Reaffirmations. (a) Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Documents, reaffirms its Guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Agreement. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment and consents to the amendment of the Existing Credit Agreement effected pursuant to this Amendment. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment. (b) Each Loan Party hereby (i) confirms that each Collateral Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunder, the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereof, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under the applicable Collateral in accordance with the terms thereof and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 3 contracts
Samples: Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower Corp)
Reaffirmations. (a) Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendmentthe Amended Credit Agreement) pursuant to the Amended Credit AgreementGuarantee and Collateral Agreement and other Security Documents. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing Credit Agreement effected pursuant to this AmendmentAgreement. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunder, possible in accordance with the Loan Documents the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofObligations, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 3 contracts
Samples: Credit Agreement (Enviva Inc.), Credit Agreement (Enviva Inc.), Credit Agreement (Enviva Inc.)
Reaffirmations. (a) Each Loan Credit Party, subject to the terms and limits contained in the Amended DIP Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendmentthe Amended DIP Credit Agreement) pursuant to the Amended Credit AgreementGuarantee and Collateral Agreement and other Security Documents. Each Loan Credit Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing DIP Credit Agreement effected pursuant to this AmendmentAgreement. Each Loan Credit Party hereby confirms that each Loan Credit Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) Each Loan Credit Party hereby (i) confirms that each Collateral Credit Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunder, possible in accordance with the Credit Documents the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofObligations, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Credit Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended DIP Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Credit Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Credit Document to which it is a party.
Appears in 3 contracts
Samples: Debtor in Possession Credit and Note Purchase Agreement (Enviva Inc.), Debtor in Possession Credit and Note Purchase Agreement (Enviva Inc.), Debtor in Possession Credit and Note Purchase Agreement (Enviva Inc.)
Reaffirmations. (a) Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Agreement. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment and consents to the amendment of the Existing Credit Agreement effected pursuant to this Amendment. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment and that all of its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAmendment or the incurrence of the New Tranche B-1 Term Loans and the New Tranche B-2 Term Loans.
(b) Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunderpossible in accordance with the Loan Documents, the payment and performance of the Secured Obligations (including all such Secured Obligations Obligations, as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofcase may be, (ii) confirms its respective grant to the Collateral Administrative Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof and Loan Documents, (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each of the Loan Document Documents to which it is a party, and (iv) acknowledges that the Lenders providing New Tranche B-1 Term Loans and New Tranche B-2 Term Loans on the date hereof are “Lenders” and “Secured Parties” for all purposes under the Loan Documents.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Reaffirmations. (a) Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Agreement. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment and consents to the amendment of the Existing Credit Agreement effected pursuant to this Amendment. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment and that all of its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment.
(b) Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunderpossible in accordance with the Loan Documents, the payment and performance of the Secured Obligations (including all such Secured Obligations Obligations, as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofcase may be, (ii) confirms its respective grant to the Collateral Administrative Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement (as defined below)), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each of the Loan Document Documents to which it is a party.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.)
Reaffirmations. (a) a. Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendmentthe Amended Credit Agreement) pursuant to the Amended Credit AgreementGuarantee and Collateral Agreement and other Security Documents. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing Credit Agreement effected pursuant to this AmendmentAgreement. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) b. Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunderpossible in accordance with the Loan Documents, the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofObligations, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 2 contracts
Samples: Credit Agreement (Enviva Partners, LP), Credit Agreement (Enviva Partners, LP)
Reaffirmations. (a) Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Guarantee and Collateral Agreement. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing Credit Agreement and the Guarantee and Collateral Agreement effected pursuant to this AmendmentAgreement. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that all of its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunderpossible in accordance with the Loan Documents, the payment and performance of the Secured Obligations (including all such Secured Obligations Obligations, as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofcase may be, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement (as defined below)), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 2 contracts
Samples: Credit Agreement (Enviva Partners, LP), Credit Agreement
Reaffirmations. As of the Amendment Effective Date, each Loan Party:
(a) Each Loan Partyagrees that the transactions contemplated by this Amendment shall not limit or diminish the obligations of such Person under, subject to or release such Person from any obligations under, the terms and limits contained in the Amended Credit Agreement (including the Guaranty), the Collateral Agreement and in the each other Loan DocumentsDocument to which it is a party, reaffirms its Guaranty of and the Guaranteed Obligations Credit Agreement (including all such Guaranteed Obligations as amendedthe Guaranty), reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Agreement. Each Loan Party hereby acknowledges that it has reviewed the terms Collateral Agreement and provisions of this Amendment and consents to the amendment of the Existing Credit Agreement effected pursuant to this Amendment. Each Loan Party hereby confirms that each other Loan Document to which it is a party or is otherwise bound will continue to be remain in full force and effect as amended by this Amendment and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment.are hereby ratified and confirmed;
