Ratification of Liability. Each Credit Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document). Each such party (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 13 contracts
Samples: Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.), Financing Agreement
Ratification of Liability. Each Credit PartyCompany, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes Term Note and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Document. Each Credit Party Company further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Document). Each such party (a) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder Lender or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 7 contracts
Samples: Fourth Forbearance Agreement (Wave2Wave Communications, Inc.), Forbearance Agreement (Wave2Wave Communications, Inc.), Sixth Forbearance Agreement (Wave2Wave Communications, Inc.)
Ratification of Liability. Each Credit PartyAs of the Second Amendment Effective Date, the Company and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Second Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction other Loan Document. Each Credit Party As of the Second Amendment Effective Date, the Company and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Amended Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction other Loan Document). Each such party As of the Second Amendment Effective Date, the Company and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewithAmendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction DocumentsSection 7.
Appears in 4 contracts
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement
Ratification of Liability. Each Credit PartyBorrower, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party or guarantorparties, as the case may be, under the Transaction Loan Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Loan Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, Credit Agreement and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document. Each Credit Party Borrower further agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply to all obligations Obligations as defined in the Credit Agreement, as modified hereby (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document). Each such Such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Loan Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations Obligations under the Transaction Credit Agreement or other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Great American Group, Inc.), Credit Agreement (Great American Group, Inc.), Forbearance Agreement (Great American Group, Inc.)
Ratification of Liability. Each Credit Partyof the Loan Parties as debtors, as debtorgrantors, grantorpledgors, pledgorguarantors, guarantor, assignorassignors, or in other similar capacity capacities in which such party grants Loan Parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Loan Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party Loan Party is a party, and each such party Loan Party hereby ratifies and reaffirms its such Loan Party's grant of liens on or security interests interest in its properties pursuant to such Transaction Loan Documents to which it is a party as security for the obligations Obligations under the GE Loan Agreement or with respect to the Financing Liabilities under the TCFC Loan Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations and Liabilities, including, without limitation, all additional obligations Obligations and Liabilities hereafter arising or incurred pursuant to or in connection with this Amendment either Loan Agreement or any Transaction other Loan Document. Each Credit Party further of the Loan Parties hereby agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply applies to all obligations Obligations and Liabilities as defined in the applicable Loan Agreement, as modified hereby (including, without limitation, all additional obligations Obligations and Liabilities hereafter arising or incurred pursuant to or in connection with this Amendment either Loan Agreement or any Transaction other Loan Document). Each such party of the Loan Parties (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Loan Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the The execution of this Amendment Agreement shall not operate as a waiver of or any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of or any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations Obligations and Liabilities under the Transaction Loan Agreements or other Loan Documents.
Appears in 3 contracts
Samples: Forbearance Agreement (Travis Boats & Motors Inc), Forbearance Agreement (Travis Boats & Motors Inc), Forbearance Agreement (Travis Boats & Motors Inc)
Ratification of Liability. Each The Borrower and the other Credit PartyParties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Loan Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Credit Agreement, the Notes and the other Transaction Documents, confirm and confirms and agrees agree that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, including all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document. Each The Borrower and the other Credit Party Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as defined in the Credit Agreement, as modified hereby (including, without limitation, including all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Loan Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the AgentLender Party, nor constitute a waiver of any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations Obligations under the Transaction Credit Agreement or other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Spinal Elements Holdings, Inc.), Credit Agreement (Spinal Elements Holdings, Inc.), Credit Agreement (Spinal Elements Holdings, Inc.)
Ratification of Liability. Each Issuer and the other Credit PartyParties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Second Lien Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Second Lien Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Second Lien Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsSecond Lien Indenture, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Second Lien Indenture or any Transaction other Second Lien Document. Each Issuer and the other Credit Party Parties further agrees agree and reaffirms reaffirm that the Transaction Second Lien Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Second Lien Indenture (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Second Lien Indenture or any Transaction other Second Lien Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, Second Lien Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder Noteholder or the AgentTrustee, nor constitute a waiver of any provision of any of the Transaction Second Lien Documents nor constitute a novation of any of the obligations Obligations under the Transaction Second Lien Indenture or other Second Lien Documents.
