Common use of Amendment and Restatement; No Novation; Amendment of Certain Loan Documents Clause in Contracts

Amendment and Restatement; No Novation; Amendment of Certain Loan Documents. This Agreement constitutes an amendment and restatement of the Prior Credit Agreement, effective from and after the Closing Date. The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to the Lenders or the Administrative Agent under the Prior Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Closing Date, the credit facilities described in the Prior Credit Agreement, shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans and other obligations of the Borrower outstanding as of such date under the Prior Credit Agreement, shall be deemed to be loans and obligations outstanding under the corresponding facilities described herein, without any further action by any Person, except that the Administrative Agent shall make such transfers of funds as are necessary in order that the outstanding balance of such Loans, together with any Loans funded on the Closing Date, reflect the respective Commitment of the Lenders hereunder.

Amendment and Restatement; No Novation; Amendment of Certain Loan Documents. This Agreement constitutes an amendment and restatement of the Prior Existing Credit Agreement, effective from and after the Closing Date. The execution and delivery of this Agreement is not intended to constitute and shall not constitute a novation of any indebtedness or other obligations owing to the Lenders or the Administrative Agent under the Prior Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Closing Date, the credit facilities described in the Prior Existing Credit Agreement, shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans and other obligations of the Borrower outstanding as of such date under the Prior Existing Credit Agreement, shall be deemed to constitute and continue as be loans and obligations outstanding under the corresponding facilities described herein, without any further action by any Person, except that the Administrative Agent shall make such transfers of funds as are necessary in order that the outstanding balance of such Loans, together with any Loans funded on the Closing Date, reflect the respective Commitment of the Lenders hereunder.. [Remainder of page intentionally left blank]