(b) Each Loan Party hereby (i) confirms affirms that each Collateral Document of the guarantees made pursuant to the Loan Documents (including, without limitation, the Guaranty and the Foreign Security Agreements listed on Schedule B attached hereto) are valid and subsisting and continue in full force and effect upon the Amendment Effective Date to secure the Obligations, Foreign Obligations and Secured Obligations (as defined in each applicable Loan Document), as applicable, and agrees that this Amendment and all documents executed in connection therewith do not operate to reduce or discharge its obligations under the Loan Documents and shall in no manner otherwise impair or otherwise adversely affect any of the guarantees made in or pursuant to the Loan Documents to which it is a party;
(c) affirms that each of the Liens and pledges granted in or pursuant to the Loan Documents (including, without limitation, the Foreign Security Agreements listed on Schedule B attached hereto and the other Collateral Documents) to which it is party or is otherwise bound are valid and all Collateral encumbered thereby will subsisting and continue in full force and effect upon the Amendment Effective Date to secure to the fullest extent provided thereunderObligations, the payment Foreign Obligations and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) defined in accordance with the terms thereof, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such each applicable Loan Party’s right, title and interest in, to and under the applicable Collateral in accordance with the terms thereof and (iii) confirms its other pledges, other grants of security interests and other obligationsDocument), as applicable, and agrees that this Amendment and all documents executed in connection therewith do not operate to reduce or discharge its obligations under the Loan Documents and subject shall in no manner otherwise impair or otherwise adversely affect any of the Liens and pledges granted in or pursuant to the terms of each Loan Document Documents to which it is a party; and
(d) agrees to, and agrees to cause each of its respective Subsidiaries to, execute any and all further documents, amendments, agreements and instruments, and to take all such further actions as the Administrative Agent may reasonably request, to effectuate the transactions contemplated by the Credit Agreement, or the other Loan Documents (including, without limitation, the Foreign Security Agreements and the other Collateral Documents) to which it is party and to preserve each of the guarantees made pursuant to the Loan Documents and grant, preserve, protect or perfect the Liens and security interests created by the Collateral Documents or the validity or priority of such Lien.
Appears in 2 contracts
Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
Reaffirmations. Each of the Borrower, the U.S. Borrower and the Additional Grantors, as applicable, (a) Each Loan Partyagrees that the transactions contemplated by this Amendment shall not limit or diminish the obligations of the Borrower, subject to the terms U.S. Borrower and limits contained in such Additional Grantor under, or release the Amended Borrower, the U.S. Borrower or such Additional Grantor from any obligations under, the Credit Agreement, the Subsidiary Guaranty Agreement, the Collateral Agreement and in the each other Loan DocumentsSecurity Document to which it is a party, (b) confirms and reaffirms its Guaranty of obligations under the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Agreement. Each Loan Party hereby acknowledges that it has reviewed , the terms Subsidiary Guaranty Agreement, the Collateral Agreement and provisions of this Amendment and consents to the amendment of the Existing Credit Agreement effected pursuant to this Amendment. Each Loan Party hereby confirms that each Loan other Security Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment (c) agrees that the Credit Agreement, the Subsidiary Guaranty Agreement, the Collateral Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment.
(b) Each Loan Party hereby (i) confirms that each Collateral other Security Document to which it is a party or is otherwise bound remain in full force and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunder, the payment effect and performance are hereby ratified and confirmed. In furtherance of the Secured Obligations (including all such Secured Obligations as amendedreaffirmations set forth in this Section 6, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereof, (ii) confirms its respective grant to the Collateral Agent for the benefit each of the Secured Parties of Borrower and the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under the applicable Collateral in accordance with the terms thereof and (iii) confirms its other pledges, other grants of security interests and other obligationsAdditional Grantors, as applicable, under hereby grants to the Administrative Agent, for the ratable benefit of itself and the Lenders, a security interest in, all Collateral and all proceeds thereof as security for the Obligations, in each case subject to any applicable terms and conditions set forth in the terms of Credit Agreement, the Subsidiary Guaranty Agreement, the Collateral Agreement and each Loan other Security Document to which it is a party. The parties hereto acknowledge and agree that each reference in this Paragraph 6 to “Security Document” or “Security Documents” shall include, without limitation, that certain parent guaranty agreement dated as of January 19, 2007 and executed by the Parent Grantor in favor of the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Bowater Inc), Credit Agreement (AbitibiBowater Inc.)
Reaffirmations. (a) a. Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit AgreementGuarantee and Collateral Agreement and other Security Documents. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing Credit Agreement effected pursuant to this AmendmentAgreement. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) b. Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunderpossible in accordance with the Loan Documents, the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofObligations, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 1 contract
Reaffirmations. (a) Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Guarantee and Collateral Agreement. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing Credit Agreement effected pursuant to this AmendmentAgreement. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunderpossible in accordance with the Loan Documents, the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofObligations, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 1 contract
Samples: First Incremental Term Loan Assumption Agreement (Enviva Partners, LP)
Reaffirmations. (a) The Borrower hereby (i) agrees that, except as expressly provided herein, this Amendment shall not limit or diminish the obligations of the Borrower under the Loan Agreement or any other Loan Document, (ii) reaffirms its obligations under the Loan Agreement (as expressly modified hereby) and each of the Loan Documents to which it is a party, (iii) agrees that the Loan Agreement (as expressly modified hereby) and each such Loan Document (including, without limitation, the Security Agreement) remains in full force and effect and is hereby ratified and confirmed, and (iv) acknowledges and agrees that as of the date hereof it has no defense, offset, counterclaim, cross-claim, or demand of any kind or nature whatsoever that can be asserted to reduce or eliminate all or any part of the Borrower’s liability to repay the Obligations or to seek affirmative relief or damages of any kind or nature from any Secured Party.