Appears in 2 contracts
Samples: Forbearance Agreement (Blackstone / GSO Capital Solutions Fund LP), Forbearance Agreement (Saratoga Resources Inc /Tx)
Ratification of Liability. Each Credit PartyAs of the Fourth Amendment Effective Date, the Company and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Fourth Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction other Loan Document. Each Credit Party As of the Fourth Amendment Effective Date, the Company and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Amended Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction other Loan Document). Each such party As of the Fourth Amendment Effective Date, the Company and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewithAmendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction DocumentsSection 9.
Appears in 2 contracts
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)
Ratification of Liability. Each Credit PartyBorrower and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Loan Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Credit Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document. Each Credit Party Borrower and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Credit Agreement, (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, same and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, Loan Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 2 contracts
Samples: Second Forbearance Agreement (Gulfport Energy Corp), First Forbearance Agreement (Gulfport Energy Corp)
Ratification of Liability. Each Credit PartyPrincipal Borrower, as debtor, grantor, pledgor, guarantor, assignor, assignor or in any other similar capacity in which such party it grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documentsproperties, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document (as amended hereby) to which such party it is a party, and each such party Principal Borrower hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents (as amended hereby) to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsDocuments (as amended hereby), and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsDocuments (as amended hereby), including, without limitation, including all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction DocumentDocument (as amended hereby). Each Credit Party Principal Borrower further agrees and reaffirms that the Transaction Documents (as amended hereby) to which it is a party now apply to all obligations as modified hereby (including, without limitation, including all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction DocumentDocument (as amended hereby)). Each such party Principal Borrower (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified amended hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder Lender or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents (as amended hereby), nor constitute a novation of any of the obligations under the Transaction DocumentsDocuments (as amended hereby).
Appears in 2 contracts
Samples: Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Unigene Laboratories Inc)
Ratification of Liability. Each Credit Party(a) Borrower, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity capacities in which such party grants Borrower grant liens or security interests in its properties or otherwise acts act as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each of such Transaction Document Documents to which such party it is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests interests, all of which are valid, properly perfected and have the priority required by the Transaction Documents, hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any the Transaction DocumentDocuments. Each Credit Party Borrower further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby Obligations owing under the Note (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Agreement the Transaction Document). Each such party Borrower (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a an amendment or waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations Obligations under the Transaction Documents.
Appears in 2 contracts
Samples: Forbearance Agreement (Medite Cancer Diagnostics, Inc.), Forbearance Agreement (Guided Therapeutics Inc)
Ratification of Liability. Each Credit Partyof Borrower and each Guarantor, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Loan Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Loan Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Credit Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document. Each Credit Party Borrower and each Guarantor further agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply to all obligations Obligations as modified hereby defined in the Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, Loan Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the AgentLender Party, nor constitute a waiver of any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations Obligations under the Transaction Credit Agreement or other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Medical Staffing Network Holdings Inc), Forbearance Agreement (Medical Staffing Network Holdings Inc)
Ratification of Liability. Each Credit PartyParty and Holdings, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens Liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Loan Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Loan Document to which such party Person is a party, and each such party hereby ratifies and reaffirms its grant of liens Liens on or and security interests in its properties pursuant to such Transaction Loan Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Credit Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens Liens and security interests hereafter secure all of the obligations Obligations under the Transaction Loan Documents, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment the Credit Agreement, as amended hereby, or any Transaction Documentother Loan Documents. Each Credit Party and Holdings further agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply to all obligations Obligations as modified hereby (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment the Credit Agreement, as amended hereby, or any Transaction Documentother Loan Documents). Each such party (ai) further acknowledges receipt of a copy of this Amendment Amendment, all previous amendments to the Credit Agreement and all other agreements, documents, documents and instruments executed or delivered in connection herewithherewith or therewith, (bii) consents to the terms and conditions of same, same and (ciii) agrees and acknowledges that each of the Transaction Loan Documents, as modified herebyhereby and thereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations Obligations under the Transaction Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)
Ratification of Liability. Each Issuer and the other Credit PartyParties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction First Lien Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such First Lien Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction First Lien Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsFirst Lien Indenture, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the First Lien Indenture or any Transaction other First Lien Document. Each Issuer and the other Credit Party Parties further agrees agree and reaffirms reaffirm that the Transaction First Lien Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the First Lien Indenture (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the First Lien Indenture or any Transaction other First Lien Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, First Lien Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder Noteholder or the AgentTrustee, nor constitute a waiver of any provision of any of the Transaction First Lien Documents nor constitute a novation of any of the obligations Obligations under the Transaction First Lien Indenture or other First Lien Documents.
