First Modification definition
Examples of First Modification in a sentence
The obligations of Company under the Credit Agreement are secured by a Pledge Agreement, dated as of May 31, 1992 as amended by the First Modification Agreement (as so amended, the "Pledge Agreement") under which Company pledged to Bank the shares of capital stock of certain of the Subsidiaries.
Licensors acknowledge that as of the Effective Date of the Second Restated Agreement, Ulthera has performed its obligations and made all required payments necessary to exercise the Option as set forth in 2.5(a)(i)-(ii) of the First Modification and thus retains the license granted to it for the Other Cosmetic Applications (excluding the Targeted Treatment of [***]) within the Field.
All references in the Loan Documents to the Loan Agreement, the Notes, the Deed of Trust and any other terms used herein or documents described herein shall be deemed to be references to such terms and/or documents as amended by or pursuant to this First Modification Agreement.
This First Modification may not be amended or modified, and no provision of this First Modification may be waived, except, in each instance, pursuant to a written instrument signed by Lender and Guarantors.
The WSP, by signing below, affirms that it has reviewed and agrees to comply with all terms of the Agreement, including this First Modification relating to RCW 10.93.160 and Washington Executive Order 17-01.
There are no promises, terms, conditions or obligations other than those contained in this First Modification.
If any provision of any of this First Modification or of any Credit Document, as amended hereby, is determined to be illegal, invalid or unenforceable, such provision shall be fully severable and the remaining provisions shall remain in full force and effect and shall be construed without giving effect to the illegal, invalid or unenforceable provisions.
Each Guarantor hereby represents and warrants that, as of the date hereof, it is in compliance with all covenants binding on it as set forth in the Original Guaranties, as modified by this First Modification.
The Borrower hereby repeats and reaffirms all representations and warranties (as modified, supplemented or amended herein) made to the Administrative Agent and the Lenders in the Credit Documents to which it is a party on, and as of, the date hereof (or, if any representation and warranty expressly relates to an earlier date, on and as of such earlier date) with the same force and effect as if such representations and warranties were set forth in this First Modification in full.
Except as specifically indicated, nothing contained in this First Modification Agreement shall in any way impair the Loan Documents or alter, waive, annul, vary, affect or impair any provision, condition, or covenant contained therein or any right, power, or remedy granted therein.