CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 58 contracts
Sources: Loan Modification Agreement (Sento Corp), Loan Modification Agreement (Broadvision Inc), Loan Modification Agreement (Maxim Pharmaceuticals Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.
Appears in 27 contracts
Sources: Business Financing Modification Agreement (Glowpoint, Inc.), Business Financing Modification Agreement (Socket Mobile, Inc.), Business Financing Modification Agreement (ADESTO TECHNOLOGIES Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 16 contracts
Sources: Loan and Security Agreement (Sirf Technology Holdings Inc), Loan Modification Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Sirf Technology Holdings Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 14 contracts
Sources: Loan Modification Agreement (Witness Systems Inc), Loan Modification Agreement (Sierra Semiconductor Corp), Loan Modification Agreement (Mti Technology Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 13 contracts
Sources: Loan Modification Agreement (Verisity LTD), Loan and Security Agreement (Atroad Inc), Loan and Security Agreement (Clarent Corp/Ca)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 11 contracts
Sources: Loan Modification Agreement (Kana Software Inc), Loan Modification Agreement (Kana Software Inc), Loan Modification Agreement (Infonow Corp /)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 11 contracts
Sources: Loan Modification Agreement (Interwoven Inc), Loan Modification Agreement (Optio Software Inc), Loan and Security Agreement (Omnicell Inc /Ca/)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan and Security Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan and Security Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan and Security Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan and Security Modification Agreement. The terms of this paragraph apply not only to this Loan and Security Modification Agreement, but also to all any subsequent loan Loan and Security modification agreements.
Appears in 10 contracts
Sources: Loan and Security Modification Agreement, Loan and Security Modification Agreement (Singulex Inc), Loan and Security Modification Agreement (Singulex Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Silicon is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankSilicon's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 9 contracts
Sources: Loan Modification Agreement (Eip Microwave Inc), Loan and Security Agreement (Advanced Power Technology Inc), Loan and Security Agreement (Mission Critical Software Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) B▇▇▇▇▇▇▇ understands and agrees that in modifying the existing Indebtedness, Bank L▇▇▇▇▇ is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. In addition, Borrower represents, warrants and covenants that since the date of the Business Financing Agreement or the last modification, consent or waiver to the Business Financing Agreement, if any, none of Borrower’s officers authorized to sign this Modification have changed. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank L▇▇▇▇▇ and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all any subsequent loan modification agreements.
Appears in 9 contracts
Sources: Business Financing Agreement (MNTN, Inc.), Business Financing Agreement (MNTN, Inc.), Business Financing Agreement (MNTN, Inc.)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 7 contracts
Sources: Loan and Security Agreement (Synaptics Inc), Loan and Security Agreement (Comverge, Inc.), Loan Modification Agreement (Advanced Energy Industries Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) Seller understands and agrees that in modifying the existing Indebtedness, Bank Buyer is relying upon Borrower's Seller’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Accounts Receivable Purchase Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Buyer’s agreement to modifications to the existing Indebtedness pursuant to this Loan Accounts Receivable Purchase Modification Agreement in no way shall obligate Bank Buyer to make any future modifications to the Indebtedness. Nothing in this Loan Accounts Receivable Purchase Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Buyer and Borrower Seller to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Buyer in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Accounts Receivable Purchase Modification Agreement. The terms of this paragraph apply not only to this Loan Accounts Receivable Purchase Modification Agreement, but also to all any subsequent loan Accounts Receivable Purchase modification agreements.
Appears in 6 contracts
Sources: Accounts Receivable Purchase Modification Agreement (Egain Communications Corp), Accounts Receivable Purchase Modification Agreement (Aml Communications Inc), Accounts Receivable Purchase Modification Agreement (Superconductor Technologies Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 6 contracts
Sources: Loan Modification Agreement (Medialink Worldwide Inc), Loan Modification Agreement (Harmonic Lightwaves Inc), Loan Modification Agreement (Laserscope)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Accounts Receivable Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Accounts Receivable Financing Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Accounts Receivable Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Accounts Receivable Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Accounts Receivable Financing Modification Agreement, but also to all any subsequent loan Accounts Receivable Financing modification agreements.