Appears in 2 contracts
Samples: Forbearance Agreement (Blackstone / GSO Capital Solutions Fund LP), Forbearance Agreement to First Lien Indenture (Saratoga Resources Inc /Tx)
Ratification of Liability. Each Credit Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, Borrower hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party Borrower is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Loan Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Loan Documents, and confirms and agrees that such liens and security interests interests, all of which are valid, properly perfected and have the priority required by the Loan Documents, hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Documentthe Loan Documents. Each Credit Party Xxxxxxxx further agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply to all obligations as modified hereby Obligations owing under the Note (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction DocumentAgreement). Each such party Borrower (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, Loan Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a an amendment or waiver of any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations Obligations under the Transaction Loan Documents.
Appears in 2 contracts
Samples: Forbearance Agreement, Forbearance Agreement
Ratification of Liability. Each Credit PartyAs of the Sixth Amendment Effective Date, the Company and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Sixth Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Sixth Amendment, the Amended Credit Agreement or any Transaction other Loan Document. Each Credit Party As of the Sixth Amendment Effective Date, the Company and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Amended Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Sixth Amendment, the Amended Credit Agreement or any Transaction other Loan Document). Each such party As of the Sixth Amendment Effective Date, the Company and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewithSixth Amendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)
Ratification of Liability. Each Credit Partyof Borrower and the Guarantors, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Credit Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Credit Documents and the Forbearance Agreement to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Credit Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, Credit Agreement and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Forbearance Agreement, the Credit Agreement or any Transaction other Credit Document. Each Credit Party Borrower and the Guarantors each further agrees and reaffirms that the Transaction Credit Documents to which it is a party now apply to all obligations Obligations as defined in the Credit Agreement, as modified hereby (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Forbearance Agreement, the Credit Agreement or any Transaction other Credit Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that the Forbearance Agreement and each of the Transaction Credit Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Credit Documents nor constitute a novation of any of the obligations Obligations under the Transaction Forbearance Agreement, the Credit Agreement or other Credit Documents.
Appears in 1 contract
Ratification of Liability. Each Credit PartyAs of the First Amendment Effective Date, the Company and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the First Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction other Loan Document. Each Credit Party As of the First Amendment Effective Date, the Company and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Amended Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction other Loan Document). Each such party As of the First Amendment Effective Date, the Company and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewithAmendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction DocumentsSection 7.
Appears in 1 contract
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)
Ratification of Liability. Each Credit Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Documents to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document). Each such party (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Ratification of Liability. Each Credit PartyAs of the Fifteenth Amendment Effective Date, the Borrower and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Fifteenth Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, including all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with the Amendment, the Amended Credit Agreement or any other Loan Document. As of the Fifteenth Amendment Effective Date, the Borrower and the other Loan Parties further agree and reaffirm that the Loan Documents to which they are parties now apply to all Obligations as defined in the Amended Credit Agreement (including all additional Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction other Loan Document). Each such party As of the Fifteenth Amendment Effective Date, the Borrower and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewiththe Amendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Ratification of Liability. Each Credit PartyBorrower and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Loan Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties (including the Collateral) pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Credit Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document. Each Credit Party Borrower and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewithAgreement, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, Loan Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction DocumentsSECTION 6.
