Reaffirmation of Loan Agreements. The Borrowers reaffirm and agree that all of the Loan Agreements are fully enforceable and in full force and effect and have not been waived or modified in any manner except as expressly set forth in the Forbearance Agreement, Amendment Xx. 0, Xxxxxxxxx Xx. 0, this Amendment No. 3, and that the Loan Agreements, as modified by this Amendment No. 3, are fully enforceable and in full force and effect on the date of this Amendment No. 3.
Reaffirmation of Loan Agreements. The Borrowers reaffirm and agree that all of the Loan Agreements are fully enforceable and in full force and effect and have not been waived or modified in any manner except as expressly set forth in the Forbearance Agreement, Amendment Xx. 0, Xxxxxxxxx Xx. 0, Xxxxxxxxx Xx. 0, Xxxxxxxxx Xx. 0, and this Amendment No. 5 and that the Loan Agreements, as modified by this Amendment No. 5, are fully enforceable and in full force and effect on the date of this Amendment No.5.
Reaffirmation of Loan Agreements. In consideration of the Bank's agreement to forbear to the extent provided hereunder in the manner of enforcement of its remedies, the Borrower agrees and reaffirms that the Loan Documents constitute valid and legally binding obligations of the Borrower, and that the Loan Documents are enforceable against the Borrower in accordance with their terms; neither this Forbearance Agreement nor any other documents described herein shall be deemed or construed to be a satisfaction, reinstatement, novation or release of, the Loan Documents or any of them, or a waiver by the Bank under the Loan Documents, or any of them or at law or in equity; the Borrower has no defenses, set-offs, claims, counterclaims or causes of action of any kind or nature whatsoever with respect to the Indebtedness or the Loan Documents, or with respect to any other documents or instruments now or heretofore evidencing, securing, or in any way relating to any Loan Documents, or with respect to the administration or funding by the Bank of any loans or other transactions that gave rise to any of the Indebtedness, or any of the property of the Borrower, and the Borrower hereby expressly waives, releases and relinquishes any and all such defenses, set-offs, claims counterclaims and causes of action existing as of the date of this Forbearance Agreement against the Bank. Upon any Default or other occurrence or date permitting the Bank to exercise its rights under this Forbearance Agreement or the Loan Documents, and upon notice, the Bank shall have sole and exclusive discretionary authority to apply the collateral, security or the proceeds thereof to any of the Loans, in any order or amount as the Bank, in its sole discretion shall deem appropriate. The Borrower specifically and expressly waives any and all claimed rights to contest the Bank's rights in application of payment of such proceeds in the manner so chosen by the Bank.
Reaffirmation of Loan Agreements. Borrower reaffirms all of its obligations under the Loan Agreements.
