Reference to and Effect on the Purchase Agreement. 4.1 Upon the effectiveness of this Amendment, each reference in the Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” “hereby” or words of like import shall mean and be a reference to the Purchase Agreement as amended hereby, and each reference to the Purchase Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Purchase Agreement shall mean and be a reference to the Purchase Agreement as amended hereby. 4.2 Except as specifically amended hereby, the Purchase Agreement and other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 4.3 The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Falcon, the Financial Institutions or the Agent under the Purchase Agreement or any of the other Transaction Documents, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (School Specialty Inc), Receivables Purchase Agreement (School Specialty Inc), Receivables Purchase Agreement (School Specialty Inc)
Reference to and Effect on the Purchase Agreement. 4.1 (a) Upon the effectiveness of this Amendment, each reference in the Purchase Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein,” “hereby” ”, or words of like import shall mean and be a reference to the Purchase Agreement as amended hereby, and each reference to the Purchase Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Purchase Agreement shall mean and be a reference to the Purchase Agreement as amended hereby.
4.2 Except as specifically amended hereby, the (b) The Purchase Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect effect, as amended hereby, and are hereby ratified and confirmed, as so amended.
4.3 (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Falcon, any of the Financial Institutions Investors or the Program Agent under the Purchase Agreement or any of the other Transaction Documentsdocument, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.
Appears in 5 contracts
Samples: Warehouse Loan Purchase Agreement, Warehouse Loan Purchase Agreement, Warehouse Loan Purchase Agreement (Colonial Bancgroup Inc)
Reference to and Effect on the Purchase Agreement. 4.1 (a) Upon the effectiveness of this Amendment, each reference in the Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” “hereby” or words of like import shall mean and be a reference to the Purchase Agreement as amended hereby, and each reference to the Purchase Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Purchase Agreement shall mean and be a reference to the Purchase Agreement as amended hereby.
4.2 (b) Except as specifically amended hereby, the Purchase Agreement and other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed.
4.3 (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Falcon, the Financial Institutions any Purchaser or the Administrative Agent under the Purchase Agreement or any of the other Transaction Documents, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (CMS Energy Corp), Receivables Purchase Agreement (CMS Energy Corp)
Reference to and Effect on the Purchase Agreement. 4.1 Upon the effectiveness of this Amendment, each reference in the Purchase Agreement to “"this Agreement,” “" "hereunder,” “" "hereof,” “" "herein,” “" "hereby” " or words of like import shall mean and be a reference to the Purchase Agreement as amended hereby, and each reference to the Purchase Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Purchase Agreement shall mean and be a reference to the Purchase Agreement as amended hereby.
4.2 Except as specifically amended hereby, the Purchase Agreement and other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed.
4.3 The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Falcon, the Financial Institutions or the Agent under the Purchase Agreement or any of the other Transaction Documents, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (School Specialty Inc), Receivables Purchase Agreement (School Specialty Inc)
Reference to and Effect on the Purchase Agreement. 4.1 (a) Upon the effectiveness of this Amendment, each reference in the Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” “hereby” or words of like import shall mean and be a reference to the Purchase Agreement as amended hereby, and each reference to the Purchase Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Purchase Agreement shall mean and be a reference to the Purchase Agreement as amended hereby.
4.2 (b) Except as specifically amended hereby, the Purchase Agreement and other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed.
4.3 (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Falcon, the Financial Institutions any Purchaser or the Agent under the Purchase Agreement or any of the other Transaction Documents, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.
Appears in 1 contract
Reference to and Effect on the Purchase Agreement. 4.1 Upon a. From and after the effectiveness of this Amendment, (i) each reference in the Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” “hereby” or words of like import shall mean and be a reference to the Purchase Agreement and its amendments, as amended hereby, hereby and each reference (ii) all references to the Purchase Agreement appearing in any other Transaction Document, or any other document, instrument or agreement executed and/or delivered in connection with the Purchase Agreement therewith, shall mean and be a reference to the Purchase Agreement Agreement, as amended hereby.
4.2 Except b. The Purchase Agreement, as specifically amended hereby, the Purchase Agreement and all other amendments, documents, instruments and agreements executed and/or delivered in connection therewith therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed.
4.3 The c. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Falcon, the Financial Institutions Purchasers or the Agent under the Purchase Agreement or any of the other Transaction DocumentsAdministrative Agent, nor constitute a waiver of any provision contained thereinof the Purchase Agreement or any other documents, except as specifically set forth hereininstruments and agreements executed and/or delivered in connection therewith.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Beckman Coulter Inc)
Reference to and Effect on the Purchase Agreement. 4.1 5.1 Upon the effectiveness of this Amendment, each reference in the Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” “hereby” or words of like import shall mean and be a reference to the Purchase Agreement as amended hereby, and each reference to the Purchase Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Purchase Agreement shall mean and be a reference to the Purchase Agreement as amended hereby.
4.2 5.2 Except as specifically amended hereby, the Purchase Agreement and other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed.
4.3 5.3 The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Falcon, the Financial Institutions or the Agent under the Purchase Agreement or any of the other Transaction Documents, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.
Appears in 1 contract
Samples: Receivables Purchase Agreement (School Specialty Inc)