Appears in 1 contract
Samples: Basic Energy Services Inc
Ratification of Liability. Each Credit PartyAs of the Seventh Amendment Effective Date, the Company and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Seventh Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Seventh Amendment, the Amended Credit Agreement or any Transaction other Loan Document. Each Credit Party As of the Seventh Amendment Effective Date, the Company and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Amended Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Seventh Amendment, the Amended Credit Agreement or any Transaction other Loan Document). Each such party As of the Seventh Amendment Effective Date, the Company and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewithSeventh Amendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.3
Appears in 1 contract
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)
Ratification of Liability. Each Credit PartyAs of the Thirteenth Amendment Effective Date, the Borrower and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Thirteenth Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with the Amendment, the Amended Credit Agreement or any other Loan Document. As of the Thirteenth Amendment Effective Date, the Borrower and the other Loan Parties further agree and reaffirm that the Loan Documents to which they are parties now apply to all Obligations as defined in the Amended Credit Agreement (including, without limitation, all additional Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction other Loan Document). Each such party As of the Thirteenth Amendment Effective Date, the Borrower and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewiththe Amendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Ratification of Liability. Each Credit PartyAs of the Fifth Amendment Effective Date, the Company and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Fifth Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Fifth Amendment, the Credit Agreement or any Transaction other Loan Document. Each Credit Party As of the Fifth Amendment Effective Date, the Company and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Fifth Amendment, the Credit Agreement or any Transaction other Loan Document). Each such party As of the Fifth Amendment Effective Date, the Company and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewithFifth Amendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction DocumentsSection 8.
Appears in 1 contract
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)
Ratification of Liability. Each Borrowers and the other Credit PartyParties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Financing Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Financing Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Financing Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Credit Agreement, the Notes and the other Transaction Documents, confirm and confirms and agrees agree that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Financing Document. Each Borrowers and the other Credit Party Parties further agrees agree and reaffirms reaffirm that the Transaction Financing Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Financing Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, Financing Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Samples: Standstill Agreement (ViewRay, Inc.)
Ratification of Liability. Each Credit Borrower and each other Loan Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity capacities in which such party grants Loan Parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Loan Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party Loan Party is a party, and each such party Loan Party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Loan Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes Credit Agreement and the each other Transaction DocumentsLoan Document, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document. Each Credit Borrower and each other Loan Party further agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply to all obligations Obligations as modified hereby defined in the Credit Agreement, (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document). Each such party Loan Party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, Loan Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the AgentLender Party, nor constitute a waiver of any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations Obligations under the Transaction Credit Agreement or the other Loan Documents.
Appears in 1 contract
Samples: Forbearance Agreement (Magnachip Semiconductor LLC)
Ratification of Liability. Each Credit Partyof Borrower and the Guarantors, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Credit Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Credit Documents and the Amended Forbearance Agreement to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Credit Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, Credit Agreement and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Third Amendment, the Amended Forbearance Agreement, the Credit Agreement or any Transaction other Credit Document. Each Credit Party Borrower and the Guarantors each further agrees and reaffirms that the Transaction Credit Documents to which it is a party now apply to all obligations Obligations as defined in the Credit Agreement, as modified hereby (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Third Amendment, the Amended Forbearance Agreement, the Credit Agreement or any Transaction other Credit Document). Each such party (ai) further acknowledges receipt of a copy of this Third Amendment and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that the Amended Forbearance Agreement and each of the Transaction Credit Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Third Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Credit Documents nor constitute a novation of any of the obligations Obligations under the Transaction Amended Forbearance Agreement, the Credit Agreement or other Credit Documents.
Appears in 1 contract
Ratification of Liability. Each The Issuer and the other Credit PartyParties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Note Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Note Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Note Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Note Agreement, the Notes and the other Transaction Documents, confirm and confirms and agrees agree that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, including all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Note Agreement or any Transaction other Note Document. Each The Issuer and the other Credit Party Parties further agrees agree and reaffirms reaffirm that the Transaction Note Documents to which it is a party they are parties now apply to all obligations Obligations as defined in the Note Agreement, as modified hereby (including, without limitation, including all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Note Agreement or any Transaction other Note Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Note Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Agent or any Lender, any Holder or the AgentPurchaser, nor constitute a waiver of any provision of any of the Transaction Note Documents nor constitute a novation of any of the obligations Obligations under the Transaction Note Agreement or other Note Documents.
Appears in 1 contract
Samples: Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.)
Ratification of Liability. Each Credit Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction DocumentsLoan Agreement, the Guaranty or any other Credit Document, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Credit Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Credit Documents to which it is a party as security for the obligations under or with respect to the Financing Loan Agreement, the Notes and the other Transaction Credit Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Credit Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Credit Document. Each Credit Party further agrees and reaffirms that the Transaction Credit Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Credit Document). Each such party (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Credit Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Credit Documents nor constitute a novation of any of the obligations under the Transaction Credit Documents.
