Common use of Acknowledgment of Obligations Clause in Contracts

Acknowledgment of Obligations. Borrower hereby acknowledges, confirms and agrees that as of the close of business on December 23, 2016, (a) Borrower is indebted to Lenders in respect of the Revolving Loans in the principal amount of $11,600,000, (b) Borrower is indebted to Lenders in respect of Letters of Credit in the principal amount of $73,896.22, and (c) Borrower is indebted to Lenders in respect of Bank Products in the principal amount of $0. Borrower hereby acknowledges, confirms and agrees that all such Obligations, together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by Borrower to Lenders, are unconditionally owing by Borrower to Lenders, without offset, defense or counterclaim of any kind, nature or description whatsoever.

Appears in 1 contract

Sources: Credit Agreement (Enphase Energy, Inc.)

Acknowledgment of Obligations. Each Borrower hereby acknowledges, confirms and agrees that as of the close of business on December 2322, 2016, 2009, (a) Borrower is Borrowers are indebted to Lenders in respect of the Revolving Credit Loans (including Swingline Loans) in the principal amount of $11,600,00052,271,348.09, and (b) Borrower is Borrowers are indebted to Lenders in respect of Letters of Credit the LC Obligations in the principal amount of $73,896.22, and (c) Borrower is indebted to Lenders in respect of Bank Products in the principal amount of $01,275,000.00. Each Borrower hereby acknowledges, confirms and agrees that all such Loans and LC Obligations, together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by any Borrower to Lenders, are unconditionally owing by Borrower Borrowers to Lenders, without offset, defense or counterclaim of any kind, nature or description whatsoever.

Appears in 1 contract

Sources: Forbearance Extension (Neenah Foundry Co)

Acknowledgment of Obligations. Borrower hereby acknowledges, confirms and agrees that as of the close of business on December 23August 19, 2016, 2013, (ai) Borrower is indebted to Agent and Lenders in respect of the Revolving Loans in the principal amount of $11,600,000, (b) Borrower is indebted to Lenders in respect of Letters of Credit in the principal amount of $73,896.22, and (c) Borrower is indebted to Lenders in respect of Bank Products Advances in the principal amount of $0, (ii) Borrower is indebted to Agent and Lenders in respect of the Term Loan in the aggregate principal amount of $25,077,778.78, and (iii) Borrower is indebted to Lender in respect of the Letter of Credit Usage in the principal amount of $30,000. Borrower hereby acknowledges, confirms and agrees that all such Obligationsloans, together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by Borrower to Agent and Lenders, pursuant to the Loan Documents are unconditionally owing by Borrower to Agent and Lenders, without offset, defense or counterclaim of any kind, nature or description whatsoever.

Appears in 1 contract

Sources: Credit Agreement (Oclaro, Inc.)

Acknowledgment of Obligations. Borrower hereby acknowledges, confirms and agrees that as of the close of business on December 2331, 2016, 2012, (a) Borrower is indebted to Lenders in respect of the Revolving Loans Loan in the principal amount of $11,600,0007,066,690.05, and (b) Borrower is indebted has contingent reimbursement obligations to Lenders in respect of outstanding Letters of Credit in the principal aggregate face amount of $73,896.22, and (c) Borrower is indebted to Lenders in respect of Bank Products in the principal amount of $01,062,000.00. Borrower hereby acknowledges, confirms and agrees that all such Obligations, Obligations together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by Borrower to Agent and Lenders, are unconditionally owing (other than with respect to reimbursement obligations in respect of undrawn Letters of Credit, which are conditionally owing) by Borrower to Lenders, without offset, defense or counterclaim of any kind, nature or description whatsoever.

Appears in 1 contract

Sources: Credit Agreement (Ocz Technology Group Inc)

Acknowledgment of Obligations. Each Borrower hereby acknowledges, confirms and agrees that as of the close of business on December 2331, 2016, 2012, (a) Borrower is Borrowers are indebted to Lenders in respect of the Revolving Loans in the principal amount of $11,600,00040,191,272.56, (b) Borrower is Borrowers are indebted to Lenders in respect of Letters of Credit in the principal amount of $73,896.22972,000, and (c) Borrower is Borrowers are indebted to Lenders Bank Product Providers in respect of Bank Products Product Obligations in the principal amount of $00.00. Each Borrower hereby acknowledges, confirms and agrees that all such Obligations, together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by any Borrower to LendersAgent or Lenders pursuant to the terms of the Credit Agreement and other Loan Documents, are unconditionally owing by Borrower to LendersBorrowers, without offset, defense or counterclaim of any kind, nature or description whatsoever.

Appears in 1 contract

Sources: Forbearance Agreement (School Specialty Inc)

Acknowledgment of Obligations. Each Borrower hereby acknowledges, confirms and agrees that as of the close of business on December 23September 15, 2016, 2009, (a) Borrower is Borrowers are indebted to Lenders in respect of the Revolving Loans Loan in the principal amount of $11,600,0000, (b) Borrower is Borrowers are indebted to Lenders in respect of the Term Loan in the aggregate principal amount of $3,549,942.04, and (c) Borrowers are indebted to Lenders in respect of Letters of Credit in the principal face amount of $73,896.22, and (c) Borrower is indebted to Lenders in respect of Bank Products in the principal amount of $0718,031.00. Each Borrower hereby acknowledges, confirms and agrees that all such Loans and other Obligations, together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by any Borrower to Lenders, are unconditionally owing by Borrower Borrowers to Lenders, without offset, defense or counterclaim of any kind, nature or description whatsoever.

Appears in 1 contract

Sources: Amendment and Forbearance Agreement (Clark Holdings Inc.)

Acknowledgment of Obligations. Each Borrower hereby acknowledges, confirms and agrees that as of the close of business on December 23February 24, 2016, 2010, (a) Borrower is Borrowers are indebted to Lenders in respect of the Revolving Loans Loan in the principal amount of $11,600,0000, (b) Borrower is Borrowers are indebted to Lenders in respect of the Term Loan in the aggregate principal amount of $2,894,748.44, and (c) Borrowers are indebted to Lenders in respect of Letters of Credit in the principal face amount of $73,896.22, and (c) Borrower is indebted to Lenders in respect of Bank Products in the principal amount of $0718,031.00. Each Borrower hereby acknowledges, confirms and agrees that all such Loans and other Obligations, together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by any Borrower to Lenders, are unconditionally owing by Borrower Borrowers to Lenders, without offset, defense or counterclaim of any kind, nature or description whatsoever.

Appears in 1 contract

Sources: Forbearance Agreement and Credit Agreement (Clark Holdings Inc.)

Acknowledgment of Obligations. Borrower hereby acknowledges, confirms and agrees that as of the close of business on December 2321, 2016, , (a) Borrower is indebted to Lenders in respect of the Revolving Loans in the principal amount of $11,600,000, (b) Borrower is indebted to Lenders in respect of Letters of Credit in the principal amount of $73,896.22, and (c) Borrower is indebted to Lenders in respect of Bank Products in the principal amount of $0. Borrower hereby acknowledges, confirms and agrees that all such Obligations, together with interest accrued and accruing thereon, and all fees, costs, expenses and other charges now or hereafter payable by Borrower to Lenders, are unconditionally owing by Borrower to Lenders, without offset, defense or counterclaim of any kind, nature or description whatsoever.

Appears in 1 contract

Sources: Credit Agreement (Enphase Energy, Inc.)