Example ContractsClausesContinued Effectiveness of the Financing Agreement and Other Loan Documents
Continued Effectiveness of the Financing Agreement and Other Loan Documents
Continued Effectiveness of the Financing Agreement and Other Loan Documents contract clause examples

Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.

All of the conditions applicable to the requested Loan as set forth in the Credit Agreement have been satisfied as of the date hereof and will remain satisfied to the date of such Loan, including:

Ratification. Dealers hereby ratify and confirm the Agreements, as amended hereby, and each other Financing Document executed by such Dealer in all respects. All terms and provisions of the Agreements not specifically amended by this Amendment shall remain unchanged and in full force and effect.

The execution, delivery and performance by each Borrower and Guarantor of each of the Loan Documents to which such Borrower or Guarantor is a party # will not violate any provision of the certificate of incorporation, by-laws, certificate of partnership, partnership agreement, certificate of formation, articles of organization, operating agreement, trust agreement or other organizational documents of such Borrower or Guarantor, # will not contravene any Legal Requirements or any contractual or other restriction binding on or affecting such Borrower or Guarantor, and # will not result in or require the creation of any Lien (other than pursuant to the Loan Documents) upon or with respect to any of the properties of such Borrower or Guarantor.

Lender is unwilling to make the Loan unless Borrowers execute and deliver this Agreement, and Borrowers and Guarantor (as defined below) execute and deliver the other Loan Documents (as defined below) to which Borrowers and/or Guarantor are a party, which Loan Documents shall establish the terms and conditions of, and provide security for, the Secured Obligations (as defined below).

Section # Term of this Agreement. This Agreement shall remain in full force and effect until the Facility Termination Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made or deemed made by the Borrower pursuant to Article Five and the indemnification and payment provisions, including those of Article Eleven, the provisions of [Section 14.10] and any other provision of this Agreement expressly stated to survive, shall be continuing and shall survive any termination of this Agreement or the assignment, resignation or removal by or of the applicable parties hereto.

Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not # limit, impair, constitute an amendment, forbearance or waiver by, or otherwise affect any right, power or remedy of the Lender under the Credit Agreement or any other Loan Document or waive, affect or diminish any right of the Lender to demand strict compliance and performance therewith, # constitute a waiver of, or forbearance with respect to, any Default or Event of Default, whether known or unknown or # alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

This Amendment is a Loan Document.

. In the event of any conflict between the provisions of this Agreement and the provisions of any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by counsel in connection with the negotiation and drafting of the Loan Documents and 153758634 Loan Agreement (CT/NJ Loan) - GTJ Portfolio Refinancing - AIG

Upon the effectiveness of this Amendment, each reference in each Loan Document to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to such Loan Document as modified hereby, each reference in the other Loan Documents to the Credit Agreement, “thereunder,” “thereof,” or words of like import shall mean and be a reference to the Credit Agreement as modified hereby, and each reference in the other Loan Documents to the Security Agreement, “thereunder,” “thereof,” or words of like import shall mean and be a reference to the Security Agreement as modified hereby. This Amendment constitutes a Loan Document and any breach of any representation or warranty made herein or covenant or agreement contained herein will constitute an Event of Default under the Amended Credit Agreement (subject to any applicable grace periods, materiality qualifications or other qualifications set forth in the Amended Credit Agreement).

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