Common use of Acknowledgments and Stipulations Clause in Contracts

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings or other similar laws of general application affecting the enforcement of creditors’ rights generally or by general equitable principles; 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 Liens granted by such Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements to have priority over the Liens of Agent; and, as of the close of business on October 26, 2009, the unpaid principal amount of the Revolving Loans totaled $11,800,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.75.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Credit Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings Insolvency Proceedings or other similar laws of general application affecting the enforcement of creditors’ rights generally or by general equitable principles; 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 Liens granted by such each Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements Credit Documents to have priority over the Liens of Agent; and, as of the close of business on October 26February 5, 20092004, the unpaid principal amount of the Revolving Revolver Loans totaled $11,800,00045,000,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.753,701,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Credit Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings Insolvency Proceedings or other similar laws of general application affecting the enforcement of creditors’ rights generally or by general equitable principles; 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 Liens granted by such each Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements Credit Documents to have priority over the Liens of Agent; and, as of the close of business on October 26September 30, 20092005, the unpaid principal amount of the Revolving Revolver Loans totaled $11,800,00037,500,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.755,376,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Credit Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings Insolvency Proceedings or other similar laws of general application affecting the enforcement of creditors’ rights generally or by general equitable principles; 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 Liens granted by such Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements Credit Documents to have priority over the Liens of Agent; and, as of the close of business on October 26January 25, 20092007, the unpaid principal amount of the Revolving Revolver Loans totaled $11,800,0000, the unpaid principal amount of the Term Loan totaled $25,000,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.757,435,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Credit Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings Insolvency Proceedings or other similar laws of general application affecting the enforcement of creditors’ ' rights generally or by general equitable principles; 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 Liens granted by such each Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements Credit Documents to have priority over the Liens of Agent; and, as of the close of business on October 26June 27, 20092003, the unpaid principal amount of the Revolving Revolver Loans totaled $11,800,00065,600,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.753,642,750.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Credit Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings Insolvency Proceedings or other similar laws of general application affecting the enforcement of creditors’ rights generally or by general equitable principles; 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 Liens granted by such Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements Credit Documents to have priority over the Liens of Agent; and, as of the close of business on October 26November 2, 20092007, the unpaid principal amount of the Revolving Revolver Loans totaled $11,800,00017,000,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.754,426,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Credit Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings Insolvency Proceedings or other similar laws of general application affecting the enforcement of creditors’ rights generally or by general equitable principles; 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 Liens granted by such each Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements Credit Documents to have priority over the Liens of Agent; and, as of the close of business on October 2629, 20092003, the unpaid principal amount of the Revolving Revolver Loans totaled $11,800,00033,600,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.753,376,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Credit Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings Insolvency Proceedings or other similar laws of general application affecting the enforcement of creditors’ ' rights generally or by general equitable principles; 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 Liens granted by such Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements Credit Documents to have priority over the Liens of Agent; and, as of the close of business on October 26May 24, 20092007, the unpaid principal amount of the Revolving Revolver Loans totaled $11,800,00064,000,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.754,426,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Credit Agreement and the other Financing Agreements 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, except as the enforceability thereof may be limited by laws relating to insolvency proceedings Insolvency Proceedings or other similar laws of general application affecting the enforcement of creditors’ rights generally or by general equitable principles; 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 Liens granted by such each Borrower in favor of Agent are first priority Liens, subject only to those Permitted Liens which are expressly permitted by the terms of the Financing Agreements Credit Documents to have priority over the Liens of Agent; and, as of the close of business on October 26February 4, 20092005, the unpaid principal amount of the Revolving Revolver Loans totaled $11,800,00027,400,000, and the face amount of outstanding Letters of Credit totaled $8,334,588.754,876,000.