Other Terms Unchanged. The Purchase Agreement, as amended by this Amendment, the Note, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Purchase Agreement after the date of this Amendment is deemed to be a reference to such Purchase Agreement as amended by this Amendment. If there is a conflict between the terms of this Amendment and any Purchase Agreement, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Company acknowledges that it is unconditionally obligated to pay the remaining balance of the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Investor under the Purchase Agreement, as in effect prior to the date hereof.
Appears in 2 contracts
Samples: No. 1 (Grafiti Holding Inc.), Note Purchase Agreement (Inpixon)
Other Terms Unchanged. The Purchase AgreementAgreements, as amended by this Amendment, the Note, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Purchase Agreement Agreements after the date of this Amendment is deemed to be a reference to such Purchase Agreement as amended by this Amendment. If there is a conflict between the terms of this Amendment and any Purchase Agreement, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Company acknowledges that it is unconditionally obligated to pay the remaining balance of the each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Investor under the Purchase AgreementAgreements, as in effect prior to the date hereof.
Appears in 1 contract
Samples: Global Amendment (Inpixon)
Other Terms Unchanged. The Purchase AgreementTransaction Documents, as amended by this Amendment, the Note, remains and the other Transaction Documents remain and continue continues in full force and effect, constitute constitutes legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Note or the Purchase Agreement after the date of this Amendment is deemed to be a reference to such Purchase Agreement Transaction Document as amended by this Amendment. If there is a conflict between the terms of this Amendment and any Purchase AgreementTransaction Document, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Company Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Investor Lender under the Purchase AgreementNote, as in effect prior to the date hereof.
Appears in 1 contract
Samples: Material Definitive Agreement
Other Terms Unchanged. The Note and the Purchase Agreement, as amended by this Amendment, the Note, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Note or Purchase Agreement after the date of this Amendment is deemed to be a reference to such the Note or the Purchase Agreement as amended by this Amendment. If there is a conflict between the terms of this Amendment and any the Note or the Purchase Agreement, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Company acknowledges that it is unconditionally obligated to pay the remaining balance of the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Investor Lender under the Note or the Purchase Agreement, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Purchase Agreement.
Appears in 1 contract
Other Terms Unchanged. The Purchase AgreementTransaction Documents, as amended by this Amendment, the Note, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any of the Purchase Agreement Transaction Documents after the date of this Amendment is deemed to be a reference to such Purchase Agreement the Transaction Documents as amended by this Amendment. If there is a conflict between the terms of this Amendment and any Purchase Agreementthe Transaction Documents, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Company Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Investor Lender under the Purchase AgreementTransaction Documents, as in effect prior to the date hereof.
Appears in 1 contract
Samples: Global Amendment (Applied UV, Inc.)
Other Terms Unchanged. The Purchase AgreementNotes, as amended by the First Amendment and this Second Amendment, the Note, and the other Transaction Documents remain and continue in full force and effect, constitute legal, valid, and binding obligations of each of the parties, and are in all respects agreed to, ratified, and confirmed. Any reference to any either of the Purchase Agreement Notes after the date of this Second Amendment is deemed to be a reference to such Purchase Agreement Note as amended by the First Amendment and this Second Amendment. If there is a conflict between the terms of this Second Amendment and any Purchase AgreementNote, the terms of this Second Amendment shall control. No forbearance or waiver may be implied by this Second Amendment. Company Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of the each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Second Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Investor Lender under the Purchase AgreementNotes, as in effect prior to the date hereof.
Appears in 1 contract
Samples: Second Global Amendment (Global Arena Holding, Inc.)