly set forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Company hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge LEGAL_US_W # 58777171.3 The Company acknowledges and expressly agree agrees that Agent Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Company has no knowledge of any challenge to AgentMortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.
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No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement as expressly set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly set forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Company hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Company acknowledges and expressly agree agrees that Agent Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Company has no knowledge of any challenge to AgentMortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.
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No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an asan amendment of any right, power or remedy of Agent or the Lenders under the Credit Loan Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Loan Agreement or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly set forth above, the text of the Credit Loan Agreement (including, without limitation, the schedules thereto) and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Loan Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders at variance with the Credit Loan Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders to require strict compliance with the terms of the Credit Loan Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge and expressly agree that Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Loan Agreement and the other Loan Documents, as amended herein. Neither Borrowers and nor Guarantors have no any knowledge of any challenge to Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Peninsula Gaming, LLC)
No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent or the Lenders under the Credit Loan Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Loan Agreement or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly set forth above, the text of the Credit Loan Agreement (including, without limitation, the schedules thereto) and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers and Guarantors hereby ratify and confirm their respective obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Loan Agreement or any of the other Loan Documents or a course of dealing with Agent or the Lenders at variance with the Credit Loan Agreement or the other Loan Documents such as to require further notice by Agent or the Lenders to require strict compliance with the terms of the Credit Loan Agreement and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge and expressly agree that Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Loan Agreement and the other Loan Documents, as amended herein. Neither Borrowers and nor Guarantors have no any knowledge of any challenge to Agent’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.LEGAL_US_W # 58344626.9
Appears in 1 contract
Samples: Loan and Security Agreement (Peninsula Gaming, LLC)
No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement set forth above, the 3.1 The execution, delivery and effectiveness of this Amendment Agreement shall not operate as an amendment a waiver of any right, power or remedy of Agent or (a) the Lenders Security Trustee under the Credit Agreement Charge over Shares or (b) UPSC under any of the other Loan DocumentsRelevant Finance Document, nor constitute a waiver of any provision of the Credit Agreement Charge over Shares or any of the other Loan DocumentsRelevant Finance Document. Except for the amendments to the Forbearance Agreement as expressly and agreements set forth above, the text of the Credit Agreement Charge over Shares and all other Loan Relevant Finance Documents shall remain unchanged and in full force and effect and Borrowers the Chargor hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Amendment Agreement shall not constitute a modification of the Credit Agreement Charge over Shares or any of the other Loan Documents Relevant Finance Document or a course of dealing with Agent the Security Trustee or the Lenders UPSC at variance with the Credit Agreement Charge over Shares or the other Loan Documents any Relevant Finance Document such as to require further notice by Agent the Security Trustee or the Lenders UPSC to require strict compliance with the terms of the Credit Agreement and the other Loan Documents Charge over Shares or any Relevant Finance Document in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Chargor acknowledges and expressly agree agrees that Agent each of the Security Trustee and the Lenders reserve UPSC reserves the right to, and do does in fact, require strict compliance with all terms and provisions of the Credit Agreement Charge over Shares and the other Loan all Relevant Finance Documents, as amended herein. Borrowers and Guarantors have The Chargor has no knowledge of any challenge to Agent’s the Security Trustee's or any Lender’s UPSC's claims arising under the Loan DocumentsCharge over Shares or any Relevant Finance Document, or to the effectiveness of the Loan Documents. Charge over Shares or any Relevant Finance Document.
3.2 The forbearance provided parties hereby acknowledge and confirm that neither the obligations of the Chargor nor the rights and remedies of the Security Trustee and UPSC under the Forbearance AgreementCharge over Shares or any Relevant Finance Document or otherwise conferred by law shall be discharged, as amended hereby, is limited to prejudiced or impaired by reason of the precise execution of this Amendment Agreement or the variation of the terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance conditions of the Charge over Shares in accordance with respect to the Credit this Amendment Agreement.
Appears in 1 contract
Samples: Amendment Agreement to Charge Over Shares (Tarrant Apparel Group)
No Other Amendments or Waivers. Except in connection with the amendments to the Forbearance Agreement as expressly set forth above, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as an amendment of any right, power or remedy of Agent Mortgagee or the Lenders under the Credit Agreement Mortgage or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement Mortgage or any of the other Loan Documents. Except for the amendments to the Forbearance Agreement as expressly set forth above, the text of the Credit Agreement Mortgage and all other Loan Documents shall remain unchanged and in full force and effect and Borrowers the Company hereby ratifies and Guarantors hereby ratify and confirm their respective confirms its obligations thereunder. This Agreement Amendment shall not constitute a modification of the Credit Agreement Mortgage or any of the other Loan Documents or a course of dealing with Agent Mortgagee or the Lenders at variance with the Credit Agreement Mortgage or the other Loan Documents such as to require further notice by Agent Mortgagee or the Lenders to require strict compliance with the terms of the Credit Agreement Mortgage and the other Loan Documents in the future, except as expressly set forth herein. Borrowers and Guarantors acknowledge The Company acknowledges and expressly agree agrees that Agent Mortgagee and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement Mortgage and the other Loan Documents, as amended herein. Borrowers and Guarantors have The Company has no knowledge of any challenge to AgentMortgagee’s or any Lender’s claims arising under the Loan Documents, or to the effectiveness of the Loan Documents. The forbearance provided under the Forbearance Agreement, as amended hereby, is limited to the precise terms thereof, and neither Agent nor any Lender is obligated to consider or consent to any additional request by Borrowers for any other forbearance with respect to the Credit Agreement.LEGAL_US_W # 56327611.3
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