No Other Amendments or Waivers. 3.1 The execution, delivery and effectiveness of this Deed of Variation shall not operate as a waiver of any right, power or remedy of the Agent under the Facility Agreement or any of the other Finance Documents, nor constitute a waiver of any provision of the Facility Agreement or any of the other Finance Documents. Except for the amendments and agreements set forth above, the text of the Facility Agreement and all other Finance Documents shall remain unchanged and in full force and effect and each of the Borrowers hereby ratifies and confirms its obligations thereunder. This Deed of Variation shall not constitute a modification of the Facility Agreement or any of the other Finance Documents or a course of dealing with the Agent at variance with the Facility Agreement or any of the other Finance Documents such as to require further notice by the Agent to require strict compliance with the terms of the Facility Agreement or any of the other Finance Documents in the future, except as expressly set forth herein. Each of the Borrowers acknowledges and expressly agrees that the Agent reserves the right to, and does in fact, require strict compliance with all terms and provisions of the Facility Agreement and all other Finance Documents. The Borrowers have no knowledge of any challenge to the Agent's claims arising under the Facility Agreement or any of the other Finance Documents, or to the effectiveness of the Facility Agreement or any of the other Finance Documents. 3.2 The parties hereby acknowledge and confirm that neither the obligations of any Borrower nor the rights and remedies of the Agent under the Facility Agreement or any of the other Finance Documents or otherwise conferred by law shall be discharged, prejudiced or impaired by reason of the execution of this Deed of Variation or the variation of the terms and conditions of the Facility Agreement in accordance with this Deed of Variation.
Appears in 5 contracts
Samples: Syndicated Letter of Credit Facility (Tarrant Apparel Group), Syndicated Letter of Credit Facility (Tarrant Apparel Group), Syndicated Letter of Credit Facility (Tarrant Apparel Group)
No Other Amendments or Waivers. 3.1 The Except in connection with the forbearance, consent and amendment forth above, the execution, delivery and effectiveness of this Deed of Variation Agreement shall not operate as a waiver an amendment of any right, power or remedy of Agent or the Agent Lenders under the Facility Credit Agreement or any of the other Finance Loan Documents, nor constitute a waiver of any provision of the Facility Credit Agreement or any of the other Finance Loan Documents. Except for the amendments and agreements set forth aboveas expressly amended hereby, the text of the Facility Credit Agreement and all other Finance Loan Documents shall remain unchanged and in full force and effect and each of the Borrowers and Guarantors hereby ratifies ratify and confirms its confirm their respective obligations thereunder. This Deed of Variation Agreement shall not constitute a modification of the Facility Credit Agreement or any of the other Finance Loan Documents or a course of dealing with Agent or the Agent Lenders at variance with the Facility Credit Agreement or any of the other Finance Loan Documents such as to require further notice by Agent or the Agent Lenders to require strict compliance with the terms of the Facility Credit Agreement or any of and the other Finance Loan Documents in the future, except as expressly set forth herein. Each of the Borrowers acknowledges and Guarantors acknowledge and expressly agrees agree that Agent and the Agent reserves Lenders reserve the right to, and does do in fact, require strict compliance with all terms and provisions of the Facility Credit Agreement and all the other Finance Loan Documents, as amended herein. The Borrowers and Guarantors have no knowledge of any challenge to the Agent's ’s or any Lender’s claims arising under the Facility Agreement or any of the other Finance Loan Documents, or to the effectiveness of the Facility Agreement Loan Documents. The forbearance contained herein is limited to the precise terms hereof, and neither Agent nor any Lender is obligated to consider or consent to any of additional request by Borrowers for any other forbearance with respect to the other Finance DocumentsCredit Agreement.
3.2 The parties hereby acknowledge and confirm that neither the obligations of any Borrower nor the rights and remedies of the Agent under the Facility Agreement or any of the other Finance Documents or otherwise conferred by law shall be discharged, prejudiced or impaired by reason of the execution of this Deed of Variation or the variation of the terms and conditions of the Facility Agreement in accordance with this Deed of Variation.
Appears in 3 contracts
Samples: Credit Agreement (B & B B, Inc.), Forbearance Agreement (Rbg, LLC), Forbearance Agreement (Rbg, LLC)
No Other Amendments or Waivers. 3.1 The execution, delivery and effectiveness of this Deed of Variation shall not operate as a waiver of any right, power or remedy of the Agent Lender under the Facility Loan Agreement or any of the other Finance Documents, nor constitute a waiver of any provision of the Facility Loan Agreement or any of the other Finance Documents. Except for the amendments and agreements set forth above, the text of the Facility Loan Agreement and all other Finance Documents shall remain unchanged and in full force and effect and each of the Borrowers hereby ratifies and confirms its obligations thereunder. This Deed of Variation shall not constitute a modification of the Facility Loan Agreement or any of the other Finance Documents or a course of dealing with the Agent Lender at variance with the Facility Loan Agreement or any of the other Finance Documents such as to require further notice by the Agent Lender to require strict compliance with the terms of the Facility Loan Agreement or any of the other Finance Documents in the future, except as expressly set forth herein. Each of the Borrowers acknowledges and expressly agrees that the Agent Lender reserves the right to, and does in fact, require strict compliance with all terms and provisions of the Facility Loan Agreement and all other Finance Documents. The Borrowers have no knowledge of any challenge to the AgentLender's claims arising under the Facility Loan Agreement or any of the other Finance Documents, or to the effectiveness of the Facility Loan Agreement or any of the other Finance Documents.
3.2 The parties hereby acknowledge and confirm that neither the obligations of any Borrower nor the rights and remedies of the Agent Lender under the Facility Loan Agreement or any of the other Finance Documents or otherwise conferred by law shall be discharged, prejudiced or impaired by reason of the execution of this Deed of Variation or the variation of the terms and conditions of the Facility Loan Agreement in accordance with this Deed of Variation.
Appears in 2 contracts
Samples: Loan Agreement (Tarrant Apparel Group), Loan Agreement (Tarrant Apparel Group)