Common use of Merger, Amendments; Etc Clause in Contracts

Merger, Amendments; Etc. (a) THIS AGREEMENT, TOGETHER WITH THE OTHER LOAN DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by Agent and each Grantor to which such amendment applies. (b) Each Grantor hereby acknowledges and agrees that, in the event that it amalgamates with any other entity, it is the intention of the parties that the guarantee and security interest granted and created hereunder shall extend to all of the property and undertaking of the amalgamating entities prior to the amalgamation and shall extend to all of the property and undertaking of the amalgamated entity, including all property and undertaking acquired by such amalgamated entity after the amalgamation, in each case to secure the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating entities and the amalgamated entity to the Agent and the Lender Group, whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of or subsequent to the amalgamation. The security interest created hereunder shall attach to the collateral of the amalgamated entity at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated entity when such collateral becomes owned or is acquired. Upon any such amalgamation, the defined term “Grantor” shall mean, collectively, each of the amalgamating entities and the amalgamated entity, the defined term “Collateral” shall mean, collectively, all of the property and undertaking and interests of the amalgamating entities and the amalgamated entity in such property, and the defined terms “Secured Obligations” shall include the obligations as described in this paragraph

Merger, Amendments; Etc. (a) THIS AGREEMENT, TOGETHER WITH THE OTHER LOAN DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by Agent and each Grantor to which such amendment applies. (b) Each Grantor hereby acknowledges and agrees that, in the event that it amalgamates with any other entity, it is the intention of the parties that the guarantee and security interest granted and created hereunder shall extend to all of the property and undertaking of the amalgamating entities prior to the amalgamation and shall extend to all of the property and undertaking of the amalgamated entity, including all property and undertaking acquired by such amalgamated entity after the amalgamation, in each case to secure the payment and performance of all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by each of the amalgamating entities and the amalgamated entity to the Agent Agent, the Lender Group and the Lender GroupBank Product Providers, whether incurred alone or jointly with another or others and whether as principal, guarantor or surety and whether incurred prior to, at the time of or subsequent to the amalgamation. The security interest created hereunder shall attach to the collateral of the amalgamated entity at the time of amalgamation and to any collateral thereafter owned or acquired by the amalgamated entity when such collateral becomes owned or is acquired. Upon any such amalgamation, the defined term “Grantor” shall mean, collectively, each of the amalgamating entities and the amalgamated entity, the defined term “Collateral” shall mean, collectively, all of the property and undertaking and interests of the amalgamating entities and the amalgamated entity in such property, and the defined terms “Secured Obligations” shall include the obligations as described in this paragraph