Common use of Validity of Liens and Loan Documents Clause in Contracts

Validity of Liens and Loan Documents. Each of the Borrower and Enterasys hereby agrees and confirms that the Credit Agreement and each other Loan Document constitutes a legal, valid, and binding obligation of the Borrower and Enterasys, in each case, to the extent party to such Loan Document, enforceable against the Borrower and Enterasys in accordance with its terms. Each of the Borrower and Enterasys hereby ratifies and reaffirms the validity and enforceability (without defense, counterclaim or offset of any kind) of the Liens and security interests granted to the Administrative Agent for the benefit of the Secured Parties to secure any of the Obligations by the Borrower or Enterasys pursuant to the Loan Documents to which any of the Borrower or Enterasys is a party and hereby confirms and agrees that notwithstanding the effectiveness of this Agreement, and except as expressly amended by this Agreement, each such Loan Document is, and shall continue to be, in full force and effect and each is hereby ratified and confirmed in all respects, except that, on and after the effectiveness of this Agreement, each reference in the Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” (and each reference in the Credit Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Credit Agreement as amended by this Agreement and on and after the effectiveness of this Agreement, each reference in the Loan Documents to the “Pledge Agreement”, “thereunder”, “thereof” (and each reference in the Pledge Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Pledge Agreement as amended by this Agreement.

Validity of Liens and Loan Documents. Each of the Borrower The Company and Enterasys each other Loan Party hereby agrees and confirms that the Credit Agreement and each other Loan Document constitutes a legal, valid, valid and binding obligation of the Borrower Company and Enterasyseach other Loan Party, in each case, to the extent party to such Loan Document, enforceable against the Borrower Company and Enterasys each other Loan Party in accordance with its terms. Each of the Borrower The Company and Enterasys each other Loan Party hereby ratifies and reaffirms the validity and enforceability (without defense, counterclaim or offset of any kind) of the Liens and security interests granted to the Administrative Agent for the benefit of the Secured Parties to secure any of the Obligations by the Borrower Company or Enterasys any other Loan Party pursuant to the Loan Documents to which any of the Borrower Company or Enterasys any other Loan Party is a party and hereby confirms and agrees that notwithstanding the effectiveness of this AgreementSixth Amendment, and except as expressly amended by this AgreementSixth Amendment, each such Loan Document is, and shall continue to be, in full force and effect and each is hereby ratified and confirmed in all respects, except that, on and after the effectiveness of this AgreementSixth Amendment, each reference in the Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” (and each reference in the Credit Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Credit Agreement as amended by this Agreement and on and after Sixth Amendment. This Sixth Amendment shall constitute a “Loan Document” for purposes of the effectiveness of this Agreement, each reference in the Loan Documents to the “Pledge Agreement”, “thereunder”, “thereof” (and each reference in the Pledge Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Pledge Agreement as amended by this Credit Agreement.

Validity of Liens and Loan Documents. Each of the Borrower The Company and Enterasys each other Loan Party hereby agrees and confirms that the Credit Agreement and each other Loan Document constitutes a legal, valid, valid and binding obligation of the Borrower Company and Enterasyseach other Loan Party, in each case, to the extent party to such Loan Document, enforceable against the Borrower Company and Enterasys each other Loan Party in accordance with its terms. Each of the Borrower The Company and Enterasys each other Loan Party hereby ratifies and reaffirms the validity and enforceability (without defense, counterclaim or offset of any kind) of the Liens and security interests granted to the Administrative Agent for the benefit of the Secured Parties to secure any of the Obligations by the Borrower Company or Enterasys any other Loan Party pursuant to the Loan Documents to which any of the Borrower Company or Enterasys any other Loan Party is a party and hereby confirms and agrees that notwithstanding the effectiveness of this AgreementFifth Amendment, and except as expressly amended by this AgreementFifth Amendment, each such Loan Document is, and shall continue to be, in full force and effect and each is hereby ratified and confirmed in all respects, except that, on and after the effectiveness of this AgreementFifth Amendment, each reference in the Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” (and each reference in the Credit Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Credit Agreement as amended by this Agreement and on and after Fifth Amendment. This Fifth Amendment shall constitute a “Loan Document” for purposes of the effectiveness of this Agreement, each reference in the Loan Documents to the “Pledge Agreement”, “thereunder”, “thereof” (and each reference in the Pledge Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Pledge Agreement as amended by this Credit Agreement.

