Third Forbearance Agreement definition
Examples of Third Forbearance Agreement in a sentence
The Revolving Note matures on January 9, 2009, and Borrower has requested that Lender extend the Maturity Date in connection with the Third Forbearance Agreement as set forth below.
As of the Effective Date, the Third Forbearance Agreement is hereby terminated and each Participating Counterparty hereby reinstates each of its Applicable Agreements and Other Agreements on its individual terms except as overridden by Section 3 hereof.
The Revolving Note is governed by the Loan Agreement dated January 9, 2007, among Borrower, Lender, and Guarantors (as defined therein), as amended (the “Loan Agreement”), as modified by the Forbearance Agreement dated August 31,2007, among Borrower, Lender, and Guarantors, the Second Forbearance Agreement dated March 26, 2008, among Borrower, Lender, and Guarantors, and the Third Forbearance Agreement (the “Third Forbearance Agreement”) of even date herewith, among Borrower, Lender, and Guarantors.
This Agreement, together with all Applicable Agreements to which the parties are bound, the First Forbearance Agreement, the Second Forbearance Agreement, the Third Forbearance Agreement, and the Security Documents constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings relating to any Effective Date Events of Default.
Therefore, this Third Forbearance Agreement shall be construed without regard to any presumption or rule requiring that it be construed against any one party causing this Third Forbearance Agreement or any part hereof to be drafted.
Each Borrower Party acknowledges that neither Administrative Agent nor any Lender has made any representation with respect to the subject of this Third Forbearance Agreement except as expressly set forth herein.
All capitalized terms used herein (including the recitals hereto) will have the respective meanings ascribed thereto in the Third Forbearance Agreement or, if not defined therein, in the Credit Agreement unless otherwise defined herein.
Before execution of this Third Forbearance Agreement, each Borrower Party has had adequate opportunity to make whatever investigation or inquiry it may deem necessary or desirable in connection with the subject matter of this Third Forbearance Agreement.
Any provision of this Third Forbearance Agreement that is held to be inoperative, unenforceable, voidable, or invalid in any jurisdiction shall, as to that jurisdiction, be ineffective, unenforceable, void, or invalid without affecting the remaining provisions in that or any other jurisdiction, and to this end the provisions of this Third Forbearance Agreement are declared to be severable.
This Third Forbearance Agreement shall be deemed to have been executed and delivered on the Effective Date.