Appears in 1 contract
Ratification of Liability. Each Credit Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Document). Each such party (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Ratification of Liability. Each Credit Partyof Borrower and the Guarantors, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Credit Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Credit Documents and the Amended Forbearance Agreement to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Credit Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, Credit Agreement and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Second Amendment, the Amended Forbearance Agreement, the Credit Agreement or any Transaction other Credit Document. Each Credit Party Borrower and the Guarantors each further agrees and reaffirms that the Transaction Credit Documents to which it is a party now apply to all obligations Obligations as defined in the Credit Agreement, as modified hereby (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Second Amendment, the Amended Forbearance Agreement, the Credit Agreement or any Transaction other Credit Document). Each such party (ai) further acknowledges receipt of a copy of this Second Amendment and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that the Amended Forbearance Agreement and each of the Transaction Credit Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Second Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Credit Documents nor constitute a novation of any of the obligations Obligations under the Transaction Amended Forbearance Agreement, the Credit Agreement or other Credit Documents.
Appears in 1 contract
Ratification of Liability. Each Credit Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document). Each such party (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Ratification of Liability. Each Credit PartyBorrower, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Loan Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Loan Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Loan Documents to which it is a party as security for the obligations under or with respect to the Financing Loan Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Loan Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Loan Document. Each Credit Party Borrower further agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Loan Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Loan Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any the Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations under the Transaction Loan Documents.
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Ratification of Liability. Each Credit PartyAs of the First Amendment Effective Date, the Borrower and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the First Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with the Amendment, the Amended Credit Agreement or any other Loan Document. As of the First Amendment Effective Date, the Borrower and the other Loan Parties further agree and reaffirm that the Loan Documents to which they are parties now apply to all Obligations as defined in the Amended Credit Agreement (including, without limitation, all additional Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction other Loan Document). Each such party As of the First Amendment Effective Date, the Borrower and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewiththe Amendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
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Ratification of Liability. Each Credit PartyAs of the Twelfth Amendment Effective Date, the Borrower and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Twelfth Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with the Amendment, the Amended Credit Agreement or any other Loan Document. As of the Twelfth Amendment Effective Date, the Borrower and the other Loan Parties further agree and reaffirm that the Loan Documents to which they are parties now apply to all Obligations as defined in the Amended Credit Agreement (including, without limitation, all additional Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Amended Credit Agreement or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction other Loan Document). Each such party As of the Twelfth Amendment Effective Date, the Borrower and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewiththe Amendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
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Ratification of Liability. Each Credit The Borrowers, the Guarantors and the Pledgors (each, a “Borrower Party”, and, collectively, the “Borrower Parties”) each, as debtordebtors, grantorgrantors, pledgorindemnitors, guarantorjoinder parties, assignorpledgors, guarantors, assignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorin a similar capacity, as the case may be, under the Transaction Loan Agreement and other Loan Documents, each hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is a party, and each such party of the Borrower Parties hereby ratifies and reaffirms its grant of liens Liens on or security interests in the Projects to secure all of its properties pursuant respective obligations under or with respect to such Transaction the Loan Agreement and other Loan Documents to which it is a party as security for (the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents“Obligations”), and confirms and agrees that such liens Liens and security interests hereafter secure all of the obligations under the Transaction Documentssuch Obligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Loan Agreement or any Transaction Documentother Loan Documents. Each Credit Party The Borrower Parties each further agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply to all obligations as modified hereby of the Borrowers’ Obligations (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Loan Agreement or any Transaction other Loan Document). Each such party Borrower Party (ai) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Loan Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Samples: Loan Agreement (Tarragon Corp)
Ratification of Liability. Each Credit PartyCompany, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents to which it is a party as security for the obligations under or with respect to the Financing AgreementAmended SPA, the Notes Revolving Note and the other Transaction DocumentsTerm Note, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Document. Each Credit Party Company further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Document). Each such party (a) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder the Lender or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
Appears in 1 contract
Ratification of Liability. Each Credit Partyof Borrower and the Guarantors, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Credit Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Credit Documents to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Credit Documents to which it is a party as security for the obligations Obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, Credit Agreement and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Credit Document. Each Credit Party Borrower and the Guarantors each further agrees and reaffirms that the Transaction Credit Documents to which it is a party now apply to all obligations Obligations as defined in the Credit Agreement, as modified hereby (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Credit Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Credit Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Credit Documents nor constitute a novation of any of the obligations Obligations under the Transaction Credit Agreement or other Credit Documents.
