Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Credit Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liens; and the unpaid principal amount of the Loans and the issued and outstanding Letters of Credit on and as of the close of business on November 14, 2006, totaled $186,523,864.59.
Appears in 1 contract
Sources: Credit and Security Agreement (PNA Group Holding CORP)
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Credit Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against 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 such each Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and the unpaid principal amount of the Loans and the issued and outstanding Letters of Credit on and as of the close of business on November 14January 30, 20062015, totaled $186,523,864.591,199,979.35.
Appears in 1 contract
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Credit Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and the unpaid principal amount of the Revolver Loans and the issued and outstanding Letters of Credit on and as of August 13, 2003, totaled approximately $10,000,000 and the close unpaid amount of business the LC Obligations on November 14and as of August 13, 20062003, totaled $186,523,864.590.
Appears in 1 contract
Sources: Loan and Security Agreement (Artesyn Technologies Inc)
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Credit Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and the unpaid principal amount of the Loans and the issued and outstanding Letters of Credit on and as of the close of business on November 14April 12, 20062001, totaled $186,523,864.5912,601,259.
Appears in 1 contract
Sources: Loan and Security Agreement (Atlantic Premium Brands LTD)
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that each of the Credit Agreement and the other Credit Loan Documents executed by such Borrower are creates legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each Borrower such ▇▇▇▇▇▇▇▇ in favor of Lender ▇▇▇▇▇▇ are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and on and as of January 30, 2020, the unpaid principal amount of the Revolver Loans and the issued and outstanding Letters of Credit on and as of the close of business on November 14, 2006, totaled $186,523,864.591,116,943.78.
Appears in 1 contract
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Credit Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and the unpaid principal amount of the Loans and the issued and outstanding Letters of Credit Revolver Loan on and as of the close of business on November 14December 1, 20062005, totaled $186,523,864.590.
Appears in 1 contract
Sources: Loan and Security Agreement (Artesyn Technologies Inc)
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that each of the Credit Agreement and the other Credit Loan Documents executed by such Borrower are creates legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and on and as of January 31, 2020, the unpaid principal amount of the Loans and the issued and outstanding Letters of Credit on and as of the close of business on November 14, 2006, Loan totaled $186,523,864.592,000,000.
Appears in 1 contract
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Credit Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and the unpaid principal amount of the Loans and the issued and outstanding Letters of Credit on and as of the close of business on November 14September 19, 20062007, totaled $186,523,864.5932,481,938.31.
Appears in 1 contract
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Credit Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against 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 hereofhereof , the same is hereby waived by such each Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfectedperfected , first priority security interests and liens subject only to Permitted Liensliens; and the unpaid principal amount of the Loans and the issued and outstanding Letters of Credit on and as of the close of business on November 14, 2006March 25,2015, totaled $186,523,864.591.018,695.56.
Appears in 1 contract
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that each of the Credit Agreement and the other Credit Loan Documents executed by such Borrower are creates legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and the unpaid principal amount of the Revolver Loans and the issued and outstanding Letters of Credit on and as of the close of business on November 14May 4, 20062020, totaled $186,523,864.595,641,487.94.
Appears in 1 contract
Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Credit Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against 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 such Borrower); the security interests and liens granted by each such Borrower in favor of Lender are duly perfected, first priority security interests and liens subject only to Permitted Liensliens; and the unpaid principal amount of the Loans and the issued and outstanding Letters of Credit on and as of the close opening of business on November 1426, 20062019, totaled $186,523,864.595,639,521.78.
Appears in 1 contract
Sources: Loan and Security Agreement (Blue Star Foods Corp.)