Common use of Acknowledgments and Stipulations Clause in Contracts

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by Borrowers are legal, valid and binding obligations of Borrowers that are enforceable against Borrowers in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by each Borrower); and the security interests and liens granted by Borrowers in favor of Administrative Agent, for the benefit of itself and Lenders, are duly perfected, first priority security interests and liens to the extent provided therein.

Appears in 7 contracts

Sources: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Loan Documents executed by Borrowers such Borrower are legal, valid and binding obligations of Borrowers such Borrower that are enforceable against Borrowers such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by each Borrower); and the security interests and liens granted by Borrowers each Borrower in favor of Administrative Agent, for the benefit of itself and Lenders, Agent are duly perfected, first priority security interests and liens to the extent provided thereinliens.

Appears in 7 contracts

Sources: Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Tropical Sportswear International Corp)

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Loan Documents Financing Agreements executed by Borrowers such Borrower are legal, valid and binding obligations of Borrowers such Borrower that are enforceable against Borrowers such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by each such Borrower); and the security interests and liens granted by Borrowers in favor of Administrative Agent, for the benefit of itself and Lenders, Agent are duly perfected, first priority security interests and liens, subject only to liens to and other encumbrances permitted under the extent provided thereinLoan Agreement.

Appears in 6 contracts

Sources: Loan and Security Agreement (Sed International Holdings Inc), Loan and Security Agreement (Sed International Holdings Inc), Loan and Security Agreement (Sed International Holdings Inc)

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that each of the Credit Agreement and the other Loan Documents executed by Borrowers are such Borrower creates legal, valid and binding obligations of Borrowers such Borrower that are enforceable against Borrowers such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby knowingly and voluntarily waived by each such Borrower); and the security interests and liens granted by Borrowers such Borrower in favor of Administrative Agent, for the benefit of itself and Lenders, Lender are duly perfected, first priority security interests and liens to the extent provided thereinliens.

Appears in 2 contracts

Sources: Loan and Security Agreement (LIVE VENTURES Inc), Loan and Security Agreement (LIVE VENTURES Inc)

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by Borrowers such Borrower are legal, valid and binding obligations of Borrowers such Borrower that are enforceable against Borrowers such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by each such Borrower); and the security interests and liens granted by Borrowers such Borrower in favor of Administrative Agent, for the benefit of itself and Lenders, L▇▇▇▇▇ are duly perfected, first priority security interests and liens to the extent provided thereinliens.

Appears in 2 contracts

Sources: Credit and Security Agreement (Singing Machine Co Inc), Credit and Security Agreement (Singing Machine Co Inc)

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by Borrowers are legal, valid and binding obligations of Borrowers that are enforceable against Borrowers in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by each Borrower); and the security interests and liens granted by Borrowers in favor of Administrative Agent, for the benefit of itself and Lenders, are duly perfected, first priority security interests and liens to the extent provided thereinliens.

Appears in 2 contracts

Sources: Credit Agreement (Superior Essex Inc), Credit Agreement (Superior Essex Inc)

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates --------------------------------- that the Credit Loan Agreement and the other Loan Documents executed by Borrowers Borrower are legal, valid and binding obligations of Borrowers Borrower that are enforceable against Borrowers Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by each Borrower); and the security interests and liens Liens granted by Borrowers Borrower in favor of Administrative Agent, for the benefit of itself and Lenders, are duly perfected, first priority security interests and liens to the extent provided thereinLiens.

Appears in 1 contract

Sources: Loan and Security Agreement (Pameco Corp)

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Loan Documents executed by Borrowers such Borrower are legal, valid and binding obligations of Borrowers such Borrower that are enforceable against Borrowers such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by each Borrower); and the security interests and liens granted by Borrowers in favor of Administrative Agent, for the benefit of itself and Lenders, Lender are duly perfected, first priority security interests and liens to the extent provided thereinliens.

Appears in 1 contract

Sources: Loan and Security Agreement (Digital Recorders Inc)