Anything in this [Section 2.3(e)] to the contrary notwithstanding, if a Lender is a Defaulting Lender, Agent shall be entitled to refrain from remitting settlement amounts to the Defaulting Lender and, instead, shall be entitled to elect to implement the provisions set forth in [Section 2.3(g)].
Anything in this [Section 14.1] to the contrary notwithstanding, # any amendment, modification, elimination, waiver, consent, termination, or release of, or with respect to, any provision of this Agreement or any other Loan Document that relates only to the relationship of the Lender Group among themselves, and that does not affect the rights or obligations of any Loan Party, shall not require consent by or the agreement of any Loan Party, # any amendment, waiver, modification, elimination, or consent of or with respect to any provision of this Agreement or any other Loan Document may be entered into without the consent of, or over the objection of, any Defaulting Lender other than any of the matters governed by [Section 14.1(a)(i) through (iii)] that affect such Lender, # any amendment contemplated by [Section 2.12(d)(iii)] of this Agreement in connection with a Benchmark Transition Event shall be effective as contemplated by such [Section 2.12(d)(iii)] hereof and # any amendment contemplated by [Section 2.6(g)] of this Agreement in connection with the use or administration of Term SOFR shall be effective as contemplated by such [Section 2.6(g)];
Nothing in this [Section 14.6] shall affect the right of any holder to serve process in any manner permitted by law, or limit any right that the [[Subsidiary Guarantors:Organization]] may have to bring proceedings against any Subsidiary Guarantor in the courts of any appropriate jurisdiction or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction.
Nothing in this [Section 9.20] will constitute a waiver or release of any claim of the Administrative Agent hereunder arising from any Payment Recipient’s receipt of an Erroneous Payment.
Nothing in this [Section 22.7] shall affect the right of any holder of a Note to serve process in any manner permitted by law, or limit any right that the holders of any of the Notes may have to bring proceedings against the Company in the courts of any appropriate jurisdiction or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction.
Nothing in this [Section 7.08] shall affect the right of Bank to serve legal process in any other manner permitted by law or affect the right of Bank to bring any action or proceeding against Borrower or its property in the courts of other jurisdictions.
[Schedule 4.7(b)] sets forth a complete and accurate description, with respect to each of the actions, suits, or proceedings with asserted liabilities in excess of, or that could reasonably be expected to result in liabilities in excess of $2,500,000 that, as of the Closing Date, is pending or, to the knowledge of Borrowers, after due inquiry, threatened against a Loan Party or any of its Subsidiaries, of # the parties to such actions, suits, or proceedings, # the nature of the dispute that is the subject of such actions, suits, or proceedings, # the status, as of the Closing Date, with respect to such actions, suits, or proceedings, and # whether any liability of the Loan Parties’ and their Subsidiaries in connection with such actions, suits, or proceedings is covered by insurance.
[Article 4.2], Annual Salary Review shall be modified to add the following sentence: “Upon successful transfer of the duties and responsibilities of CEO to a designated replacement approved by the Company Board Of Directors [[Mr. Laflin:Person]] will receive a pre-tax bonus of $25,000.”
[Sections 4.12(a) and (b)])] of the Agreement are hereby amended in their entirety
[Schedule 4.2(a)] contains a copy of the unaudited financial statements of the as of, and for the years ended, December 31, 2017, 2016 and 2015 (collectively, the “Annual Financial Statements”) and the unaudited balance sheet and statements of income and cash flows of the as of, and for the quarter ended, March 31, 2018 (the “Interim Financial Statements” and, together with the Annual Financial Statements, the “Financial Statements”). Each of the Financial Statements fairly presents, in all material respects, the financial condition and the results of the operations of the , as of the respective dates and for the respective periods indicated. The Financial Statements have been prepared in accordance with GAAP on a consistent basis throughout the periods involved, except as otherwise disclosed in [Schedule 4.2(a)] or the Financial Statements and, with respect to the Interim Financial Statements, subject to normal year-end adjustments and the absence of notes.
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