Ratification and Acknowledgment. Borrower and each of the other Credit Parties hereby ratify and reaffirm each and every term, covenant and condition set forth in the Credit Agreement and all other documents delivered by such company in connection therewith (including without limitation the other Loan Documents to which Borrower or any other Credit Party is a party), effective as of the date hereof.
Ratification and Acknowledgment. All of the representations, warranties, provisions, covenants, terms and conditions of the Original Agreement not amended herein shall remain unaltered and in full force and effect. The Original Agreement, as amended hereby, is in all respects agreed to, ratified and confirmed by the Company. The Company acknowledges and agrees that the amendments granted herein shall not be construed as establishing a course of conduct on the part of the Purchasers upon which the Company may rely at any time in the future.
Ratification and Acknowledgment. Each of the Holdings and Borrowers hereby ratifies and reaffirms each and every term, covenant and condition set forth in the Credit Agreement and all other Loan Documents executed or delivered by such Credit Party.
Ratification and Acknowledgment. Each of the Borrower, the Initial Guarantors, the Lenders and the Agent does hereby adopt, ratify and confirm the Credit Agreement, as amended hereby, and each of the other Loan Documents to which it is a party and acknowledges and agrees that the Credit Agreement, as amended hereby, and each of the other Loan Documents to which it is a party is and remains in full force and effect.
Ratification and Acknowledgment. Tenant and Guarantor hereby acknowledge the full force and effect of, and ratify their respective obligations under, the Lease, the Guaranty, the LC Agreement and the Stock Pledge, in each case without modification or amendment. -5- 11.
Ratification and Acknowledgment. As amended hereby, the Supplement is in all respects ratified and confirmed and the Supplement as so supplemented by this Amendment shall be read, taken and so construed as one and the same instrument. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party under the Supplement, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.
Ratification and Acknowledgment. The Debtor, for itself, its creditors and its estate, hereby ratifies and confirms for the benefit of Lender, its successors and assigns, the full extent of the Pre-Petition Indebtedness, the enforceability of the Pre-Petition Loan Documents in accordance with their respective terms, and the extent, validity, priority, enforceability and perfection of Lender's lien on and interest in and to the Warrants. The Debtor hereby acknowledges and confirms that it has no defenses, counterclaims, set-offs, recoupments or other claims or rights to disallow, in whole or in part, the Pre-Petition Indebtedness or Lender's lien on and interest in and to the Warrants, and no objection to, or the allowance of, the secured claim of Lender. Prior to the making of any advances hereunder, Lender holds an allowed secured claim to the full extent of the Pre-Petition Indebtedness and will hold an allowed secured claim to the full extent of the Pre-Petition Indebtedness plus all advances hereunder, if any, plus all accrued interest, costs and fees, including attorneys' fees due hereunder.
Ratification and Acknowledgment. Each of the Borrower, the Lenders and the Agent does hereby adopt, ratify and confirm the Agreement, as amended hereby, and acknowledges and agrees that the Agreement, as amended hereby, and each of the other Loan Documents to which it is a party is and remains in full force and effect. Each of the Borrower, the Lenders and the Agent hereby agrees and acknowledges that, as of the Effective Date, the Borrowing Base is $90,000,000 and the Monthly Reduction Amount is $0 as to points in time prior to December 1, 2009 and $2,000,000 thereafter, with the first reduction of the Borrowing Base amount as a result of such Monthly Reduction Amount of $2,000,000 to occur on December 1, 2009.
Ratification and Acknowledgment. Each of the Borrower, the Initial Guarantors, the Lenders and the Agent does hereby adopt, ratify and confirm the Agreement, as amended hereby, and acknowledges and agrees that the Agreement, as amended hereby, and each of the other Loan Documents to which it is a party is and remains in full force and effect.
Ratification and Acknowledgment. Each of the Borrower, the Lenders and the Agent does hereby adopt, ratify and confirm the Agreement, as amended hereby, and acknowledges and agrees that the Agreement, as amended hereby, and each of the other Loan Documents to which it is a party is and remains in full force and effect. Each of the Borrower, the Lenders and the Agent hereby agrees and acknowledges that: (a) as of the Effective Date, the Borrowing Base is $93,500,000, (b) as of the Effective Date, the Revolving Line of Credit No. 2 Loan Available Commitment is $6,500,000, (c) as of the Effective Date the Monthly Reduction Amount is $2,000,000, with the first reduction of the Borrowing Base amount subsequent to the Effective Date as a result of such Monthly Reduction Amount to occur on June 1, 2010.