Appears in 6 contracts
Sources: Accounts Receivable Financing Modification Agreement (Fischer Imaging Corp), Accounts Receivable Financing Modification Agreement (Fischer Imaging Corp), Accounts Receivable Financing Modification Agreement (Fischer Imaging Corp)
CONTINUING VALIDITY. Borrower (Borrowers understand and each guarantor and pledgor signing below) understands and agrees agree that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, Borrowers’ representations and agreements, as warranties set forth in this Modification and the Existing reaffirmation of Borrowers’ performance obligations under the Loan Documents, subject to the modifications set forth herein. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all any subsequent loan modification agreements.
Appears in 5 contracts
Sources: Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 5 contracts
Sources: Loan Modification Agreement (Data Critical Corp), Loan Modification Agreement (Solopoint Inc), Loan Modification Agreement (Data Critical Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 5 contracts
Sources: Loan Modification Agreement (Kana Software Inc), Loan Modification Agreement (Spectrian Corp /Ca/), Loan Modification Agreement (Spectrian Corp /Ca/)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 4 contracts
Sources: Loan Modification Agreement (Sonus Networks Inc), Loan Modification Agreement (Network Engines Inc), Loan and Security Agreement (Rf Micro Devices Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank PFG is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankPFG's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement Obligations in no way shall obligate Bank PFG to make any future consents, waivers or modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations or a waiver of any default under the Existing Loan Documents. It is the intention of Bank PFG and Borrower to retain as liable parties all makers and endorsers endorsers, if any, of the Existing Loan Documents, unless the party is expressly released by Bank PFG in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all subsequent loan modification agreements.
Appears in 4 contracts
Sources: Loan and Security Agreement (Sonic Foundry Inc), Loan and Security Agreement (Sonic Foundry Inc), Loan and Security Agreement (Sonic Foundry Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 4 contracts
Sources: Loan Modification Agreement (Egain Communications Corp), Loan Modification Agreement (Egain Communications Corp), Loan Modification Agreement (At Road Inc)
CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon such Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.
Appears in 4 contracts
Sources: Business Financing Modification Agreement (Inuvo, Inc.), Business Financing Modification Agreement (Inuvo, Inc.), Business Financing Modification Agreement (Inuvo, Inc.)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 4 contracts
Sources: Loan Modification Agreement (Pharsight Corp), Loan Modification Agreement (Pharsight Corp), Loan Modification Agreement (Pharsight Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 4 contracts
Sources: Loan Modification Agreement (Sento Corp), Loan Modification Agreement (Comdial Corp), Loan Modification Agreement (Egain Communications Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan DocumentsDocuments and herein, and Borrower hereby ratifies and affirms all such representations and warranties as if fully restated herein. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to modification of the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future amendments or modifications to the IndebtednessExisting Loan Documents. Nothing in this Loan Modification Agreement shall constitute a novation or satisfaction of the IndebtednessBorrower's Obligations to Bank. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 3 contracts
Sources: Loan and Security Agreement (T/R Systems Inc), Loan and Security Agreement (T/R Systems Inc), Loan Modification Agreement (Hie Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan business financing modification agreements.
Appears in 3 contracts
Sources: Business Financing Modification Agreement (Inuvo, Inc.), Business Financing Modification Agreement (Inuvo, Inc.), Business Financing Agreement (Inuvo, Inc.)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 7 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 9 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 3 contracts
Sources: Loan Modification Agreement (Netscout Systems Inc), Loan Modification Agreement (Netscout Systems Inc), Loan Modification Agreement (Matrixone Inc)
CONTINUING VALIDITY. Borrower Borrowers (and each guarantor and pledgor signing below) understands understand and agrees agree that in modifying the existing Indebtedness, Bank is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 3 contracts
Sources: Loan Modification Agreement (Ecollege Com), Loan Modification Agreement (Ecollege Com), Loan Modification Agreement (Ecollege Com)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtednessindebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtednessindebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 3 contracts
Sources: Loan Modification Agreement (Yieldup International Corp), Loan Modification Agreement (Cosine Communications Inc), Loan Modification Agreement (Innerdyne Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations and Loan Agreement hereunder, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan DocumentsDocuments as modified by this Amendment. Except as expressly modified pursuant to this Loan Modification AgreementAmendment, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement Amendment in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement Amendment shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan DocumentsDocuments as in effect prior to the effectiveness of this Amendment, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementAmendment. The terms of this paragraph apply not only to this Loan Modification AgreementAmendment, but also to all subsequent loan modification agreements.
