Common use of Ratification of Guaranties Clause in Contracts

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement and the other Loan Documents and hereby ratifies and confirms the Guaranty to which it is a party to or for the benefit of Agent and Lenders. Each Guarantor hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement or the Loan Documents shall adversely affect any right or remedy of Agent or Lenders under the Guaranty to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty to which it is a party, all references in such Guaranty to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) to Agent and Lenders (or any of them) under the Loan Documents. Each Guarantor hereby represents and acknowledges that the execution and delivery of this Agreement and any other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor under its respective Guaranty and shall not constitute a waiver by Agent or Lenders of any of Agent’s or Lenders’ rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement and the other Loan Documents Amendment and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement or the Loan Documents Amendment shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) the Bank under the Loan DocumentsAgreement, as amended hereby. Each Guarantor Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agentthe Bank’s or Lenders’ rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement Amendment and the other Loan Documents Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement Amendment or the Loan Documents Revolving Note shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) the Bank under the Loan DocumentsAgreement, as amended hereby. Each Guarantor Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agentthe Bank’s or Lenders’ rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement Amendment and the other Loan Documents Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement Amendment or the Loan Documents Revolving Note shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) Bank under the Loan DocumentsAgreement, as amended hereby, and under the Revolving Note, as amended hereby. Each Guarantor Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agentthe Bank’s or Lenders’ rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement and the other Loan Transaction Documents and hereby ratifies and confirms the Guaranty to which it is a party to or for the benefit of Agent and Lenders. Each Guarantor hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Transaction Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement or the Loan Transaction Documents shall adversely affect any right or remedy of Agent or Lenders under the Guaranty guaranty to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty guaranty to which it is a party, all references in such Guaranty guaranty to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Credit Parties (or any of them) to Agent and Lenders (or any of them) under the Loan Transaction Documents. Each Guarantor hereby represents and acknowledges that the execution and delivery of this Agreement and any other Loan Transaction Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor under its respective Guaranty guaranty and shall not constitute a waiver by Agent or Lenders of any of Agent’s or Lenders’ rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement Amendment and the other Loan Documents Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement Amendment or the Loan Documents Revolving Note shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) Bank under the Loan DocumentsAgreement, as amended hereby, and under the Revolving Note. Each Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, (i) all references in such Guaranty Agreement to “First Interstate Bank of Texas, N.A.” shall be deemed references to “Xxxxx Fargo Bank Texas, National Association” and (ii) the Bank’s notice address shall be amended to read “Xxxxx Fargo Bank Texas, National Association, 0000 Xxxx Xxxxxx, 3rd Floor, MAC 75303-031, Xxxxxx, Xxxxx 00000”. Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agentthe Bank’s or Lenders’ rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement Amendment and the other Loan Documents Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement Amendment or the Loan Documents Revolving Note shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “"Guaranteed Obligations” " shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) Bank under the Loan DocumentsAgreement, as amended hereby, and under the Revolving Note. Each Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank of Texas, N.A." shall be deemed references "Xxxxx Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be amended to read "Xxxxx Fargo Bank Texas, National Association, 0000 Xxxxxxx Xxxx Xxxxxxxxx, Xxxxx 000, Xxxxx, Xxxxx 00000". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement except as specifically provided in this Section 5.02 and shall not constitute a waiver by Agent or Lenders the Bank of any of Agent’s or Lenders’ the Bank's rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement and the other Loan Documents Amendment and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has not revoked, terminated, limited or otherwise modified its obligations under the Guaranty Agreement executed by it in any way and that it has no claims, counterclaims, offsets, credits or defenses to the Guaranty Agreement executed by it or to the other Loan Documents to which it is a party or the performance of its obligations thereunder, all of which obligations are legal, valid and binding in accordance with their terms. Furthermore, each Guarantor agrees that nothing contained in this Agreement or the Loan Documents Amendment shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that that, with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) the Bank under the Loan DocumentsAgreement, as amended hereby, and all indebtedness evidenced by the Revolving Note dated as of November 19, 2008, in the maximum original principal amount of $140,000,000 made by the Borrower payable to the order of the Bank. Each Guarantor Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment, the Revolving Note and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 4.02) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agentthe Bank’s rights or Lenders’ rights remedies against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement and the other Loan Documents Amendment and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent the Bank and Lendersall of its obligations thereunder. Each Guarantor of the Guarantors hereby represents and acknowledges that it has not revoked, terminated, limited or otherwise modified its