Ratification of Existing Agreements. All of the Borrower's obligations and liabilities to the Bank as evidenced by or otherwise arising under the Credit Agreement, the Note and the other Loan Documents, except as otherwise expressly modified in this Amendment Agreement upon the terms set forth herein, are, by the Borrower's execution of this Amendment Agreement, ratified and confirmed in all respects. In addition, by the Borrower's execution of this Amendment Agreement, the Borrower represents and warrants that no counterclaim, right of set-off or defense of any kind exists or is outstanding with respect to such obligations and liabilities.
Appears in 3 contracts
Samples: Third Amendment Agreement (DSL Net Inc), And Waiver Agreement (DSL Net Inc), Second Amendment Agreement (DSL Net Inc)
Ratification of Existing Agreements. All of the Borrower's obligations and liabilities to the Bank as evidenced by or otherwise arising under the Credit Agreement, the Note and the other Loan Documents, except as otherwise expressly modified in this Amendment Agreement upon the terms set forth herein, are, by the Borrower's execution of this Amendment Agreement, ratified and confirmed in all respects. In addition, by the Borrower's execution of this Amendment Agreement, the Borrower represents and warrants that no counterclaim, right of set-off or defense of any kind exists or is outstanding as of the date hereof with respect to such obligations and liabilities.
Appears in 1 contract
Samples: Second Amendment Agreement (Griffin Land & Nurseries Inc)
Ratification of Existing Agreements. All of the Borrower's ’s obligations and liabilities to the Bank as evidenced by or otherwise arising under the Credit Loan Agreement, the Note and the other Loan Documents, except as otherwise expressly modified in this Amendment Agreement upon the terms set forth herein, are, by the Borrower's ’s execution of this Amendment Agreement, ratified and confirmed in all respects. In addition, by the Borrower's ’s execution of this Amendment Agreement, the Borrower represents and warrants that no counterclaim, right of set-off or defense of any kind exists or is outstanding with respect to such obligations and liabilities. §3.
Appears in 1 contract
Samples: First Amendment Agreement first Amendment Agreement (Scientific Learning Corp)
Ratification of Existing Agreements. All of the Borrower's ’s obligations and liabilities to the Bank as evidenced by or otherwise arising under the Credit Loan Agreement, the Note and the other Loan Documents, except as otherwise expressly modified in this Amendment Agreement upon the terms set forth herein, are, by the Borrower's ’s execution of this Amendment Agreement, ratified and confirmed in all respects. In addition, by the Borrower's ’s execution of this Amendment Agreement, the Borrower represents and warrants that no counterclaim, right of set-off or defense of any kind exists or is outstanding with respect to such obligations and liabilities. §3.
Appears in 1 contract
Samples: Second Amendment Agreement second Amendment Agreement (Scientific Learning Corp)
Ratification of Existing Agreements. All of the Borrower's ’s obligations and liabilities to the Bank Lender as evidenced by or otherwise arising under the Credit Agreement, the Note Notes and the other Loan Other Documents, except as otherwise expressly modified in this Amendment Agreement upon the terms set forth herein, are, by the Borrower's ’s execution of this Amendment Agreement, ratified and confirmed in all respects. In addition, by the Borrower's ’s execution of this Amendment Agreement, the Borrower represents and warrants that no counterclaim, right of set-off or of defense of any kind exists or is outstanding with respect to such obligations and liabilities.
Appears in 1 contract
Ratification of Existing Agreements. All of the Borrower's ----------------------------------- obligations and liabilities to the Bank Lender as evidenced by or otherwise arising under the Credit Loan Agreement, the Note Notes and each and every other document, instrument or agreement executed in connection therewith (the other "Loan Documents, except as otherwise expressly modified in this Amendment Agreement upon the terms set forth herein"), are, by the Borrower's execution of this Amendment Agreement, ratified and confirmed in all respects. In addition, by the Borrower's execution of this Amendment Agreement, the Borrower represents and warrants that no counterclaim, right of set-off off, recoupment or defense of any kind exists or is outstanding with respect to such obligations and liabilities.
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