Appears in 3 contracts
Sources: Loan and Security Agreement (Advanced Analogic Technologies Inc), Loan and Security Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Netlogic Microsystems Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 3 contracts
Sources: Loan and Security Agreement (LTX Corp), Loan Modification Agreement (Moldflow Corp), Loan Modification Agreement (Moldflow Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 3 contracts
Sources: Loan Modification Agreement (Crossworlds Software Inc), Loan Modification Agreement (Crossworlds Software Inc), Loan Modification Agreement (Crossworlds Software Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.
Appears in 3 contracts
Sources: Business Financing Modification Agreement (Aml Communications Inc), Business Financing Modification Agreement (Aml Communications Inc), Business Financing Modification Agreement (Balqon Corp.)
CONTINUING VALIDITY. Borrower (Borrowers understand and each guarantor and pledgor signing below) understands and agrees agree that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers' representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party partly is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 3 contracts
Sources: Loan Modification Agreement (Ecoscience Corp/De), Loan Modification Agreement (Ecoscience Corp/De), Loan Modification Agreement (Ecoscience Corp/De)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Innerdyne Inc), Loan Modification Agreement (Applied Imaging Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification AgreementAgreement and Consent, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement and Consent in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement and Consent shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, endorser or guarantor will be released by virtue of this Loan Business Financing Modification AgreementAgreement and Consent. The terms of this paragraph apply not only to this Loan Business Financing Modification AgreementAgreement and Consent, but also to all any subsequent loan business financing modification agreements.
Appears in 2 contracts
Sources: Business Financing Modification Agreement, Business Financing Modification Agreement (IZEA Worldwide, Inc.)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Imanage Inc), Loan Modification Agreement (Advanced Energy Industries Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessObligations, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Castelle \Ca\), Loan Modification Agreement (Innerdyne Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Silicon is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankSilicon's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. No Except as otherwise expressly provided herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Sonus Pharmaceuticals Inc), Loan Modification Agreement (Sonus Pharmaceuticals Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Quicklogic Corporation), Loan Modification Agreement (Endocardial Solutions Inc)
CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers’ representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Agreement (Manugistics Group Inc), Loan Modification Agreement (Manugistics Group Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Second Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Second Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Second Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Second Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 2 contracts
Sources: Loan Modification Agreement (Endogen Inc), Loan and Security Agreement (Art Technology Group Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Accounts Receivable Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness pursuant to this Loan Accounts Receivable Financing Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Accounts Receivable Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Accounts Receivable Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Accounts Receivable Financing Modification Agreement, but also to all any subsequent loan Accounts Receivable Financing modification agreements.
Appears in 2 contracts
Sources: Accounts Receivable Financing Modification Agreement (Fischer Imaging Corp), Accounts Receivable Financing Modification Agreement (Greenfield Online Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's Borrowers representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan and Security Agreement (Interwoven Inc), Loan Modification Agreement (Preview Systems Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this the Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Conductus Inc), Loan Modification Agreement (Conductus Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's Borrowers representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Fafco Inc), Loan Modification Agreement (Fafco Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor Guarantor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification and Forbearance Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification and Forbearance Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification and Forbearance Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing the Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification and Forbearance Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification and Forbearance Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification and Forbearance Agreement (Epicedge Inc), Loan Modification and Forbearance Agreement (Syntellect Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor Pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Kanbay International Inc), Loan Modification Agreement (Kanbay International Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, Documents1 unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The Agreement and (vi) the terms of this paragraph Section 8 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 2 contracts
Sources: Loan Modification Agreement (Maker Communications Inc), Loan Modification Agreement (Maker Communications Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) Seller understands and agrees that in modifying the existing Indebtedness, Bank Buyer is relying upon BorrowerSeller's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Accounts Receivable Purchase Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankBuyer's agreement to modifications to the existing Indebtedness pursuant to this Loan Accounts Receivable Purchase Modification Agreement in no way shall obligate Bank Buyer to make any future modifications to the Indebtedness. Nothing in this Loan Accounts Receivable Purchase Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Buyer and Borrower Seller to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Buyer in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Accounts Receivable Purchase Modification Agreement. The terms of this paragraph apply not only to this Loan Accounts Receivable Purchase Modification Agreement, but also to all any subsequent loan Accounts Receivable Purchase modification agreements.