Appears in 1 contract
Ratification of Liability. Each Credit PartyBorrower, as a debtor, grantor, pledgor, guarantor, assignor, or in any other similar capacity capacities in which such party Borrower grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each of such Transaction Document Documents to which such party Borrower is a party, and each such party Borrower hereby ratifies and reaffirms its grant of liens on or and security interests in its properties pursuant to such the Transaction Documents to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Loan Agreement or any other Transaction Document. Each Credit Party Borrower further agrees and reaffirms that each of the Transaction Documents to which it is a party now apply applies to all obligations Obligations, as modified hereby by this Amendment (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Amendment, the Loan Agreement or any other Transaction Document). Each such party Borrower (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified and effected hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any the Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents Documents, nor constitute a novation of any of the obligations Obligations under the Loan Agreement or the other Transaction Documents.
Appears in 1 contract
Ratification of Liability. Each The Issuer and the other Credit PartyParties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Note Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Note Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Note Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Note Agreement, the Notes and the other Transaction Documents, confirm and confirms and agrees agree that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, including all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Note Agreement or any Transaction other Note Document. Each The Issuer and the other Credit Party Parties further agrees agree and reaffirms reaffirm that the Transaction Note Documents to which it is a party they are parties now apply to all obligations Obligations as defined in the Note Agreement, as modified hereby (including, without limitation, including all additional obligations Table of Contents Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Note Agreement or any Transaction other Note Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Note Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the AgentPurchaser Party, nor constitute a waiver of any provision of any of the Transaction Note Documents nor constitute a novation of any of the obligations Obligations under the Transaction Note Agreement or other Note Documents.
Appears in 1 contract
Samples: Note Purchase Agreement (Spinal Elements Holdings, Inc.)
Ratification of Liability. Each Credit PartyAs of the Eighth Amendment Effective Date, the Company and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction DocumentsLoan Documents to which they are a party, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is they are a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction DocumentsObligations, and as of the Eighth Amendment Effective Date, each such Person hereby confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Eighth Amendment, the Amended Credit Agreement or any Transaction other Loan Document. Each Credit Party As of the Eighth Amendment Effective Date, the Company and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Amended Credit Agreement (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Eighth Amendment, the Amended Credit Agreement or any Transaction other Loan Document). Each such party As of the Eighth Amendment Effective Date, the Company and the other Loan Parties (a) further acknowledges acknowledge receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewithEighth Amendment, (b) consents consent to the terms and conditions of same, and (c) agrees agree and acknowledges acknowledge that each of the Transaction Documents, as modified hereby, remains Loan Documents to which they are a party remain in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction DocumentsSection 7.
Appears in 1 contract
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)
Ratification of Liability. Each Credit Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Documents to which it is a party as security for the obligations under or with respect to the Financing Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction Document). Each such party (a) further acknowledges receipt of a copy of this Amendment and all other agreements, documents, and instruments executed or delivered in connection herewith, (b) consents to the terms and conditions of same, and (c) agrees and acknowledges that each of the Transaction Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.. 0 = 1 US_143161607v2
Appears in 1 contract
Ratification of Liability. Each Credit Loan Party, as debtor, grantor, pledgor, guarantor, assignor, or in other similar capacity in which such party grants liens or security interests in its properties or otherwise acts as an accommodation party or guarantor, as the case may be, under the Transaction Loan Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Loan Document to which such party is a party, and each such party hereby ratifies and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction Loan Documents to which it is a party as security for the obligations under or with respect to the Financing Credit Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Loan Documents, including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Loan Document. Each Credit Loan Party further agrees and reaffirms that the Transaction Loan Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement or any Transaction Loan Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Loan Documents, as modified hereby, remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the AgentLender Party, nor constitute a waiver of any provision of any of the Transaction Loan Documents nor constitute a novation of any of the obligations under the Transaction Loan Documents.
