Common use of Acknowledgments, Amendment and Restatement Clause in Contracts

Acknowledgments, Amendment and Restatement. Effective on the Effective Date, this Agreement shall constitute an amendment and restatement in its entirety of the Existing Credit Agreement. Each of the undersigned Lenders hereby consents pursuant to Section 10.2 of the Existing Credit Agreement to all of the amendments herein and in the other Loan Documents executed in connection herewith to the Existing Credit Agreement and the other Loan Documents (as defined in the Existing Credit Agreement) as in effect immediately prior to the Effective Date (collectively, the “Existing Loan Documents”). The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents executed and delivered in connection herewith do not constitute a novation, payment, satisfaction, reborrowing, or termination of the Borrower's “Obligations” or any “Revolving Credit Exposure” (each under and as defined in the Existing Credit Agreement and the Existing Loan Documents) previously made available to the Borrower under the Existing Credit Agreement and outstanding on the Effective Date; (b) such “Obligations” and “Revolving Credit Exposures” (each under and as defined in the Existing Credit Agreement) are in all respects continuing as Obligations and Revolving Credit Exposures under this Agreement with only the terms thereof being modified as provided in this Agreement and the other Loan Documents; (c) the Liens and security interests as granted under the Security Agreement, the Canadian Security Agreement, the German Security Agreement, the Swiss Security Agreement and other Security Documents (as defined in the Existing Credit Agreement) securing payment of such Obligations (as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect and secure the payment of the Obligations and (d) all references in the Loan Documents to the Existing Credit Agreement shall be deemed references to the Existing Credit Agreement as amended and restated hereby, and as further amended, supplemented or otherwise modified from time to time.

Acknowledgments, Amendment and Restatement. Effective on the Effective Closing Date, this Agreement shall constitute an amendment and restatement in its entirety of the Existing Credit Agreement. Each of the undersigned Lenders Banks hereby consents pursuant to Section 10.2 11.04 of the Existing Credit Agreement to all of the amendments herein and in the other Loan Basic Documents executed in connection herewith to the Existing Credit Agreement and the other Loan Basic Documents (as defined in the Existing Credit Agreement) as in effect immediately prior to the Effective Closing Date (collectively, the “Existing Loan Documents”). The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Basic Documents executed and delivered in connection herewith do not constitute a novation, payment, satisfaction, reborrowing, or termination of the Borrower's “Obligations” Company’s Obligations or any “Revolving Credit Exposure” Exposure (each under and as defined in the Existing Credit Agreement and the Existing Loan Documents) previously made available to the Borrower Company under the Existing Credit Agreement and outstanding on the Effective Closing Date; (b) such “Obligations” Obligations and “Revolving Credit Exposures” Exposure (each under and as defined in the Existing Credit Agreement) are in all respects continuing as Obligations and Revolving Credit Exposures Exposure under this Agreement with only the terms thereof being modified as provided in this Agreement and the other Loan Basic Documents; (c) the Liens and security interests as granted under the Security Agreement, the Canadian Security Agreement, the German Security Agreement, the Swiss Security Agreement and other Security Documents (as defined in the Existing Credit Agreement) securing payment of such Obligations (as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect and secure the payment of the Obligations with only the terms of certain of such Security Documents (as defined in the Existing Credit Agreement) being modified as provided in the Security Documents and (d) all references in the Loan Basic Documents to the Existing Credit Agreement shall be deemed references to the Existing Credit Agreement as amended and restated hereby, and as further amended, supplemented or otherwise modified from time to time.

Acknowledgments, Amendment and Restatement. Effective on the Effective Closing Date, this Agreement shall constitute an amendment and restatement in its entirety of the Existing Original Credit Agreement. Each of the undersigned Lenders hereby consents pursuant to Section 10.2 11.01 of the Existing Original Credit Agreement to all of the amendments herein and in the other Loan Documents executed in connection herewith to the Existing Original Credit Agreement and the other Loan Documents (as defined in the Existing Original Credit Agreement) as in effect immediately prior to the Effective Closing Date (collectively, the “Existing Loan Documents”). The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents executed and delivered in connection herewith do not constitute a novation, payment, satisfaction, reborrowing, or termination of the Borrower's “Obligations” ’s Obligations or any “Revolving Credit Exposure” Extensions (each under and as defined in the Existing Original Credit Agreement and the Existing Loan Documents) previously made available to the Borrower under the Existing Original Credit Agreement and outstanding on the Effective Closing Date; (b) such “Obligations” Obligations and “Revolving Credit Exposures” Extensions (each under and as defined in the Existing Original Credit Agreement) are in all respects continuing as Obligations and Revolving Credit Exposures Extensions under this Agreement with only the terms thereof being modified as provided in this Agreement and the other Loan Documents; (c) the Liens and security interests as granted under the Security Agreement, the Canadian Security Agreement, the German Security Agreement, the Swiss Security Agreement and other Security Documents Agreements (as defined in the Existing Original Credit Agreement) securing payment of such Obligations (as defined in the Existing Original Credit Agreement) are in all respects continuing and in full force and effect and secure the payment of the Obligations as provided in Sections 11.24(a) and (b) with only the terms of certain of such Security Agreements (as defined in the Original Credit Agreement) being modified as provided in the Security Agreements and (d) all references in the Loan Documents to the Existing Original Credit Agreement shall be deemed references to the Existing Original Credit Agreement as amended and restated hereby, and as further amended, supplemented or otherwise modified from time to time.