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

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Agreement effective from and after the Restatement Effective 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 Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the 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, all loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans and Obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Credit Agreement and the Existing Notes, as amended, effective from and after the Restatement Effective Datedate hereof. The Neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated hereby shall not constitute a novation of any Indebtedness indebtedness or other Obligations obligations owing to the Lenders or the Administrative Agent Lender under the Existing Credit Agreement based on facts or events occurring or existing prior to and Existing. As of the execution and delivery of this Agreement. On the Restatement Effective Closing Date, the credit facilities described in the Existing Credit Agreement Agreement, as amended, shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans and other obligations of the Borrower Borrowers outstanding as of such date under the Existing Credit Agreement and Existing Notes, as amended, shall be deemed to be Loans loans and Obligations obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105Lender.

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Credit Agreement effective from and after the Restatement Effective Closing Date. The execution and delivery of this Agreement shall not constitute a novation of any Indebtedness indebtedness or other Obligations obligations owing to the Lenders any Lender, any LC Issuer 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 Restatement Effective 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 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 Advances, Facility LCs and Obligations obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105Person except as set forth below.

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Credit Agreement. All indebtedness and other obligations under the Existing Credit Agreement effective from are hereby renewed and after the Restatement Effective Datecontinued and hereafter will be governed by this Agreement. The execution and delivery of this Agreement shall is not intended to constitute a novation of any Indebtedness indebtedness or other Obligations obligations owing to the Lenders or the Administrative Agent Lender under the Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On As of the Restatement Effective Datedate hereof, the credit facilities facility described in the Existing Credit Agreement shall be amended, supplemented, modified modified, and restated in their its entirety by the facilities credit facility described herein, and all loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans loans and Obligations obligations outstanding under the corresponding facilities described herein, this Agreement without any further action by any Person. 105.

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Credit Agreement effective from and after the Restatement Effective 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 Term 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 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, all loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans and Obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105.

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Original Credit Agreement effective from and after the Restatement Effective Closing Date. The execution and delivery of this Agreement and the consummation of the transactions contemplated hereby are not intended by the parties to be, and shall not constitute constitute, a novation or an accord and satisfaction of the Obligations or any Indebtedness or other Obligations obligations owing to the Lenders or the Administrative Agent Lender under the Existing Original Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreementany other Original Credit Document. On the Restatement Effective Closing Date, the credit facilities and the terms and conditions thereof described in the Existing Original Credit Agreement shall be amended, supplemented, modified amended and restated in their entirety replaced by the credit facilities and the terms and conditions thereof described herein, and all loans Loans and other obligations Obligations of the Borrower outstanding as of such date under the Existing Original Credit Agreement shall be deemed to be Loans and Obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105.

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Credit Agreement effective from and after the Restatement Effective Closing Date. The execution and delivery of this Agreement shall not constitute a novation of any Indebtedness indebtedness or other Obligations obligations owing to the Lenders or the Administrative Domestic Agent 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 Restatement Effective 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 loans, Letters of Credit, and other obligations of the Borrower and the L/C Account Parties outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans loans, Letters of Credit, and Obligations obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105.

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Credit Agreement effective from and after the Restatement Effective Closing Date. The execution and delivery of this Agreement shall not constitute a novation of any Indebtedness indebtedness or other Obligations obligations owing to 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 Restatement Effective 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 and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans loans and Obligations obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105Person as described in Section 4.01(j).

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Agreement Credit Agreement, effective from and after the Restatement Effective Closing Date. The execution and delivery of this Agreement shall not constitute a novation of any Indebtedness indebtedness or other Obligations obligations owing to the Lenders or the Administrative Agent 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 Restatement Effective 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 and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement Agreement, shall be deemed to be Loans loans and Obligations obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105.

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Agreement Loan effective from and after the Restatement Effective 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 Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the 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, all loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans and Obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105.

Amendment and Restatement; No Novation. (a) This Agreement constitutes an amendment and restatement of the Existing Term LoanCredit Credit Agreement effective from and after the Restatement Effective 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 Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the 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, all loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans and Obligations outstanding under the corresponding facilities described herein, without any further action by any Person. 105.