Other Terms Unchanged. The Notes, as amended by this Amendment, 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 Notes after the date of this Amendment is deemed to be a reference to such Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and either Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of 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 Lender under the Notes, as in effect prior to the date hereof.
Appears in 2 contracts
Samples: Global Amendment (NAKED BRAND GROUP LTD), Global Amendment (NAKED BRAND GROUP LTD)
Other Terms Unchanged. The NotesNote, as amended by this Amendment, 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 is in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes Note after the date of this Amendment is deemed to be a reference to such the Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and either the Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of 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 Lender Holder under the NotesNote, 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 Note.
Appears in 2 contracts
Samples: Convertible Promissory Note (Abvc Biopharma, Inc.), Convertible Promissory Note (Abvc Biopharma, Inc.)
Other Terms Unchanged. The NotesNote, as amended by this Amendment, 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 is in all respects agreed to, ratified, and confirmed. Any reference to any of the Notes Note after the date of this Amendment is deemed to be a reference to such the Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and either the Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of 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 Lender under the NotesNote, 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 Note.
Appears in 1 contract
Other Terms Unchanged. The Each of the Notes, as amended by this AmendmentAgreement, 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 is in all respects agreed to, ratified, and confirmed. Any reference to any either or both of the Notes after the date of this Amendment Agreement is deemed to be a reference to such Note the Note(s) as amended by this AmendmentAgreement. If there is a conflict between the terms of this Amendment Agreement and either a Note, the terms of this Amendment Agreement shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of 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 Agreement shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender under the Notes, as in effect prior to the date hereof. For the avoidance of doubt, this Agreement shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in each Note.
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