(b) Each Loan Party, subject to Guarantor (i) reaffirms its obligations under the terms and limits contained in the Amended Credit Security Agreement and in each of the other Loan DocumentsDocuments to which it is a party, reaffirms its Guaranty (ii) acknowledges and agrees that the Security Agreement and each of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Agreement. Each other Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment and consents to the amendment of the Existing Credit Agreement effected pursuant to this Amendment. Each Loan Party hereby confirms that each Loan Document Documents to which it is a party or is otherwise bound will is, and shall continue to be be, in full force and effect as amended by this Amendment and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this Amendment.
(b) Each Loan Party hereby (i) confirms that each Collateral Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereundereffect, the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereof, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under the applicable Collateral in accordance with the terms thereof and (iii) confirms its other pledgesacknowledges and agrees that all sums previously and now or hereafter advanced for, other grants or on behalf, of security interests the Borrower under the Loan Agreement shall constitute part of the Obligations guaranteed by the Guarantors in the Security Agreement, and other obligations(iv) acknowledges and agrees that as of the date hereof it has no defense, as applicableoffset, under and subject counterclaim, cross-claim, or demand of any kind or nature whatsoever that can be asserted to reduce or eliminate all or any part of the terms Obligations guaranteed by the Guarantors in the Security Agreement or to seek affirmative relief or damages of each Loan Document to which it is a partyany kind or nature from any Secured Party.
Appears in 1 contract
Samples: Term Loan Agreement (Cinedigm Corp.)
Reaffirmations. (a) Each Loan Party, subject to the terms and limits contained in the Amended and Restated Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendment) pursuant to the Amended Credit Agreementand Restated Guarantee and Collateral Agreement and other Security Documents. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing Credit Agreement and the amendment of the Existing Guarantee and Collateral Agreement, in each case, effected pursuant to this AmendmentAgreement. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunderpossible in accordance with the Loan Documents, the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofObligations, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended and Restated Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 1 contract
Reaffirmations. (a) a. Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendmentthe Amended Credit Agreement) pursuant to the Amended Credit AgreementGuarantee and Collateral Agreement and other Security Documents. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing Credit Agreement effected pursuant to this AmendmentAgreement. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) b. Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunder, possible in accordance with the Loan Documents the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofObligations, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 1 contract
Reaffirmations. (a) Each Loan Party, subject to the terms and limits contained in the Amended Credit Agreement and in the other Loan Security Documents, reaffirms its Guaranty guaranty of the Guaranteed Obligations (including all such Guaranteed Obligations as amended, reaffirmed and/or increased pursuant to this Amendmentthe Modified Credit Agreement and the Amended Credit Agreement) pursuant to the Amended Credit AgreementGuarantee and Collateral Agreement and other Security Documents. Each Loan Party hereby acknowledges that it has reviewed the terms and provisions of this Amendment Agreement and consents to the amendment of the Existing Credit Agreement and the Modified Credit Agreement effected pursuant to this AmendmentAgreement. Each Loan Party hereby confirms that each Loan Document to which it is a party or is otherwise bound will continue to be in full force and effect as amended by this Amendment Agreement and that its obligations thereunder shall not be impaired or limited by the execution or effectiveness of this AmendmentAgreement.
(b) Each Loan Party hereby (i) confirms that each Collateral Loan Document to which it is a party or is otherwise bound and all Collateral encumbered thereby will continue to secure to the fullest extent provided thereunder, possible in accordance with the Loan Documents the payment and performance of the Secured Obligations (including all such Secured Obligations as amended, reaffirmed and/or increased pursuant to the Amended Credit Agreement) in accordance with the terms thereofObligations, (ii) confirms its respective grant to the Collateral Agent for the benefit of the Secured Parties of the security interest in and continuing Lien on all of such Loan Party’s right, title and interest in, to and under all Collateral, in each case whether now owned or existing or hereafter acquired or arising and wherever located, as collateral security for the prompt and complete payment and performance in full when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise, of all applicable Obligations (including all such Obligations as amended, reaffirmed and/or increased pursuant to the Modified Credit Agreement and the Amended Credit Agreement), subject to the terms contained in the applicable Collateral in accordance with the terms thereof Loan Documents and (iii) confirms its other pledges, other grants of security interests and other obligations, as applicable, under and subject to the terms of each Loan Document to which it is a party.
Appears in 1 contract
Samples: Credit Agreement (Enviva Inc.)