Appears in 2 contracts
Sources: Accounts Receivable Purchase Modification Agreement (Integrated Packaging Assembly Corp), Accounts Receivable Purchase Modification Agreement (Integrated Packaging Assembly Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Corillian Corp), Loan Modification Agreement (Corillian Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents, after giving effect to the modifications and amendments set forth in this Loan Modification Agreement. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement, Loan Modification Agreement (Viewlocity Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, agreements as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification AgreementModification, the terms of the Existing Loan Documents remain unchanged and in full force and effect, and hereafter the Existing Loan Documents shall include the terms of this Modification as if set forth therein in full. Bank's agreement to modifications to the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the IndebtednessExisting Loan Documents. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessIndebtedness or any portion thereof. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification AgreementModification. The terms of this paragraph apply not only to this Loan Modification AgreementModification, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan and Security Agreement (Invision Technologies Inc), Loan and Security Agreement (Critical Path Inc)
CONTINUING VALIDITY. Borrower (Borrowers understand and each guarantor and pledgor signing below) understands and agrees agree that in modifying the Existing Loan Documents and existing Indebtedness, Bank is relying upon Borrower's Borrowers' representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the Existing Loan Documents and existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Existing Loan Documents or the existing Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 2 contracts
Sources: Loan Modification Agreement (Kanbay International Inc), Loan Modification Agreement (Kanbay International Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessExisting Documents, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documentstherein. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness Existing Documents pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Existing Documents or the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan modification agreementsagreements relating to the Business Financing Agreement.
Appears in 2 contracts
Sources: Business Financing Modification Agreement (Fluidigm Corp), Business Financing Modification Agreement (Fluidigm Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in is no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
(1) The Loan Modification Agreement is executed as of the date first written above.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.or
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Third Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Third Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Third Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Third Loan Modification Agreement. The terms of this paragraph apply not only to this Third Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in ------------------- modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's Borrowers representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 7 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 9 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing ------------------- below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification and Assumption Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification and Assumption Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification and Assumption Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification and Assumption Agreement. The terms of this paragraph apply not only to this Loan Modification and Assumption Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan Modification Agreement (Exodus Communications Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements. This Loan Modification Agreement is executed as of the date first written above.
Appears in 1 contract
Sources: Loan Modification Agreement (California Micro Devices Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification and Forbearance Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification and Forbearance Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification and Forbearance Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing the Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification and Forbearance Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification and Forbearance Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan Modification and Forbearance Agreement (Tanisys Technology Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan Modification and Consent Agreement (Roxio Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank Silicon is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankSilicon's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future fur modifications to the Indebtednessindebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtednessindebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Modification, Consent and Forbearance Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Modification, Consent and Forbearance Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Modification, Consent and Forbearance Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Modification, Consent and Forbearance Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Modification, Consent and Forbearance Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.of
Appears in 1 contract
Sources: Loan Modification Agreement (California Micro Devices Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Third Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Third Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Third Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Third Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements. 7.
Appears in 1 contract
Sources: Business Financing Modification Agreement (Teknowledge Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan and Security Agreement (Alexza Pharmaceuticals Inc.)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to modification of the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future amendments or modifications to the IndebtednessExisting Loan Documents. Nothing in this Loan Modification Agreement shall constitute a novation or satisfaction of the IndebtednessBorrower's Obligations to Bank. It is the intention of Bank and Borrower to retain as liable parties parties, all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's ’s agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon such Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.
Appears in 1 contract
Sources: Business Financing Modification Agreement (Inuvo, Inc.)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor ------------------- signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bankeffect Lender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. Agreement The terms of this paragraph apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (Borrowers understand and each guarantor and pledgor signing below) understands and agrees agree that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers' representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the ------------------- existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this First Amendment to Loan Modification and Security Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this First Amendment to Loan Modification and Security Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this First Amendment to Loan Modification and Security Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this First Amendment to Loan Modification and Security Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan and Security Agreement (Paradigm Genetics Inc)
CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon such Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements. 6.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan First Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan First Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan First Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan First Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan First Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements.
