Reference to and Effect Upon the Credit Agreement. (a) All terms, conditions, covenants, representations and warranties contained in the Credit Agreement, and all rights of the Forbearing Lenders, shall, subject to the Forbearance, remain in full force and effect. Each of the Borrowers hereby confirms that the Credit Agreement is in full force and effect and that such Borrower has no right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to the Credit Agreement or the applicable Loans.
Appears in 4 contracts
Samples: Fourth Lender Forbearance Agreement (GTT Communications, Inc.), Third Lender Forbearance Agreement (GTT Communications, Inc.), Forbearance Agreement (GTT Communications, Inc.)
Reference to and Effect Upon the Credit Agreement. (a) All Except as expressly modified hereby, all terms, conditions, covenants, representations and warranties contained in the Credit AgreementAgreement and other Credit Documents, and all rights of Lenders and Agent and all of the Forbearing LendersObligations, shall, subject to the Forbearance, shall remain in full force and effect. Each of the Borrowers Company and the other Credit Parties hereby confirms that the Credit Agreement is in full force and effect and that no such Borrower party has no any right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to any of the Credit Agreement or the applicable LoansObligations.
Appears in 2 contracts
Samples: Second Forbearance Agreement (Simmons Co), Second Forbearance Agreement (Simmons Co)
Reference to and Effect Upon the Credit Agreement. (a) All terms, conditions, covenants, representations and warranties contained in the Credit AgreementAgreement and other Loan Documents, and all rights of each of the Forbearing LendersAgent and the Lenders and all of the Obligations, shall, subject to the Forbearance, shall remain in full force and effect. Each of the Borrowers hereby confirms that the Credit Agreement is in full force and effect and that such Borrower has no right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect as amended pursuant to the Credit Agreement or the applicable LoansSection 1 hereof.
Appears in 1 contract
Reference to and Effect Upon the Credit Agreement. (a) All Except as specifically amended hereby, all terms, conditions, covenants, representations and warranties contained in the Credit AgreementAgreement and other Loan Documents, and all rights of the Forbearing LendersLenders and all of the Obligations, shall, subject to the Forbearance, shall remain in full force and effect. Each of the Borrowers Borrower hereby confirms that the Credit Agreement is and the other Loan Documents are in full force and effect and that such Borrower has no right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to any of the Obligations, the Credit Agreement or the applicable Loansany other Loan Document.
Appears in 1 contract
Reference to and Effect Upon the Credit Agreement. (a) All Except as specifically set forth herein, all terms, conditions, covenants, representations and warranties contained in the Credit AgreementAgreement or any other Loan Documents, and all rights of Agents and Lenders and all of the Forbearing LendersObligations, shall, subject to the Forbearance, shall remain in full force and effect. Each of the Borrowers hereby confirms that the Credit Agreement is in full force and effect and that such Borrower has no right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to the Credit Agreement or the applicable Loans.
Appears in 1 contract
Samples: Waiver (Magnachip Semiconductor LLC)
Reference to and Effect Upon the Credit Agreement. (a) All terms, conditions, covenants, representations and warranties contained in the Credit Agreement, and all rights of the Forbearing Lenders, shall, subject to the Forbearance, shall remain in full force and effect. Each of the Borrowers hereby confirms that the Credit Agreement is in full force and effect and that such Borrower has no right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to the Credit Agreement or the applicable Loans.
Appears in 1 contract
Samples: Forbearance Extension Agreement (GTT Communications, Inc.)