Common use of Ratification by Borrower Clause in Contracts

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Amendment) and agrees that: (i) except as expressly modified by this Ninth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Amendment shall not be construed as an agreement to extinguish the Borrower's obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 2 contracts

Samples: Credit Agreement (Culp Inc), Credit Agreement (Culp Inc)

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Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Seventeenth Amendment) and agrees that: (i) except as expressly modified by this Ninth Seventeenth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Seventeenth Amendment shall not be construed as an agreement to extinguish the Borrower's ’s obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Fourteenth Amendment) and agrees that: (i) except as expressly modified by this Ninth Fourteenth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Fourteenth Amendment shall not be construed as an agreement to extinguish the Borrower's ’s obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Loan Agreement (except as expressly modified by this Ninth Amendmentset forth in paragraph 3 above) and agrees that: (i) except as expressly modified by this Ninth First Amendment, the Credit Loan Agreement continues shall continue in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment and performance of its obligations under the Credit Loan Agreement. The Borrower and the Bank agree that this Ninth First Amendment shall not be construed as an agreement to extinguish the Borrower's ’s obligations under the Credit Loan Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the NotesLoan Agreement. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the NotesLoan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Primo Water Corp)

Ratification by Borrower. The Borrower ratifies Borrowers ratify and confirms confirm all of its the representations, warranties, covenants, liabilities and obligations under the Credit Loan Agreement (except as expressly modified by this Ninth Amendmentset forth in paragraph 6 above) and agrees that: (i) except as expressly modified by this Ninth Seventh Amendment, the Credit Loan Agreement continues shall continue in full force and effect as if set forth specifically herein; and (ii) the Borrower has Borrowers have no right of setoff, counterclaim or defense to payment and performance of its obligations under the Credit Loan Agreement. The Borrower Borrowers and the Bank agree that this Ninth Seventh Amendment shall not be construed as an agreement to extinguish the Borrower's Borrowers’ obligations under the Credit Loan Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower Borrowers under the Credit Agreement or the NotesLoan Agreement. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the NotesLoan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Primo Water Corp)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Fifth Amendment) and agrees that: (i) except as expressly modified by this Ninth Fifth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Fifth Amendment shall not be construed as an agreement to extinguish the Borrower's obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Thirteenth Amendment) and agrees that: (i) except as expressly modified by this Ninth Thirteenth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Thirteenth Amendment shall not be construed as an agreement to extinguish the Borrower's obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Fourth Amendment) and agrees that: (i) except as expressly modified by this Ninth Fourth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Fourth Amendment shall not be construed as an agreement to extinguish the Borrower's obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Sixth Amendment) and agrees that: (i) except as expressly modified by this Ninth Sixth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Sixth Amendment shall not be construed as an agreement to extinguish the Borrower's obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

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Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Sixteenth Amendment) and agrees that: (i) except as expressly modified by this Ninth Sixteenth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Sixteenth Amendment shall not be construed as an agreement to extinguish the Borrower's ’s obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Twelfth Amendment) and agrees that: (i) except as expressly modified by this Ninth Twelfth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Twelfth Amendment shall not be construed as an agreement to extinguish the Borrower's obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Eighth Amendment) and agrees that: (i) except as expressly modified by this Ninth Eighth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Eighth Amendment shall not be construed as an agreement to extinguish the Borrower's obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Agreement (except as expressly modified by this Ninth Tenth Amendment) and agrees that: (i) except as expressly modified by this Ninth Tenth Amendment, the Credit Agreement continues in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment of its obligations under the Credit Agreement. The Borrower and the Bank agree that this Ninth Tenth Amendment shall not be construed as an agreement to extinguish the Borrower's obligations under the Credit Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the Notes. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (Culp Inc)

Ratification by Borrower. The Borrower ratifies and confirms all of its representations, warranties, covenants, liabilities and obligations under the Credit Loan Agreement (except as expressly modified by this Ninth Amendmentset forth in paragraph 2 above) and agrees that: (i) except as expressly modified by this Ninth Second Amendment, the Credit Loan Agreement continues shall continue in full force and effect as if set forth specifically herein; and (ii) the Borrower has no right of setoff, counterclaim or defense to payment and performance of its obligations under the Credit Loan Agreement. The Borrower and the Bank agree that this Ninth Second Amendment shall not be construed as an agreement to extinguish the Borrower's ’s obligations under the Credit Loan Agreement or the Notes and shall not constitute a novation as to the obligations of the Borrower under the Credit Agreement or the NotesLoan Agreement. The Bank hereby expressly reserves all rights and remedies it may have against all parties who may be or may hereafter become secondarily liable for the repayment of the obligations under the Credit Agreement or the NotesLoan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Primo Water Corp)

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