Common use of Other Terms Unchanged Clause in Contracts

Other Terms Unchanged. The Note, as amended by this Amendment, remains and continues in full force and effect, constitutes legal, valid, and binding obligations of each of the parties, and is in all respects agreed to, ratified, and confirmed. Any reference to the Note after the date of this Amendment is deemed to be a reference to the Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and the Note, the terms of this Amendment shall control. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder under the Note, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 2 contracts

Samples: Convertible Promissory Note (Abvc Biopharma, Inc.), Convertible Promissory Note (Abvc Biopharma, Inc.)

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Other Terms Unchanged. The NoteNotes, as amended by this Amendment, remains and continues the other Transaction Documents remain and continue in full force and effect, constitutes constitute legal, valid, and binding obligations of each of the parties, and is are in all respects agreed to, ratified, and confirmed. Any reference to any of the Note Notes after the date of this Amendment is deemed to be a reference to the such Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and the either Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder Lender under the NoteNotes, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 2 contracts

Samples: Global Amendment (NAKED BRAND GROUP LTD), Global Amendment (NAKED BRAND GROUP LTD)

Other Terms Unchanged. The NoteTransaction Documents, as amended by this Amendment, remains and continues in full force and effect, constitutes legal, valid, and binding obligations of each of the parties, and is are in all respects agreed to, ratified, and confirmed. Any reference to the Note or the Purchase Agreement after the date of this Amendment is deemed to be a reference to the Note such Transaction Document as amended by this Amendment. If there is a conflict between the terms of this Amendment and the Noteany Transaction Document, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder Lender under the Note, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 1 contract

Samples: Material Definitive Agreement

Other Terms Unchanged. The NotePurchase Agreement, as amended by this Amendment, remains the Note, and continues the other Transaction Documents remain and continue in full force and effect, constitutes constitute legal, valid, and binding obligations of each of the parties, and is are in all respects agreed to, ratified, and confirmed. Any reference to any of the Note Purchase Agreement after the date of this Amendment is deemed to be a reference to the Note such Purchase Agreement as amended by this Amendment. If there is a conflict between the terms of this Amendment and the Noteany Purchase Agreement, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Company acknowledges that it is unconditionally obligated to pay the remaining balance of the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder Investor under the NotePurchase Agreement, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 1 contract

Samples: Note Purchase Agreement (Inpixon)

Other Terms Unchanged. The NoteTransaction Documents, as amended by this Amendment, remains and continues the other Transaction Documents remain and continue in full force and effect, constitutes constitute legal, valid, and binding obligations of each of the parties, and is are in all respects agreed to, ratified, and confirmed. Any reference to the Note Transaction Documents after the date of this Amendment is deemed to be a reference to the Note Transaction Documents as amended by this Amendment. If there is a conflict between the terms of this Amendment and the NoteTransaction Documents, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of the Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder Lender under the NoteTransaction Documents, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 1 contract

Samples: Global Amendment (Applied UV, Inc.)

Other Terms Unchanged. The NoteNotes, as amended by the First Amendment and this Second Amendment, remains remain and continues continue in full force and effect, constitutes constitute legal, valid, and binding obligations of each of the parties, and is are in all respects agreed to, ratified, and confirmed. Any reference to either of the Note Notes after the date of this Second Amendment is deemed to be a reference to the such Note as amended by the First Amendment and this Second Amendment. If there is a conflict between the terms of this Second Amendment and the any Note, the terms of this Second Amendment shall control. No forbearance or waiver may be implied by this Second Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Second Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder Lender under the NoteNotes, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 1 contract

Samples: Second Global Amendment (Global Arena Holding, Inc.)

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Other Terms Unchanged. The NotePurchase Agreements, as amended by this Amendment, remains and continues the other Transaction Documents remain and continue in full force and effect, constitutes constitute legal, valid, and binding obligations of each of the parties, and is are in all respects agreed to, ratified, and confirmed. Any reference to any of the Note Purchase Agreements after the date of this Amendment is deemed to be a reference to the Note such Purchase Agreement as amended by this Amendment. If there is a conflict between the terms of this Amendment and the Noteany Purchase Agreement, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Company acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder Investor under the NotePurchase Agreements, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 1 contract

Samples: Global Amendment (Inpixon)

Other Terms Unchanged. The NoteNotes, as amended by this Amendment, remains remain and continues continue in full force and effect, constitutes constitute legal, valid, and binding obligations of each of the parties, and is are in all respects agreed to, ratified, and confirmed. Any reference to any of the Note Notes after the date of this Amendment is deemed to be a reference to the such Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and the either Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder Lender under the NoteNotes, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 1 contract

Samples: Global Amendment (Outlook Therapeutics, Inc.)

Other Terms Unchanged. The Note, as amended by this Amendment, remains and continues the other Transaction Documents remain and continue in full force and effect, constitutes constitute legal, valid, and binding obligations of each of the parties, and is are in all respects agreed to, ratified, and confirmed. Any reference to the Note after the date of this Amendment is deemed to be a reference to the such Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and the either Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Borrower acknowledges that it is unconditionally obligated to pay the remaining balance of each Note and represents that such obligation is not subject to any deductions, defenses, rights of offset, or counterclaims of any kind. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Holder Lender under the Note, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.

Appears in 1 contract

Samples: Global Amendment (NAKED BRAND GROUP LTD)

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