Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this Agreement, under the Facility Agreement (as amended hereby) under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 3 contracts
Sources: Facility Agreement, Facility Agreement (Mannkind Corp), Facility Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this Agreement, under the Facility Agreement (as amended hereby) ), under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 2 contracts
Sources: Eighth Amendment to Facility Agreement (Mannkind Corp), Facility Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this AgreementAmendment, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this AgreementAmendment, under the Facility Agreement (as amended hereby) ), under the Notes (as amended hereby) and under the other Transaction DocumentsDocuments (as amended hereby), and each of the parties hereto agrees not to take any contrary positions.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term terms “Notes” and “Warrants” as used in the Transaction Documents shall mean the Notes, as, Notes and to the extent, Warrants as amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this Agreement, under the Facility Agreement (as amended hereby) under the Notes (as amended hereby) and under the other Transaction DocumentsAmendment, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Sources: Waiver and Amendment (Infinity Energy Resources, Inc)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower Company under this Agreement, under the Facility Agreement (as amended hereby) under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower Company under this Agreement, under the Facility Purchase Agreement (as amended hereby) ), under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Sources: Senior Notes and Purchase Agreement (South Texas Oil Co)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this AgreementAmendment, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this AgreementAmendment, under the Facility Agreement (as amended hereby) under the Notes (as amended hereby) and under the other Transaction DocumentsDocuments (as amended hereby), and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Sources: Facility Agreement (Mannkind Corp)
Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this AgreementAmendment, and (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this AgreementAmendment, under the Facility Agreement (as amended hereby) ), under the Notes (as amended hereby) and under the other Transaction Documents, and each of the parties hereto agrees not to take any contrary positions.
Appears in 1 contract
Sources: Facility Agreement (Mannkind Corp)