Appears in 1 contract
Sources: Business Financing Modification Agreement (Vertro, Inc.)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying ------------------- the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth agreements contained in these Modification Documents and in the Existing Loan Documents. Except as expressly modified pursuant to this Fourth Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to amend the existing Indebtedness Existing Loan Documents pursuant to this Fourth Loan Modification Agreement shall in no way shall obligate Bank to make any future amendments or modifications to the IndebtednessExisting Loan Documents. Nothing in this Fourth Loan Modification Agreement shall constitute a satisfaction of the IndebtednessBorrower's Obligations to Bank. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, endorser or guarantor will be released by virtue of this Fourth Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtednessindebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtednessindebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness and the consent to the Transaction pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future consents, waivers or modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan and Security Agreement (Limelight Networks, Inc.)
CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon such Borrower's ’s representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Business Financing Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's Lender’s agreement to modifications to the existing Indebtedness pursuant to this Loan Business Financing Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Business Financing Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Business Financing Modification Agreement. The terms of this paragraph apply not only to this Loan Business Financing Modification Agreement, but also to all any subsequent loan Business Financing modification agreements. 9.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying ------------------- the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Each Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's Borrowers' representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower Borrowers to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan Modification Agreement (Manugistics Group Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness Obligations pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the IndebtednessObligations. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the IndebtednessObligations. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Silicon is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankSilicon's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Silicon to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Silicon and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Silicon in writing. No Except as otherwise expressly provided herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.. 1 2
Appears in 1 contract
Sources: Loan Modification Agreement (Sonus Pharmaceuticals Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, Agreement the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. Agreement The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in ------------------- modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 7 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 9 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in ------------------- modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth agreements contained in these Modification Documents and in the Existing Loan Documents. Except as expressly modified pursuant to this Fourth Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to amend the existing Indebtedness Existing Loan Documents pursuant to this Fourth Loan Modification Agreement shall in no way shall obligate Bank to make any future amendments or modifications to the IndebtednessExisting Loan Documents. Nothing in this Fourth Loan Modification Agreement shall constitute a satisfaction of the IndebtednessBorrower's Obligations to Bank. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, endorser or guarantor will be released by virtue of this Fourth Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor ~pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank~Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph Paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan Modification Agreement (Arizona Instrument Corp)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to to, this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtednessindebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtednessindebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement agreements to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) ------------------- understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan Modification Agreement (Crossworlds Software Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that (i) in modifying the existing IndebtednessExisting Loan Documents, Bank is relying upon Borrower's representations, warranties, warranties and agreements, as set forth in the Existing Loan Documents. Except , (ii) except as expressly modified pursuant to this Fourth Loan Modification AgreementAgreement (including the effects of Section 6 hereof), the terms of the Existing Loan Documents remain unchanged and in full force and effect. , (iii) Bank's agreement to modifications to modify the existing Indebtedness Existing Loan Documents pursuant to this Fourth Loan Modification Agreement shall in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Existing Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It Documents, (iv) it is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of the Existing Loan Documents, unless the a party is expressly released by Bank in writing. No , (v) no maker, endorser, endorser or guarantor will be released by virtue of this Fourth Loan Modification Agreement. The , and (vi) the terms of this paragraph Section 8 apply not only to this Fourth Loan Modification Agreement, Agreement but also to all subsequent loan modification agreements, if any.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and an in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) ------------------- understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract
Sources: Loan and Security Agreement (Inventa Technologies Inc)
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. Bank's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank in writing. No Unless expressly released herein, no maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.Modification
Appears in 1 contract
CONTINUING VALIDITY. Borrower (and each guarantor and pledgor signing below) understands and agrees that in modifying the existing Indebtedness, Bank Lender is relying upon Borrower's representations, warranties, and agreements, as set forth in the Existing Loan Documents. Except as expressly modified pursuant to this Loan Modification Agreement, the terms of the Existing Loan Documents remain unchanged and in full force and effect. BankLender's agreement to modifications to the existing Indebtedness pursuant to this Loan Modification Agreement in no way shall obligate Bank Lender to make any future modifications to the Indebtedness. Nothing in this Loan Modification Agreement shall constitute a satisfaction of the Indebtedness. It is the intention of Bank Lender and Borrower to retain as liable parties all makers and endorsers of Existing Loan Documents, unless the party is expressly released by Bank Lender in writing. No maker, endorser, or guarantor will be released by virtue of this Loan Modification Agreement. The terms of this paragraph apply not only to this Loan Modification Agreement, but also to all subsequent loan modification agreements.
Appears in 1 contract