Amendment and Restatement of Existing Credit Agreement; General Reaffirmations; Existing Loan Documents Sample Clauses

Amendment and Restatement of Existing Credit Agreement; General Reaffirmations; Existing Loan Documents. (a) The parties to this Agreement agree that, upon (i) the execution and delivery by each of the parties hereto of this Agreement and (ii) satisfaction of the conditions set forth in Section 4.01, the terms and provisions of the Existing Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement. This Agreement is not intended to and shall not constitute a novation. All Loans made and Obligations incurred under the Existing Credit Agreement which are outstanding on the Restatement Effective Date shall continue as Loans and Obligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, upon the effectiveness hereof: (a) all references in the “Loan Documents” (as defined in the Existing Credit Agreement) to the “Administrative Agent”, the “Credit Agreement” and the “Loan Documents” shall be deemed to refer to the Administrative Agent, this Agreement and the Loan Documents, (b) the Existing Letters of Credit which remain outstanding on the Restatement Effective Date shall continue as Letters of Credit under (and shall be governed by the terms of) this Agreement, (c) all obligations constituting “Secured Obligations” with any Lender or any Affiliate of any Lender which are outstanding on the Restatement Effective Date shall continue as Secured Obligations under this Agreement and the other Loan Documents, (d) the Administrative Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit exposure under the Existing Credit Agreement as are necessary in order that each such Lender’s Credit Exposures and outstanding Loans hereunder reflects such Xxxxxx’s Applicable Percentage of the outstanding Aggregate Credit Exposure on the Restatement Effective Date, (e) the Borrowers hereby agree to compensate each Lender (including any Departing Lender) for any and all losses, costs and expenses incurred by such Lender in connection with the sale and assignment of any Eurodollar Loans (as defined in the Credit Agreement on the Restatement Effective Date) (including the “Eurodollar Loans” under the Existing Credit Agreement) and such reallocation described above, in each case on the terms and in the manner set forth in Section 2.16 hereof and (f) upon the effectiveness hereof, each Departing Lender’s “Commitment” under the Existing Credit Agreement shall be terminated, ea...
Sample 1
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Amendment and Restatement of Existing Credit Agreement; General Reaffirmations; Existing Loan Documents. (a) The parties to this Agreement agree that, upon (i) the execution and delivery by eachofthepartiesheretoofthisAgreementand(ii)satisfactionoftheconditionssetforthinSection4.01,thetermsandprovisionsoftheExistingCreditAgreementshallbeandherebyareamended,supersededandrestatedintheirentiretybythetermsandprovisionsofthisAgreement.ThisAgreementisnotintendedtoandshallnotconstituteanovation.AllLoansmadeandObligationsincurredundertheExistingCreditAgreementwhichareoutstandingontheRestatementEffectiveDateshallcontinueasLoansandObligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents.Without limiting the foregoing, upon the effectiveness hereof: (i) all references in the “Loan Documents”(as defined in the Existing Credit Agreement) to the “Administrative Agent”, the “Credit Agreement” andthe“LoanDocuments”shallbedeemedtorefertotheAdministrativeAgent,thisAgreementandtheLoanDocuments,(ii)the“LettersofCredit”undertheExistingCreditAgreementwhichremainoutstandingontheRestatementEffectiveDateshallcontinueasLettersofCreditunder(andshallbegovernedbythetermsof)thisAgreement,(iii)allobligationsconstituting“SecuredObligations”withanyLenderoranyAffiliateofanyLenderwhichareoutstandingontheRestatementEffectiveDateshallcontinueasSecuredObligationsunderthisAgreementandtheotherLoanDocuments,(iv)theAdministrativeAgentshallmakesuchreallocations,sales,assignmentsorotherrelevantactionsinrespectofeachLender’screditexposureundertheExistingCreditAgreementasarenecessaryinorderthateachsuchLender’sCreditExposuresandoutstandingLoanshereunderreflectssuchLender’sApplicablePercentageoftheoutstandingaggregateCreditExposureontheRestatementEffectiveDate,(e) the Borrowers hereby agree to compensate each Lender (including any Departing Lender) for any andalllosses,costsandexpensesincurredbysuchLenderinconnectionwiththesaleandassignmentofanyEurocurrencyLoans(includingthe“EurocurrencyLoans”undertheExistingCreditAgreement)andsuchreallocationdescribedabove,ineachcaseonthetermsandinthemannersetforthinSection2.16hereofand(f)upontheeffectivenesshereof,eachDepartingLender’s“Commitment”undertheExistingCreditAgreementshallbeterminated,eachDepartingLendershallhavereceivedpaymentinfullofallof the outstanding “Obligations” owing to it under the Existing Credit Agreement (other than obligationstopayfeesandexpenseswithrespecttowhichtheBorrowerhasnotreceivedaninvoice,contingentindemnityobligationsandothercontingentobligationsowingtoitundertheExistingLoanDocumentsand,forthe...
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Related to Amendment and Restatement of Existing Credit Agreement; General Reaffirmations; Existing Loan Documents

  • Amendment and Restatement of Existing Credit Agreement Upon the execution and delivery of this Agreement, the Existing Credit Agreement shall be amended and restated to read in its entirety as set forth herein. With effect from and including the Effective Date, (i) the Commitments of each Lender party hereto shall be as set forth on Appendix A (and (a) to the extent that such Lender constitutes a lender under the Existing Credit Agreement (a “Consenting Lender”), such Consenting Lender’s commitment thereunder shall be terminated and replaced with its respective Commitment hereunder and (b) any lender under the Existing Credit Agreement that is not listed on Appendix A shall cease to be a Lender hereunder and its commitment thereunder shall be terminated; provided that, for the avoidance of doubt, such lender under the Existing Credit Agreement shall continue to be entitled to the benefits of Section 9.03 of the Existing Credit Agreement), (ii) all accrued and unpaid interest and fees and other amounts owing under the Existing Credit Agreement shall have been paid by the Borrower under the Existing Credit Agreement, whether or not such interest, fees or other amounts would otherwise be due and payable at such time pursuant to the Existing Credit Agreement, (iii) the Commitment Ratio of the Consenting Lenders shall be redetermined based on the Commitments set forth in the Appendix A and the participations of the Consenting Lenders in, and the obligations of the Consenting Lenders in respect of, any Letters of Credit or Swingline Loans outstanding on the Effective Date shall be reallocated to reflect such redetermined Commitment Ratio and (iv) each JLA Issuing Bank shall have the Fronting Sublimit set forth in Appendix B. Section 9.18

  • Amendment to Existing Credit Agreement Subject to the occurrence of the Second Amendment Effective Date (as hereinafter defined), the Existing Credit Agreement is amended in accordance with this Article II.

  • Effect of Amendment and Restatement of the Existing Credit Agreement On the Closing Date, the Existing Credit Agreement shall be amended and restated in its entirety. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation or termination of the “Obligations” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect immediately prior to the Closing Date and which remain outstanding and (b) the “Obligations” (as amended and restated hereby and which are hereinafter subject to the terms herein) are in all respects continuing.

  • Amendments to Existing Credit Agreement Effective on (and subject to the occurrence of) the Effective Date, the Existing Credit Agreement is hereby amended in accordance with this Part II. Except as so amended, the Existing Credit Agreement shall continue in full force and effect.

  • Amendment to Loan Documents The Borrower shall not amend any of the Loan Documents except pursuant to the applicable terms thereof and Section 12.5 of this Agreement.

  • Amendments to the Existing Credit Agreement The Existing Credit Agreement is hereby amended as follows:

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Loan Agreement is hereby amended as follows:

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