Appears in 1 contract
Ratification of Liability. Each Credit PartyBorrower and the other Loan Parties, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants parties grant liens or security interests in its their properties or otherwise acts act as an accommodation party parties or guarantorguarantors, as the case may be, under the Transaction Loan Documents, hereby ratifies ratify and reaffirms reaffirm all of its their payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party it is a party, and each such party hereby ratifies ratify and reaffirms its grant reaffirm their grants of liens on or security interests in its their properties pursuant to such Transaction Loan Documents to which it is they are a party party, respectively, as security for the obligations Obligations under or with respect to the Financing Credit Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction DocumentsObligations, including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document. Each Credit Party Borrower and the other Loan Parties further agrees agree and reaffirms reaffirm that the Transaction Loan Documents to which it is a party they are parties now apply to all obligations Obligations as modified hereby defined in the Credit Agreement, (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Credit Agreement or any Transaction other Loan Document). Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that that, except as expressly provided herein, each of the Transaction Documents, as modified hereby, Loan Documents remains in full force and effect and is hereby ratified and confirmed. Except as expressly provided herein, the execution of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, any Holder or the Agent, nor constitute a waiver of any provision of any of the Transaction Documents nor constitute a novation of any of the obligations under the Transaction Documents.
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Ratification of Liability. Each Credit Partyof the Obligors, as debtordebtors, grantorgrantors, pledgorpledgors, guarantorguarantors, assignorassignors, or in other similar capacity capacities in which such party grants liens parties otherwise act as accommodation parties or security interests in its properties or otherwise acts as an accommodation party or guarantorguarantors, as the case may be, under the Transaction Loan Documents, hereby ratifies and reaffirms all of its payment and performance obligations and obligations to indemnify, contingent or otherwise, under each Transaction Document of such Loan Documents to which such party is a party, and agrees that this Agreement shall not affect any of such obligations other than as expressly provided herein. The Obligors each such party hereby ratifies further agree and reaffirms its grant of liens on or security interests in its properties pursuant to such Transaction reaffirm that the Loan Documents to which it is a party as security for the obligations under or with respect now apply to the Financing Agreement, the Notes and the other Transaction Documents, and confirms and agrees that such liens and security interests hereafter secure all of the obligations under the Transaction Documents, Obligations (including, without limitation, all additional obligations Obligations hereafter arising or incurred pursuant to or in connection with this Amendment Agreement, the Financing Agreement or any Transaction Document. Each Credit Party further agrees and reaffirms that the Transaction Documents to which it is a party now apply to all obligations as modified hereby (including, without limitation, all additional obligations hereafter arising or incurred pursuant to or in connection with this Amendment or any Transaction other Loan Document), and confirms and agrees that to the extent that any such Loan Document purports to assign or pledge to the Collateral Agent for the benefit of the Agents and the Lenders, or to grant to the Collateral Agent for the benefit of the Agents and the Lenders a security interest in or Lien on, any Collateral as security for the Obligations of the Obligors from time to time existing in respect of the Financing Agreement and the other Loan Documents, such pledge, assignment and/or grant of the security interest or Lien is hereby ratified and confirmed in all respects. Each such party (ai) further acknowledges receipt of a copy of this Amendment Agreement and all other agreements, documents, and instruments executed or and/or delivered in connection herewith, (bii) consents to the terms and conditions of same, and (ciii) agrees and acknowledges that each of the Transaction Documents, as modified hereby, Loan Documents remains in full force and effect and is hereby ratified and confirmedconfirmed in all respects except that on and after the Forbearance Effective Date all references in any such Loan Document to the "Financing Agreement," the "Agreement," "thereto," "thereof," "thereunder" or words of like import referring to the Financing Agreement shall mean the Financing Agreement as amended by this Agreement and that this Agreement constitutes a Loan Document. Except as expressly provided herein, the execution of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of the Agents or any Lender, Consenting Lender under the Financing Agreement or any Holder or the Agentother Loan Document, nor constitute a waiver of any provision of the Financing Agreement or any of the Transaction Documents other Loan Document, nor constitute a novation of any of the obligations under the Transaction DocumentsObligations thereunder.
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Samples: Forbearance and Ninth Amendment Agreement (Peekay Boutiques, Inc.)