Ratification of Guaranty. Each Guarantor hereby ratifies and confirms its Guaranty and 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 Amendment shall adversely affect any right or remedy of the Administrative Agent or the Lenders under its respective Guaranty. Each Guarantor agrees that all references in such Guaranty to either the “Guaranteed Obligations” or the “Guarantied Obligations”, as applicable, shall include, without limitation, all of the obligations of the Borrower to the Administrative Agent and the Lenders under the Credit Agreement, as amended by this Amendment. Finally, each Guarantor hereby represents and warrants that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty and shall not constitute a waiver by the Administrative Agent or the Lenders of any of their rights against such Guarantor.
Appears in 4 contracts
Samples: Credit Agreement (Heartland Payment Systems Inc), Credit Agreement (Heartland Payment Systems Inc), Credit Agreement (Heartland Payment Systems Inc)
Ratification of Guaranty. Each Guarantor Parent hereby acknowledges and consents to all of the terms and conditions of this Agreement and the Loan Documents and hereby ratifies and confirms its the Guaranty for the benefit of Agent and each Lenders. 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 Amendment Agreement or the Loan Documents shall adversely affect any right or remedy of the Administrative either Agent or the Lenders under its respective the Guaranty. Each Guarantor hereby agrees that with respect to the Guaranty, all references in such Guaranty to either the “Guaranteed Obligations” or the “Guarantied Obligations”, as applicable, shall include, without limitation, all of the obligations of the Borrower Companies to the Administrative Agent and the Lenders under the Credit Financing Agreement, as amended by this Amendmenthereby. Finally, each Guarantor hereby represents and warrants acknowledges that the execution and delivery of this Amendment Agreement and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective Guaranty and each other Loan Document to which it is a party and shall not constitute a waiver by the Administrative either Agent or the Lenders any Lender of any of their either Agent’s or any Lender’s rights against such Guarantor.
Appears in 3 contracts
Samples: Financing Agreement (United Fuel & Energy Corp), Forbearance Agreement and Third Amendment to Second Amended and Restated Financing Agreement (United Fuel & Energy Corp), Forbearance Agreement and Sixth Amendment to Second Amended and Restated Financing Agreement (United Fuel & Energy Corp)
Ratification of Guaranty. Each As of each of the date hereof, the Effective Date and the Subsequent Satisfaction Date, each Guarantor hereby ratifies and confirms its Guaranty guaranty to Agent and Lenders (the “Guaranty”) and 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 Amendment shall adversely affect any right or remedy of the Administrative Agent or the Lenders under its respective the Guaranty. Each Guarantor agrees that all references in such Guaranty to either the “Guaranteed Obligations” or the “Guarantied Obligations”, as applicable, shall include, without limitation, all of the obligations of the Borrower Borrowers to the Administrative Agent and the Lenders under the Credit Agreement, as amended by this Amendmenthereby. Finally, each Guarantor hereby represents and warrants acknowledges, as of each of the date hereof, the Effective Date and the Subsequent Satisfaction Date, that the execution and delivery of this Amendment and the other Loan Documents executed in connection herewith shall in no way change or modify its obligations as a guarantor, debtor, pledgor, assignor, obligor and/or grantor under its respective the Guaranty and shall not constitute a waiver by the Administrative Agent or the Lenders of any of their rights against such Guarantor.
Appears in 1 contract