Waivers and Amendments Acknowledgments. (a) No failure or delay (whether by course of conduct or otherwise) by any Bank or Administrative Agent in exercising any right, power or remedy which they may have under any of the Loan Papers shall operate as a waiver thereof or of any other right, power or remedy, nor shall any single or partial exercise by any Bank or Administrative Agent of any such right, power or remedy preclude any other or further exercise thereof or of any other right, power or remedy. No waiver of any provision of any Loan Paper and no consent to any departure therefrom shall ever be effective unless it is in writing and signed by Required Banks and/or Administrative Agent in accordance with Section 14.2(c), and then such waiver or consent shall be effective only in the specific instances and for the purposes for which given and to the extent specified in such writing. No notice to or demand on Borrower shall in any case of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. This Agreement and the other Loan Papers set forth the entire understanding and agreement of the parties hereto and thereto with respect to the transactions contemplated herein and therein and supersede all prior discussions and understandings with respect to the subject matter hereof and thereof, and no modification or amendment of or supplement to this Agreement or the other Loan Papers shall be valid or effective unless the same is in compliance with Section 14.2(c).
(b) Borrower acknowledges and agrees, and acknowledges its Affiliates understanding, that (i) it has been advised by counsel in the negotiation, execution and delivery of the Loan Papers to which it is a party, (ii) it has made an independent decision to enter into this Agreement and the other Loan Papers to which it is a party, without reliance on any representation, warranty, covenant or undertaking by Banks or Agents whether written, oral or implicit, other than as expressly set out in this Agreement or in another Loan Paper delivered on or after the Closing Date, (iii) there are no representations, warranties, covenants, undertakings or agreements by any Bank or any Agent as to the Loan Papers except as expressly set out in this Agreement or in another Loan Paper delivered on or after the Closing Date, (iv) neither any Bank nor any Agent owes any fiduciary duty to Borrower or any other Credit Party with respect to any Loan Paper or the transactions contemplated thereby, (v) the relationship ...
Waivers and Amendments Acknowledgments. 81 Section 10.2. Survival of Agreements; Cumulative Nature............... 83 Section 10.3. Notices................................................. 83 Section 10.4. Payment of Expenses; Indemnity.......................... 84 Section 10.5. Joint and Several Liability; Parties in Interest; Assignments; Replacement Notes.......................... 85 Section 10.6. Confidentiality......................................... 88 Section 10.7. Governing Law; Submission to Process.................... 88 Section 10.8. Waiver of Judgment Interest Act (Alberta)............... 89 Section 10.9. Deemed Reinvestment Not Applicable...................... 89 Section 10.10. Limitation on Interest.................................. 90 Section 10.11. Termination; Limited Survival........................... 90 Section 10.12. Severability............................................ 91 Section 10.13. Counterparts............................................ 91 Section 10.14. Waiver of Jury Trial, Punitive Damages, etc............. 91 Section 10.15.
Waivers and Amendments Acknowledgments. 45 Section 10.2. Survival of Agreements; Cumulative Nature...........................................47 Section 10.3. Notices.............................................................................47 Section 10.4. Payment of Expenses; Indemnity......................................................48 Section 10.5. Joint and Several Liability; Parties in Interest; Assignments.......................49 Section 10.6. Confidentiality.....................................................................51 Section 10.7. Governing Law; Submission to Process................................................51 Section 10.8. Limitation on Interest..............................................................52 Section 10.9. Termination; Limited Survival.......................................................53 Section 10.10. Severability........................................................................53 Section 10.11. Counterparts........................................................................53 Section 10.12. Waiver of Jury Trial................................................................53 Schedules and Exhibits: Lender Schedule Schedule 1 - Security Schedule Schedule 2 - Places of Business Exhibit A - Promissory Note Exhibit B - Request for Advance Exhibit C - Continuation/Conversion Notice Exhibit D - Certificate Accompanying Financial Statements Exhibit E - Financing Statement - Borrower Exhibit F - Assignment and Acceptance Agreement Exhibit G - Financing Statement - Lessee Exhibit H - Financing Statement - Company Exhibit I - Certification of Non-Foreign Status Exhibit J - Security Agreement Exhibit K - Guaranty Exhibit L - Pre-Closing Document List Exhibit M - Loan Application Exhibit N - Mortgage Exhibit O - Notice and Agreement Exhibit P - Loans to One Borrower Affidavit Exhibit Q - Collateral Assignment Exhibit R - Project Loan Certificate Exhibit S - Project Loan Agreement Exhibit T - Assignment of Leases and Rents Exhibit U - Subordination of Management Agreement Exhibit W - Monthly/Quarterly Financial Statement and Census Data Exhibit X - Subordination, Nondisturbance and Attornment Agreement MASTER LOAN AGREEMENT THIS MASTER LOAN AGREEMENT is made as of January 8, 1999, by and among ALS West, Inc., a Delaware corporation (herein called "BORROWER"), Alternative Living Services, Inc., a Delaware corporation (the "Company"), Guaranty Federal Bank, F.S.B, individually and as agent (herein called "AGENT") and the Lenders referred to below...
