22Amendment and Restatement Clause Samples
22Amendment and Restatement. (a) This Agreement shall not extinguish the Loans or any other Obligations outstanding, if any, under the Existing Credit Agreement. Nothing herein contained shall be construed as a substitution or novation of the Loans or any other Obligations outstanding, if any, under the Existing Credit Agreement, which shall remain outstanding after the Effective Date as modified hereby. Notwithstanding any provision of this Agreement, the provisions of Sections 3.01, 3.04, 3.05 and 10.04 of the Existing Credit Agreement as in effect immediately prior to the Effective Date will continue to be effective as to all matters arising out of or in any way related to facts or events existing or occurring prior to the Effective Date.
(b) On the Effective Date, to the extent that there are Committed Loans and L/C Obligations then outstanding, each of the Lenders is deemed to have purchased or sold assignments of Committed Loans, or participations in L/C Obligations, as applicable, in each case at par, such that after giving effect thereto each Lender’s Revolving Credit Exposure corresponds to its Applicable Percentage of the Outstanding Amount as of the Effective Date.
(c) The Existing Credit Agreement, and the obligations of the Company thereunder and under the other Loan Documents, are hereby ratified and confirmed and shall remain in full force and effect according to their terms (as amended hereby). The Company acknowledges and confirms that as of the date hereof the Company's obligation to repay the outstanding principal amount of the Loans, if any, and reimburse each L/C Issuer for any drawing on a Letter of Credit outstanding on the date hereof, if any, is unconditional and not subject to any offsets, defenses or counterclaims. Each party hereto acknowledges and confirms that by entering into this Agreement, each party does not waive or release any term or condition of the Existing Credit Agreement or any of the other Loan Documents or any of their rights or remedies under such Loan Documents or applicable Law or any of the obligations of such party thereunder, except as expressly set forth herein. Conagra Revolving Credit Agreement (2025)
(d) On and after the Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the ...
22Amendment and Restatement. The Borrower, the Lenders, the Issuing Lender, the Swing Line Lender, the Collateral Agent, and the Administrative Agent have agreed that this Agreement is an amendment and restatement of the Existing Credit Agreement in its entirety, and this Agreement is not a novation of the Existing Credit Agreement. All the rights, titles, liens, security interests, and assignments securing the Obligations (as defined in the Existing Credit Agreement) shall secure the Obligations, insofar and only insofar as the same cover the Collateral, and all liens, security interests, and assignments against the Collateral securing the Obligations (as defined in the Existing Credit Agreement) are hereby renewed, extended, and modified to secure the Obligations.
22Amendment and Restatement. On the Closing Date, this Agreement shall supersede the Original Credit Agreement in its entirety. On the Closing Date, the rights and obligations of the parties evidenced by the Original Credit Agreement and the notes issued thereunder shall be evidenced by this Agreement, the Notes and the other Loan Documents, the “Loans” as defined in the Original Credit Agreement shall be continued under this Agreement for the account of the Borrower, and shall bear interest and be subject to such other fees as set forth in this Agreement. This Agreement and each Note is not intended to be, and shall not constitute, a novation of the Original Credit Agreement or the obligations created thereunder.
22Amendment and Restatement. (a) Certain Borrowers, Agent and certain Lenders were parties to that certain Revolving Credit, Term Loan and Security Agreement, dated December 30, 2008 (as amended, modified or supplemented prior to the date of the Amended and Restated Credit Agreement described below, the “Original Credit Agreement”). On May 31, 2013, certain Borrowers, Agent and certain Lenders amended and restated the Original Credit Agreement pursuant to that certain Amended and Restated Revolving Credit, Term Loan and Security Agreement (as amended, modified or supplemented prior to the date of the Second Amended and Restated Credit Agreement described below, the “Amended and Restated Credit Agreement”). On November 12, 2013, certain Borrowers, Agent and certain Lenders amended and restated the Amended and Restated Credit Agreement pursuant to that certain Second Amended and Restated Revolving Credit, Term Loan and Security Agreement (as amended, modified or supplemented prior to the date of the Third Amended and Restated Credit Agreement described below, the “Second Amended and Restated Credit Agreement”). On October 2, 2014, certain Borrowers, Agent and certain Lenders amended and restated the Second Amended and Restated Credit Agreement pursuant to that certain Third Amended and Restated Revolving Credit, Term Loan and Security Agreement (as amended, modified or supplemented prior to the date hereof, the “Third Amended and Restated Credit Agreement”). On August 9, 2016, certain Borrowers, Agent and certain Lenders amended and restated the Third Amended and Restated Credit Agreement pursuant to that certain Fourth Amended and Restated Revolving Credit, Term Loan and Security Agreement (as amended, modified or supplemented prior to the date hereof, the “Fourth Amended and Restated Credit Agreement”, and together with the Original Credit Agreement, the Amended and Restated Credit Agreement, the Second Amended and Restated Credit Agreement, the Third Amended and Restated Credit Agreement, the “Existing Credit Agreement”). Borrowers have requested that the Lenders amend and restate the Existing Credit Agreement as set forth herein. It is the intention the parties hereto that the Revolving Advances outstanding under the Existing Credit Agreement prior to the Closing Date shall continue and remain outstanding and shall not be repaid on the Closing Date but shall constitute outstanding Revolving Advances hereunder and accordingly, the Revolving Advances made hereunder are not an extingui...