Amendment and Restatement of Credit Agreement Sample Clauses

Amendment and Restatement of Credit Agreement. The Credit Agreement is hereby amended and restated, effective as of the Amendment Effective Date, in the form of Exhibit A to this Amendment (including the additional exhibit set forth as part of such Exhibit A, it being understood that all other schedules and exhibits to the Credit Agreement shall continue to constitute schedules and exhibits to the Credit Agreement, as amended and restated hereby, in the forms thereof immediately prior to the Amendment Effective Date).

Amendment and Restatement of Credit Agreement. Effective as of the Effective Date but subject to the conditions referred to in Section 2, the Credit Agreement is hereby amended and restated in the form set forth as Exhibit A hereto.

Amendment and Restatement of Credit Agreement. The parties hereto agree that immediately after the Refinancing Effective Date, the Credit Agreement shall be amended such that on the Amendment Effective Date, the terms set forth in the Amended and Restated Credit Agreement attached hereto as Exhibit A shall replace the terms of the Credit Agreement in its entirety.

Amendment and Restatement of Credit Agreement. The Borrower, the Administrative Agent, the Collateral Agent, each Issuing Bank whose signature page appears below, the Swingline Lender, the Exchanging Revolving Lenders, the Exchanging Term Lenders and the Additional Term Lenders agree that on the Restatement Effective Date, that the Credit Agreement shall hereby be amended and restated in the form of the Second Amended and Restated Credit Agreement attached hereto as Exhibit A (including the schedules and exhibits thereto) (the “Restated Credit Agreement”) such that, on the Restatement Effective Date, the terms and provisions set forth in the Restated Credit Agreement shall replace the terms and provisions of the Credit Agreement in their entirety.

Amendment and Restatement of Credit Agreement. Effective as of the Closing Date, the Credit Agreement (including Exhibit B-1 and Exhibit B-3, but not any other the Exhibit thereto) is hereby amended and restated in the form of Annex A hereto (the “Sixth Amended and Restated Credit Agreement”).

Amendment and Restatement of Credit Agreement. The parties hereto hereby agree to the terms of this Amendment and the Amended Credit Agreement and in furtherance thereof, further agree that, on the Amendment Effective Date, the Credit Agreement shall be amended and restated in the form of the Amended Credit Agreement attached hereto as Exhibit A. The Consenting Tranche B Term Loan Lenders and the Consenting Revolving Credit Lenders hereby authorize and instruct the Administrative Agent and the Collateral Agent to execute and deliver the other Loan Documents (as defined in the Amended Credit Agreement) contemplated to be executed and delivered on the date hereof, and shall be deemed to have consented to, approved or accepted or to be satisfied with each such Loan Document (as defined in the Amended Credit Agreement) or other matter required thereunder to be consented to, approved or accepted or satisfactory to a Lender (as defined in the Amended Credit Agreement), unless the Administrative Agent shall have received a written notice from such Lender prior to the Amendment Effective Date specifying its objection thereto. The parties hereto acknowledge that neither this Amendment nor the Amended Credit Agreement shall constitute an assumption by GLAS Trust Company LLC of any liability of the Administrative Agent arising out of a breach of the Collateral Agent Duties prior to the transfer of such duties on the date hereof to the Collateral Agent under the Amended Credit Agreement or otherwise. Furthermore, GLAS Trust Company LLC shall have no liability or responsibility for the action or inaction of any other Agent and shall further have no liability or responsibility for any losses or claims arising prior to the date hereof and shall be fully indemnified by the Loan Parties and the Lenders as set forth in the Amended Credit Agreement for any such liability, loss or claim.

Amendment and Restatement of Credit Agreement. The Credit Agreement shall be amended and, for the sake of convenience and clarity, shall be restated in its entirety to read as follows: "The undersigned, Alumax Inc., a Delaware corporation (the "Company"), applies to you for your several commitments, subject to all the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, to make credit accommodations available to the Company, all as more fully hereinafter set forth. Each of you is hereinafter referred to as a "Bank", all of you are hereinafter referred to collectively as the "Banks", Royal Bank of Canada in its capacity as agent, arranger and letter of credit issuer hereunder is hereinafter referred to as the "Agent," and Canadian Imperial Bank of Commerce, in its capacity as administrative agent hereunder is hereinafter referred to as the "Administrative Agent."

Amendment and Restatement of Credit Agreement. Effective as of the Effective Date (as defined below), the Existing Credit Agreement shall be amended and restated in its entirety on the Effective Date as set forth on Annex A to this Amendment. From and after the replacement of the terms of the Existing Credit Agreement by the terms of the Restated Credit Agreement pursuant to this Amendment, (a) as used in the Restated Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereunder”, “hereto”, “hereof”, and words of similar import shall, unless the context otherwise requires, mean the Restated Credit Agreement and (b) any other reference to the “Credit Agreement” (including by means of words like “therein”, “thereunder”, “thereto”, “thereof”, and words of similar import) contained in the other Loan Documents shall mean the Restated Credit Agreement. This Amendment shall constitute a “Loan Document” for all purposes of the Restated Credit Agreement and the other Loan Documents.

Amendment and Restatement of Credit Agreement. The Credit Agreement is hereby amended and restated, effective as of the Amendment Effective Date, in the form of the Credit Agreement immediately prior to the Amendment Effective Date with the following changes and revisions: (a) Amendment of Section 1.01. Section 1.01 is hereby revised by: (i) inserting the following definitions in the appropriate alphabetical order:

Amendment and Restatement of Credit Agreement. (a) The Credit Agreement, including all schedules and exhibits thereto, is hereby amended and restated in its entirety as of the Restatement Effective Date in the form attached as Exhibit I hereto. (b) Upon and as of the Restatement Effective Date, each Lender party hereto (including the Term Lenders and the New Revolving Lenders) and the Administrative Agent hereby consents to the Amended and Restated Credit Agreement and ratifies and confirms the Amended and Restated Credit Agreement in all respects without any further action on the part of any Lender or the Administrative Agent and the New Term Loans shall automatically and without further action by any Person constitute Term Loans for all purposes of the Credit Agreement and the other Loan Documents on the terms and conditions set forth in the Amended and Restated Credit Agreement, and the Amended and Restated Credit Agreement made hereby shall be effective.