Common use of SURVIVAL, REAFFIRMATION, AND NO DEFENSES Clause in Contracts

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx and Xxxxxxxxx agrees, in all capacities in which the signatory has executed the Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Agreement and the Loan Documents and consent to and acknowledge this Amendment. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx and Guarantor and, as of the date hereof, Borrower and Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment shall not impair the rights, remedies and Collateral given in the Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Agreement and the Loan Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx Borrower and Xxxxxxxxx Guarantor agrees, in all capacities in which the signatory has executed the Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Agreement and the Loan Documents and consent to and acknowledge this Amendment. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx Borrower and Guarantor and, as of the date hereof, Borrower and Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment shall not impair the rights, remedies and Collateral given in the Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Agreement and the Loan Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx Bxxxxxxx and Xxxxxxxxx Gxxxxxxxx agrees, in all capacities in which the signatory has executed the Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Agreement and the Loan Documents and consent to and acknowledge this Amendment. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx Borrower and Guarantor and, as of the date hereof, Borrower and Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment shall not impair the rights, remedies and Collateral given in the Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Agreement and the Loan Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx Borrower and Xxxxxxxxx Validity Guarantor agrees, in all capacities in which the signatory has executed the Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Agreement and the Loan Documents and consent to and acknowledge this Amendmentthe foregoing Amendment No. 3. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx Borrower and Validity Guarantor and, as of the date hereof, Borrower and Validity Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment No. 3 shall not impair the rights, remedies and Collateral given in the Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Agreement and the Loan Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx Borrower and Xxxxxxxxx Validity Guarantor agrees, in all capacities in which the signatory has executed the Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Agreement and the Loan Documents and consent to and acknowledge this Amendmentthe foregoing Amendment No. 5. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx Borrower and Validity Guarantor and, as of the date hereof, Borrower and Validity Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment No. 5 shall not impair the rights, remedies and Collateral given in the Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Agreement and the Loan Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx Borrower and Xxxxxxxxx Validity Guarantor agrees, in all capacities in which the signatory has executed the Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Agreement and the Loan Documents and consent to and acknowledge this Amendmentthe foregoing Amendment No. 2. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx Borrower and Validity Guarantor and, as of the date hereof, Borrower and Validity Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment No. 2 shall not impair the rights, remedies and Collateral given in the Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Agreement and the Loan Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx Borrower and Xxxxxxxxx Guarantor agrees, in all capacities in which the signatory has executed the Loan Agreement or any of the Loan Collateral Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Loan Agreement and the Loan Collateral Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Loan Agreement and the Loan Collateral Documents and consent to and acknowledge this Amendmentthe foregoing Amendment No. 1. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx Borrower and Guarantor and, as of the date hereof, Borrower and Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment No. 1 shall not impair the rights, remedies and Collateral given in the Loan Agreement and the Loan Collateral Documents. C. That the liability of the undersigned howsoever arising or provided for in the Loan Agreement and the Loan Collateral Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx and Xxxxxxxxx Borrower agrees, in all capacities in which the signatory has executed the Loan Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, ; representations and warranties contained in the Loan Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Loan Agreement and the Loan Documents and consent to and acknowledge this Amendmentthe foregoing Amendment No. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx and Guarantor Borrower and, as of the date hereof, Borrower and Guarantor have has absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment No.1 shall not impair the rights, remedies and Collateral given in the Loan Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Loan Agreement and the Loan Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx Borrower and Xxxxxxxxx Validity Guarantor agrees, in all capacities in which the signatory has executed the Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Agreement and the Loan Documents and consent to and acknowledge this Amendmentthe foregoing Amendment No. 4. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx Borrower and Validity Guarantor and, as of the date hereof, Borrower and Validity Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment No. 4 shall not impair the rights, remedies and Collateral given in the Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Agreement and the Loan Documents is hereby reaffirmed.

SURVIVAL, REAFFIRMATION, AND NO DEFENSES. Each undersigned Xxxxxxxx Borrower and Xxxxxxxxx Validity Guarantor agrees, in all capacities in which the signatory has executed the Agreement or any of the Loan Documents, as follows: A. That, except as herein expressly modified or amended, all terms, conditions, covenants, representations and warranties contained in the Agreement and the Loan Documents are true and correct, continue to be satisfied in all respects and are legal, valid and binding obligations. The undersigned hereby ratify, agree to and confirm the Agreement and the Loan Documents and consent to and acknowledge this Amendmentthe foregoing Amendment No. 1. B. That payment of the Indebtedness is the valid obligation of Xxxxxxxx Borrower and Validity Guarantor and, as of the date hereof, Borrower and Validity Guarantor have absolutely no defenses, claims, rights of set-off or counterclaims against Crestmark or the payment of the Indebtedness. This Amendment No. 1 shall not impair the rights, remedies and Collateral given in the Agreement and the Loan Documents. C. That the liability of the undersigned howsoever arising or provided for in the Agreement and the Loan Documents is hereby reaffirmed.