obligations under the Guaranty Agreement executed by it in any way and that it has no claims, counterclaims, offsets, credits or defenses to the Guaranty Agreement executed by it or to the other Loan Documents to which it is a party or the performance of its obligations thereunder, all of which obligations are legal, valid and binding in accordance with their terms. Furthermore, each Guarantor agrees that nothing contained in this Agreement or the Loan Documents Amendment shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that that, with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) the Bank under the Loan DocumentsAgreement, as amended hereby, and all indebtedness evidenced by the Revolving Note dated as of November 18, 2009, in the maximum original principal amount of $200,000,000 made by the Borrower payable to the order of the Bank. Each Guarantor Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment, the Revolving Note and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 4.02) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agentthe Bank’s rights or Lenders’ rights remedies against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement Amendment and the other Loan Documents Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement Amendment or the Loan Documents Revolving Note shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “"Guaranteed Obligations” " shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) Bank under the Loan DocumentsAgreement, as amended hereby, and under the Revolving Note. Each Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank of Texas, N.A." shall be deemed references to "Xxxxx Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be deemed references to "Xxxxx Fargo Bank Texas, National Association, 0000 Xxxxxxx Xxxx Xxxxxxxxx, Xxxxx 000, Xxxxx, Xxxxx 00000". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agent’s or Lenders’ the Bank's rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement Amendment and the other Loan Documents Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement Amendment or the Loan Documents Revolving Note shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) the Bank under the Loan DocumentsAgreement, as amended hereby. Each Guarantor Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 5.02 ) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agentthe Bank’s or Lenders’ rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement and the other Loan Documents and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement or the Loan Documents shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “"Guaranteed Obligations” " shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) Bank under the Loan Documentsthis Agreement. Each Guarantor hereby represents and also agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to "First Interstate Bank of Texas, N.A." shall be deemed references "Xxxxx Fargo Bank (Texas), National Association". Finally, each of the Guarantors hereby acknowledges that the execution and delivery of this Agreement and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement except as specifically provided in this Section 25 and shall not constitute a waiver by Agent or Lenders the Bank of any of Agent’s or Lenders’ the Bank's rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement Amendment and the other Loan Documents Revolving Note and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent and Lendersthe Bank. Each Guarantor of the Guarantors hereby represents and acknowledges that it has no claims, counterclaims, offsets, credits or defenses to the Loan Documents or the performance of its obligations thereunder. Furthermore, each Guarantor agrees that nothing contained in this Agreement Amendment or the Loan Documents Revolving Note shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “"Guaranteed Obligations” " shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) Bank under the Loan DocumentsAmendment, amended hereby, and under the Revolving Note. Each Guarantor hereby also agrees that with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to (i) "First Interstate Bank of Texas, N.A." shall be deemed references "Xxxxx Fargo Bank Texas, National Association" and (ii) the Bank's notice address shall be amended to read "Xxxxx Fargo Bank Texas, National Association, 0000 Xxxxxxx Xxxx Xxxxxxxxx, Xxxxx 000, Xxxxx, Xxxxx 00000". Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement except as specifically provided in this Section 5.02 and shall not constitute a waiver by Agent or Lenders the Bank of any of Agent’s or Lenders’ the Bank's rights against such Guarantor.

Ratification of Guaranties. Each of the Guarantors hereby acknowledges and consents to all of the terms and conditions of this Agreement and the other Loan Documents Amendment and hereby ratifies and confirms the Guaranty Agreement to which it is a party to or for the benefit of Agent the Bank and Lendersall of its obligations thereunder. Each Guarantor of the Guarantors hereby represents and acknowledges that it has not revoked, terminated, limited or otherwise modified its obligations under the Guaranty Agreement executed by it in any way and that it has no claims, counterclaims, offsets, credits or defenses to the Guaranty Agreement executed by it or to the other Loan Documents to which it is a party or the performance of its obligations thereunder, all of which obligations are legal, valid and binding in accordance with their terms. Furthermore, each Guarantor agrees that nothing contained in this Agreement or the Loan Documents Amendment shall adversely affect any right or remedy of Agent or Lenders the Bank under the Guaranty Agreement to which such Guarantor is a party. Each Guarantor hereby agrees that that, with respect to the Guaranty Agreement to which it is a party, all references in such Guaranty Agreement to the “Guaranteed Obligations” shall include, without limitation, the obligations of the Loan Parties (or any of them) Borrower to Agent and Lenders (or any of them) the Bank under the Loan DocumentsAgreement, as amended hereby, and all indebtedness evidenced by the Revolving Note dated as of November 17, 2010, in the maximum original principal amount of $200,000,000 made by the Borrower payable to the order of the Bank. Each Guarantor Finally, each of the Guarantors hereby represents and acknowledges that the execution and delivery of this Agreement Amendment, the Revolving Note and any the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty Agreement (except as specifically provided in this Section 4.02) and shall not constitute a waiver by Agent or Lenders the Bank of any of Agentthe Bank’s rights or Lenders’ rights remedies against such Guarantor.