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

Amendment and Restatement; No Novation. The parties hereto agree that this Agreement shall, and is intended to, constitute an amendment and restatement of the Existing Credit Agreement, effective from and after the Closing Date, and that the execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to Bank of America under the Existing Credit Agreement. On the Closing Date, the credit facilities described in the Existing Credit Agreement shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans, letters of credit and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans, Letters of Credit and Obligations outstanding under the corresponding facilities of this Agreement, without any further action by any Person.

Amendment and Restatement; No Novation. The parties hereto agree that this This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Credit Agreement, Agreement effective from and after the Closing Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to Bank of America the Lenders or the Co-Agents under the Existing Credit Agreement based on any 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 Existing Credit Agreement shall be amended, supplemented, modified amended and restated in their entirety supplemented by the facilities Facilities described herein, and all loans, letters of credit loans and other obligations of the Borrower Borrowers outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans, Letters of Credit loans and Obligations obligations outstanding under the corresponding facilities of this Agreementdescribed herein, without any further action by any Person.

Amendment and Restatement; No Novation. The parties hereto agree that this This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Credit Agreement, Loan Agreement effective from and after the Closing Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to Bank of America under the Existing Credit Loan 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 Existing Credit Loan Agreement shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans, letters of credit loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Loan Agreement shall be deemed to be Loans, Letters of Credit loans and Obligations obligations outstanding under the corresponding facilities of this Agreement, without any further action by any Persondescribed herein.

Amendment and Restatement; No Novation. The parties hereto agree that this This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Credit Agreement, Agreement effective from and after the Closing Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to Bank of America the Lenders or the Administrative Agent under the 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 Existing Credit Agreement shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans, letters of credit loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans, Letters of Credit loans and Obligations obligations outstanding under the corresponding facilities of this Agreementdescribed herein, without any further action by any PersonPerson as described in Section 4.01(j).

Amendment and Restatement; No Novation. The parties hereto agree that this This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Credit Agreement, Facility effective from and after the Closing Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to Bank of America the Lenders, or the Administrative Agent under the Existing Credit Facility based on any 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 Existing Credit Agreement Facility shall be amended, supplemented, modified amended and restated in their entirety supplemented by the facilities described herein, and all loans, letters of credit loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement Facility shall be deemed to be Loans, Letters of Credit loans and Obligations obligations outstanding under the corresponding facilities of this Agreementdescribed herein, without any further action by any Person.

Amendment and Restatement; No Novation. The parties hereto agree that this (a) This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Credit Agreement, Agreement effective from and after the Closing Effective Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness Indebtedness or other obligations Obligations owing to Bank of America the Lenders, the Issuing Banks, or the Administrative Agent under the Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Closing Effective Date, the credit facilities facility described in the Existing Credit Agreement shall be amended, supplemented, modified and restated in their its entirety by the facilities facility described herein, and all loans, letters of credit loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans, Letters of Credit Loans and Obligations outstanding under the corresponding facilities of this Agreementfacility described herein, without any further action by any Person.

Amendment and Restatement; No Novation. The parties hereto agree that this (a) This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Credit Agreement, Term Loan effective from and after the Closing Restatement Effective Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness Indebtedness or other obligations Obligations owing to Bank of America the Lenders or the Administrative Agent under the Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Closing Restatement Effective Date, the credit facilities described in the Existing Credit Agreement shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans, letters of credit loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans, Letters of Credit Loans and Obligations outstanding under the corresponding facilities of this Agreementdescribed herein, without any further action by any Person.

Amendment and Restatement; No Novation. The parties hereto agree that this (a) This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Credit Agreement, Agreement effective from and after the Closing Restatement Effective Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness Indebtedness or other obligations Obligations owing to Bank of America the Lenders or the Administrative Agent under the Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Closing Restatement Effective Date, the credit facilities described in the Existing Credit Agreement shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans, letters of credit loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans, Letters of Credit Loans and Obligations outstanding under the corresponding facilities of this Agreementdescribed herein, without any further action by any Person.

Amendment and Restatement; No Novation. The parties hereto agree that this This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Credit Agreement, effective from and after the Closing Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to Bank of America the Lender under the 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 Existing Credit Agreement Agreement, shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans, letters of credit loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement Agreement, shall be deemed to be Loans, Letters of Credit loans and Obligations obligations outstanding under the corresponding facilities of this Agreementdescribed herein, without any further action by any Person.

Amendment and Restatement; No Novation. The parties hereto agree that this This Agreement shall, and is intended to, constitute constitutes an amendment and restatement of the Existing Original Credit Agreement, Agreement effective from and after the Closing Date, and that the . The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to Bank of America the Lenders or the Agents under the Existing Original Credit Agreement based on any 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 Existing Original Credit Agreement shall be amended, supplemented, modified amended and restated in their entirety supplemented by the credit facilities described herein, and all loans, letters of credit loans and other obligations of the Borrower outstanding as of such date under the Existing Original Credit Agreement shall be deemed to be Loans, Letters of Credit loans and Obligations obligations outstanding under the corresponding facilities of this Agreementdescribed herein, without any further action by any Person.