REAFFIRMATION OF BORROWER. Borrower hereby represents and ------------------------- warrants to Agent and Lender that (i) the representations and warranties set forth in Section 5 of the Credit Agreement are true and correct on and as of the date hereof, except to the extent (a) that any such representations or warranties relate to a specific date, or (b) of changes thereto as a result of transactions for which Agent and Lender have granted their consent; (ii) to the best of Borrower's knowledge, on the date hereof it is in compliance with all of the terms and provisions set forth in the Credit Agreement as hereby amended; and (iii) to the best of Borrower's knowledge, upon execution hereof no Default or Event of Default has occurred and is continuing or has not previously been waived.
REAFFIRMATION OF BORROWER. Borrower hereby renews, reaffirm, ratifies and confirms the Loan Documents to which it is a party and acknowledges and agrees that the Loan Documents remain in full force and effect without impairment and without modification (except as specifically provided herein), and that no rights or remedies of Lender under the Loan Documents have been waived. Borrower agrees to continue to pay, perform, and discharge each and every obligation of payment and performance under, pursuant to and as set forth in the Loan Documents to which it is a party at the time, in the manner and otherwise in all respects as therein provided. Borrower hereby acknowledges, agrees and warrants that there are no rights of set-off or counterclaim, nor any defenses of any kind, whether legal, equitable or otherwise, which would enable Borrower to avoid or delay timely performance of its obligations under the Loan Documents.
REAFFIRMATION OF BORROWER. Borrower hereby reaffirms the representations and warranties contained in the Sparton Corporation Loan Documents as if made as of the date of this Agreement. Borrower has fully complied with all covenants and agreements to be complied with or performed by it under the Sparton Corporation Loan Documents to which it is a party and Borrower is not presently in default under any Sparton Corporation Loan Document to which it is a party. Borrower has the full power and authority to enter into this Amendment.
REAFFIRMATION OF BORROWER. Contemporaneously with the consummation of the Aldabra Transactions, the Successor Borrower shall execute and deliver to the Bank a Reaffirmation, Ratification and Assumption Agreement, substantially in the form attached hereto as Exhibit I and such other documents as may be reasonably requested by the Bank or Ex-Im Bank to assure themselves of the continuing effectiveness of the International Loan Documents being reaffirmed, ratified and assumed by the Successor Borrower.
REAFFIRMATION OF BORROWER. Borrower hereby acknowledges and reaffirms the Revolving Loan and its liability for payment thereof. Borrower agrees, represents, and warrants that (a) no setoff, counterclaim, or defense exists with respect to its liability under the Revolving Loan and that no other claim against the Bank exists and waives its right to raise any such setoff, counterclaim, defense, or claim against the Bank arising out of occurrences on or prior to the date hereof, (b) except as set forth in amended Schedules 5(d) and 5(r) to the Loan Agreement attached hereto, all the representations and warranties contained in the Loan Agreement, after giving effect to the amendments and modifications contemplated hereby, are true and correct on and as of the date hereof as though made on and as of the date hereof, (c) the Borrower has taken all corporate or other action necessary to make this Modification Agreement and all agreements and instruments executed in connection herewith the valid and enforceable obligations they purport to be, and (d) no default or breach under any of the Documents after giving effect to the amendments contemplated hereby, and no event which the passage of time or giving of notice or both would constitute such a default or breach, exists on the date hereof.
REAFFIRMATION OF BORROWER. The Borrower has executed and delivered the Amended and Restated General Security Agreement dated as of October 25, 2006 as amended, in favor of Administrative Agent (“Borrower GSA”). Borrower hereby reaffirms, ratifies and confirms the execution and delivery and all of the terms and provisions of the Borrower GSA, and agrees that the Borrower GSA remains in full force and effect, is a legal, valid and binding obligation of Borrower and that the obligations secured thereunder include, without limitation, all Indebtedness under the Agreement including, without limitation, Designated Hedge Agreements, as such term has been modified by this Amendment.
REAFFIRMATION OF BORROWER. Borrower hereby represents and warrants to Agent and Lender that (i) the representations and warranties set forth in Section 5 of the Credit Agreement are true and correct on and as of the date hereof, except to the extent (a) that any such representations or warranties relate to a specific date, or (b) of changes thereto as a result of transactions for which Agent and Lender have granted their consent; (ii) Borrower is on the date hereof in compliance with all of the terms and provisions set forth in the Credit Agreement as hereby amended; and (iii) upon execution hereof no Default or Event of Default has occurred and is continuing or has not previously been waived.
REAFFIRMATION OF BORROWER. Borrower hereby (a) agrees that this Agreement shall not limit or diminish its obligations under, or release it from any obligations under, the Loan Agreement and each other Loan Document to which it is a party, (b) confirms and reaffirms its obligations under the Loan Agreement and each other Loan Document to which it is a party, and (c) agrees that the Loan Agreement (as modified hereby) and each other Loan Document (as modified hereby) remain in full force and effect and are hereby ratified and confirmed
REAFFIRMATION OF BORROWER. Borrower hereby reaffirms the representations and warranties contained in the Sparton Corporation Loan Documents as if made as of the date of this Fourth Amendment. Except for the Existing Events of Default described in Section 4, Borrower has fully complied with all covenants and agreements to be complied with or performed by it under the Sparton Corporation Loan Documents to which it is a party and no default or Event of Default currently exists under any Sparton Corporation Loan Document. Borrower has the full power and authority to enter into this Fourth Amendment.
REAFFIRMATION OF BORROWER. To induce the Agent and the ------------------------- Lenders to enter into this Agreement, the Borrower hereby represents to each of them as follows as of the date hereof, each of the representations and warranties contained in Section 8 of the Forbearance Agreement are true and correct as of the date hereof.
