Common use of Statutory Notice - Oral Commitments Clause in Contracts

Statutory Notice - Oral Commitments. Nothing contained in such notice shall be deemed to limit or modify the terms of the Loan Documents or this Amendment: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU (BORROWER) AND US (CREDITOR) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. BORROWER ACKNOWLEDGES THAT THERE ARE NO OTHER AGREEMENTS BETWEEN LENDER AND BORROWER, ORAL OR WRITTEN, CONCERNING THE SUBJECT MATTER OF THE LOAN DOCUMENTS, AND THAT ALL PRIOR AGREEMENTS CONCERNING THE SAME SUBJECT MATTER, INCLUDING ANY PROPOSAL, TERM SHEET OR LETTER, ARE MERGED INTO THE LOAN DOCUMENTS AND THEREBY EXTINGUISHED.

Statutory Notice - Oral Commitments. Nothing contained in such the following notice shall be deemed to limit or modify the terms of this Agreement and the other Loan Documents or this AmendmentDocuments: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLEENFORCEABLE REGARDLESS OF THE LEGAL THEORY UPON WHICH IT IS BASED AND THAT IS IN ANY WAY RELATE TO THE AMENDED AND RESTATED CREDIT AGREEMENT AND THE LOAN DOCUMENTS. TO PROTECT YOU COMPANY AND EACH OTHER LOAN PARTY (BORROWER) AND US ADMINISTRATIVE AGENT AND THE LENDER (CREDITOR) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE THE COMPANY AND ADMINISTRATIVE AGENT AND THE LENDERS REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. BORROWER ACKNOWLEDGES THAT THERE ARE NO OTHER AGREEMENTS BETWEEN LENDER AND BORROWERCompany acknowledges that there are no other agreements between Administrative Agent, ORAL OR WRITTENLenders, CONCERNING THE SUBJECT MATTER OF THE LOAN DOCUMENTSCompany and the Loan Parties, AND THAT ALL PRIOR AGREEMENTS CONCERNING THE SAME SUBJECT MATTERoral or written, INCLUDING ANY PROPOSALconcerning the subject matter of the Loan Documents, TERM SHEET OR LETTERand that all prior agreements concerning the same subject matter, ARE MERGED INTO THE LOAN DOCUMENTS AND THEREBY EXTINGUISHEDincluding any proposal or commitment letter, are merged into the Loan Documents and thereby extinguished. The parties hereto have caused this Agreement to be duly executed and delivered by their duly authorized officers as of the date first set forth above. CONCUR TECHNOLOGIES, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxxxxx Title: Chief Legal Officer LASALLE BANK NATIONAL ASSOCIATION, as Administrative Agent, as Issuing Lender, and as a Lender By: /s/ Xxxxx Xxxxx Ven Title: First Vice President LaSalle Bank National Association $ 70,000,000.00 **/ 100. 000000000 % TOTALS $ 70,000,000.00 100. 000000000 % **/ Revolving Commitment Amount reduces as set forth in the Amended and Restated Credit Agreement. Includes Swing Line Commitment Amount of $5,000,000 Concur Technologies, Inc. 00000 XX Xxxxx Xxxx Xxxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxx Xxxxx, Chief Financial Officer Telephone: (000) 000-0000 Facsimile: (000) 000-0000 With a copy to: Concur Technologies, Inc. 00000 XX Xxxxx Xxxx Xxxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxx Xxxxxxxx, Chief Legal Officer Telephone: (000) 000-0000 Facsimile: (000) 000-0000 With a copy to: Fenwick & West LLP 000 Xxxxxxxxxx Xxxxxx Xxxxxxxx Xxxx, XX 00000 Attention: Xxxxx Xxxxxxxx Telephone: (000) 000-0000 Facsimile: (000) 000-0000 LASALLE BANK NATIONAL ASSOCIATION, as Administrative Agent, Issuing Lender and a Lender

Statutory Notice - Oral Commitments. Nothing contained in such the following notice shall be deemed to limit or modify the terms of this Agreement and the other Loan Documents or this AmendmentDocuments: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLEENFORCEABLE REGARDLESS OF THE LEGAL THEORY UPON WHICH IT IS BASED OR THAT IS IN ANY WAY RELATE TO THE CREDIT AGREEMENT AND THE LOAN DOCUMENTS. TO PROTECT YOU COMPANY AND EACH OTHER LOAN PARTY (BORROWER) AND US ADMINISTRATIVE AGENT AND THE LENDERS (CREDITOR) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE THE COMPANY AND ADMINISTRATIVE AGENT AND THE LENDERS REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. BORROWER ACKNOWLEDGES THAT THERE ARE NO OTHER AGREEMENTS BETWEEN LENDER AND BORROWERCompany acknowledges that there are no other agreements between Administrative Agent, ORAL OR WRITTENLenders, CONCERNING THE SUBJECT MATTER OF THE LOAN DOCUMENTSCompany and the Loan Parties, AND THAT ALL PRIOR AGREEMENTS CONCERNING THE SAME SUBJECT MATTERoral or written, INCLUDING ANY PROPOSALconcerning the subject matter of the Loan Documents, TERM SHEET OR LETTERand that all prior agreements concerning the same subject matter, ARE MERGED INTO THE LOAN DOCUMENTS AND THEREBY EXTINGUISHED.including any proposal or commitment letter, are merged into the Loan Documents and thereby extinguished. The parties hereto have caused this Agreement to be duly executed and delivered by their duly authorized officers as of the date first set forth above. CPI Corp., a Delaware corporation By:/s/Xxxx Xxxxx ___________________________________ Xxxx Xxxxx Treasurer

Statutory Notice - Oral Commitments. Nothing contained in such notice shall be deemed to limit or modify the terms of the Loan Documents or this Amendment: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU (BORROWERCOMPANY) AND US (CREDITOR) FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. BORROWER COMPANY ACKNOWLEDGES THAT THERE ARE NO OTHER AGREEMENTS BETWEEN ADMINISTRATIVE AGENT OR ANY LENDER AND BORROWERCOMPANY, ORAL OR WRITTEN, CONCERNING THE SUBJECT MATTER OF THE LOAN DOCUMENTS, AND THAT ALL PRIOR AGREEMENTS CONCERNING THE SAME SUBJECT MATTER, INCLUDING ANY PROPOSAL, TERM SHEET OR LETTER, ARE MERGED INTO THE LOAN DOCUMENTS AND THEREBY EXTINGUISHED.