Xx Novation Sample Clauses

Xx Novation. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Financing Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby.

Xx Novation. This Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the Credit Agreement or an accord and satisfaction in regard thereto.

Xx Novation. This Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the Note Purchase Agreement and the other Note Documents or an accord and satisfaction in regard thereto.

Xx Novation. This Note shall amend and restate in its entirety that certain Second Amended and Restated Receivables Loan Note by Borrower payable to the order of Lender dated as of March 12, 2018 in the face amount of $50,000,000 (the “Prior Note”). Nothing contained herein shall be deemed to constitute a novation or satisfaction of the Prior Note but the terms and conditions of this Note shall supersede the terms and conditions of the Prior Note in its entirety. It is the intent of Borrower and Lender that this Note constitute an exempt renewal note in accordance with §201.09 Florida Statutes.

Xx Novation. Each of the Loan Parties, the Agent and the Lenders acknowledges and agrees that the terms of this Amendment do not constitute a novation of the Credit Agreement and related Obligations arising thereunder, but rather an amendment of the terms of pre-existing Obligations and related agreements, as evidenced by this Amendment.

Xx Novation. Nothing contained herein and no actions taken pursuant to the terms hereof are intended to constitute a novation of the Agreement or any of the Loan Documents and shall not constitute a release, termination or waiver of any of the liens and security interests (if any), rights or remedies granted to the Lender in the Loan Documents.

Xx Novation. This First Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the DIP Note Purchase Agreement and the other DIP Note Documents or an accord and satisfaction in regard thereto. ​

Xx Novation. This Fifth Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the Note Purchase Agreement and the other Note Documents or an accord and satisfaction in regard thereto. ​

Xx Novation. The parties do not intend this Agreement nor the transactions contemplated hereby to be, and this Agreement and the transactions contemplated hereby shall not, be construed to be, a novation of any of the obligations owing by any Borrower Party under or in connection with the Loan Documents. Further, the parties do not intend this Agreement or the transactions contemplated hereby to affect the priority of any of Xxxxxx’s liens in any of the collateral securing the Indebtedness in any way, including, but not limited to, the liens, security interests and encumbrances created by the Mortgage and the other Loan Documents.

Xx Novation. This Agreement hereby replaces in its entirety, that certain Intercompany Subordination Agreement dated as of November 7, 2011, by and among the Companies party thereto, and the Administrative Agent (as thereafter amended, supplemented, restated or modified from time to time, the "Original Subordination Agreement"), and the Companies acknowledge and agree that the amendment and restatement of the Original Subordination Agreement by this Agreement is not intended to constitute, nor does it constitute, a novation, interruption, suspension of continuity, satisfaction, discharge or termination of the obligations, liabilities, or indebtedness under the Original Subordination Agreement and this Agreement is entitled to all rights and benefits originally pertaining to the Original Subordination Agreement. WITNESS the due execution hereof as of the day and year first above written with the intent that it constitute a sealed instrument.