Validity of Liens and Loan Documents. Each of the Borrower The Company and Enterasys each other Loan Party hereby agrees and confirms that the Credit Agreement and each other Loan Document constitutes a legal, valid, valid and binding obligation of the Borrower Company and Enterasyseach other Loan Party, in each case, to the extent party to such Loan Document, enforceable against the Borrower Company and Enterasys each other Loan Party in accordance with its terms. Each of the Borrower The Company and Enterasys each other Loan Party hereby ratifies and reaffirms the validity and enforceability (without defense, counterclaim or offset of any kind) of the Liens and security interests granted to the Administrative Agent for the benefit of the Secured Parties to secure any of the Obligations by the Borrower Company or Enterasys any other Loan Party pursuant to the Loan Documents to which any of the Borrower Company or Enterasys any other Loan Party is a party and hereby confirms and agrees that notwithstanding the effectiveness of this AgreementFourth Amendment, and except as expressly amended by this AgreementFourth Amendment, each such Loan Document is, and shall continue to be, in full force and effect and each is hereby ratified and confirmed in all respects, except that, on and after the effectiveness of this AgreementFourth Amendment, each reference in the Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” (and each reference in the Credit Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Credit Agreement as amended by this Agreement and on and after Fourth Amendment. This Fourth Amendment shall constitute a “Loan Document” for purposes of the effectiveness of this Agreement, each reference in the Loan Documents to the “Pledge Agreement”, “thereunder”, “thereof” (and each reference in the Pledge Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Pledge Agreement as amended by this Credit Agreement.

Validity of Liens and Loan Documents. Each of the Borrower The Company and Enterasys each other Loan Party hereby agrees and confirms that the Credit Agreement and each other Loan Document constitutes a legal, valid, valid and binding obligation of the Borrower Company and Enterasyseach other Loan Party, in each case, to the extent party to such Loan Document, enforceable against the Borrower Company and Enterasys each other Loan Party in accordance with its terms. Each of the Borrower The Company and Enterasys each other Loan Party hereby ratifies and reaffirms the validity and enforceability (without defense, counterclaim or offset of any kind) of the Liens and security interests granted to the Administrative Agent for the benefit of the Secured Parties to secure any of the Obligations by the Borrower Company or Enterasys any other Loan Party pursuant to the Loan Documents to which any of the Borrower Company or Enterasys any other Loan Party is a party and hereby confirms and agrees that notwithstanding the effectiveness of this AgreementAmendment to First Amendment and Limited Waiver, and except as expressly amended by this AgreementAmendment to First Amendment and Limited Waiver, each such Loan Document is, and shall continue to be, in full force and effect and each is hereby ratified and confirmed in all respects, except that, on and after the effectiveness of this AgreementAmendment to First Amendment and Limited Waiver, each reference in the Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” (and each reference in the Credit Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Credit Agreement as amended by this Agreement Amendment to First Amendment and on Limited Waiver. This Amendment to First Amendment and after Limited Waiver shall constitute a “Loan Document” for purposes of the effectiveness of this Agreement, each reference in the Loan Documents to the “Pledge Agreement”, “thereunder”, “thereof” (and each reference in the Pledge Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Pledge Agreement as amended by this Credit Agreement.

Validity of Liens and Loan Documents. Each of the The Borrower and Enterasys hereby agrees and confirms that the Credit Agreement and each other Loan Document constitutes a legal, valid, and binding obligation of the Borrower and Enterasys, in each case, to the extent party to such Loan Document, enforceable against the Borrower and Enterasys in accordance with its terms. Each of the Borrower and Enterasys Subsidiary Guarantor hereby ratifies and reaffirms the validity and enforceability (without defenseexcept as the enforceability thereof may be limited by bankruptcy, counterclaim insolvency or offset similar laws affecting creditors’ rights generally and subject to general principles of any kindequity) of the Liens and security interests granted to the Administrative Collateral Agent for the benefit of the Secured Parties to secure any of the Secured Obligations (including after giving effect to the Amended Credit Agreement and the Additional Initial Term Loans) by the Borrower or Enterasys and each Subsidiary Guarantor pursuant to the Loan Documents to which any of the Borrower or Enterasys such Subsidiary Guarantor is a party and hereby confirms and agrees that notwithstanding the effectiveness of this AgreementAgreement and the Amended Credit Agreement and the making of the Additional Initial Term Loans, and except as expressly amended by this Agreement or pursuant to the Amended Credit Agreement, each such Loan Document is, and shall continue to be, in full force and effect and each is hereby ratified and confirmed in all respects, except that, on and after the effectiveness of this Agreement and the Amended Credit Agreement, each reference in the Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” (and each reference in the Credit Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Amended Credit Agreement as amended by this Agreement and on and after the effectiveness of this Agreement, each reference in the Loan Documents to the “Pledge Agreement”, “thereunder”, “thereof” (and each reference in the Pledge Agreement to this “Agreement”, “hereunder” or “hereof”) or words of like import shall mean and be a reference to the Pledge Agreement as amended by this Agreement.