Waivers and Amendments Acknowledgments. 65 Section 10.2. Survival of Agreements; Cumulative Nature...........................66 Section 10.3. Notices.............................................................67 Section 10.4. Payment of Expenses; Indemnity......................................67 Section 10.5. Joint and Several Liability; Parties in Interest; Assignments....
Waivers and Amendments Acknowledgments. Survival of Agreements; Cumulative Nature
Waivers and Amendments Acknowledgments. 79 Section 10.2 Survival of Agreements; Cumulative Nature 81 Section 10.3 Notices 81
Waivers and Amendments Acknowledgments. Section 10.2. Survival of Agreements; Cumulative Nature Section 10.3. Notices Section 10.4. Indemnity Section 10.5.
Waivers and Amendments Acknowledgments. (a) No failure or delay (whether by course of conduct or otherwise) by any Bank or Administrative Agent in exercising any right, power or remedy which they may have under any of the Loan Papers shall operate as a waiver thereof or of any other right, power or remedy, nor shall any single or partial exercise by any Bank or Administrative Agent of any such right, power or remedy preclude any other or further exercise thereof or of any other right, power or remedy. No waiver of any provision of any Loan Paper and no consent to any departure therefrom shall ever be effective unless it is in writing and signed by Required Banks and/or Administrative Agent in accordance with Section 14.2(c), and then such waiver or consent shall be effective only in the specific instances and for the purposes for which given and to the extent specified in such writing. No notice to or demand on Borrower shall in any case of itself entitle Borrower to any other or further notice or demand in similar or other circumstances. This Agreement and the other Loan Papers set forth the entire understanding and agreement of the parties hereto and thereto with respect to the transactions contemplated herein and therein and supersede all prior discussions and understandings with respect to the subject matter hereof and thereof, and no modification or amendment of or supplement to this Agreement or the other Loan Papers shall be valid or effective unless the same is in compliance with Section 14.2
Waivers and Amendments Acknowledgments. 95 Section 10.2.Survival of Agreements; Cumulative Nature 97 Section 10.3.Notices; Effectiveness; Electronic Communication 97 Section 10.4.Expenses; Indemnity; Damage Waiver 98 Section 10.5.Successors and Assigns; Joint and Several Liability 100 Section 10.6.Confidentiality 104 Section 10.7.Governing Law; Submission to Process 105 . Limitation on Interest 106 Section 10.9.Severability 106 Section 10.10.Counterparts; Integration; Effectiveness 106 Section 10.11.Waiver of Jury Trial, Punitive Damages, etc. 106 Section 00.00.Xx Advisory or Fiduciary Responsibility 107 Section 10.13.USA PATRIOT Act Notice 108 Section 10.14.Right of Setoff 108 Section 10.15.Release of Collateral and Guarantee Obligations 108 Schedules and Exhibits: Schedule 1 - Lenders Schedule Schedule 2 - Disclosure Schedule Schedule 3 - Security Schedule Exhibit A - Promissory Note Exhibit B - Borrowing Notice Exhibit C - Continuation/Conversion Notice Exhibit D - Compliance Certificate Exhibit E - Assignment and Assumption iv Credit Agreement THIS CREDIT AGREEMENT is made as of March 28, 2014, by and among Eureka Hunter Pipeline, LLC, a Delaware limited liability company (“Borrower”), ABN AMRO Capital USA LLC, as Administrative Agent and as LC Issuer, and as sole Lead Arranger and the Lenders (as defined below).
Waivers and Amendments Acknowledgments. 72 Section 9.2. Survival of Agreements; Cumulative Nature 73 Section 9.3. Notices 74 Section 9.4. Joint and Several Liability; Parties in Interest 74 Section 9.5. Governing Law; Submission to Process 76 Section 9.6. Limitation on Interest 77 Section 9.7. Termination; Limited Survival 77 Section 9.8. Severability 78 Section 9.9. Counterparts 78 SECTION 9.10. WAIVER OF JURY TRIAL. 78 Section 9.11. Restatement 78 Schedules and Exhibits: LENDER SCHEDULE SCHEDULE 1 Disclosure Schedule SCHEDULE 2 Security Schedule SCHEDULE 3 California Real Estate SCHEDULE 4 List of Initial Engineering Reports EXHIBIT A Promissory Note EXHIBIT B Request for Advances EXHIBIT C Rate Election EXHIBIT D-1 Opinion of Xxxxxx & Xxxxxx, L.L.P., counsel for Related Persons EXHIBIT D-2 Opinion of Xxx Xxxx, special California counsel for Borrower EXHIBIT E Certificate Accompanying Financial Statements EXHIBIT F Assignment and Assumption EXHIBIT G Supplement to Credit Agreement for Additional Subsidiary Guarantor SECOND RESTATED CREDIT AGREEMENT THIS SECOND RESTATED CREDIT AGREEMENT is made as of June 30, 1999, by and among Nuevo Energy Company, a Delaware corporation (herein called "Borrower"), certain Subsidiaries of Borrower from time to time a party hereto, NationsBank, N.A., a national banking association (herein called "Administrative Agent"), Xxxxxx Guaranty Trust Company of New York (herein called "Documentation Agent"), and the Lenders referred to below.
