Common use of Amendment and Restatement of Existing Loan Agreement Clause in Contracts

Amendment and Restatement of Existing Loan Agreement. On the Closing Date, this Loan Agreement shall amend, restate and supersede the Existing Credit Agreement in its entirety, except as provided in this Section 14.19. On the Closing Date, the rights and obligations of the parties evidenced by the Existing Credit Agreement shall be evidenced by this Loan Agreement and the other Loan Documents and the grant of security interest in the Collateral by the relevant Obligors under the Existing Credit Agreement and the other “Loan Documents” (as defined in the Existing Credit Agreement) shall continue under but as amended by this Loan Agreement and the other Loan Documents, and shall not in any event be terminated, extinguished or annulled but shall hereafter be governed by this Loan Agreement and the other Loan Documents. All references to the Existing Credit Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to this Loan Agreement and the provisions hereof. Without limiting the generality of the foregoing and to the extent necessary, the existing lenders, the Lenders and the Agents reserve all of their rights under the Existing Credit Agreement and the other “Loan Documents” (as defined in the Existing Credit Agreement) which by their express terms survive the termination of the Existing Credit Agreement and each of the Guarantors hereby obligates itself again in respect of all such present and future “Obligations” (as defined in the Existing Credit Agreement). Nothing contained herein shall be construed as a novation of the “Obligations” outstanding under and as defined in the Existing Credit Agreement, which shall remain in full force and effect, except as modified hereby.

Appears in 3 contracts

Samples: Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)

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Amendment and Restatement of Existing Loan Agreement. On The parties to this Agreement agree that, on the Closing Date, this Loan Agreement shall amend, restate and supersede the Existing Credit Agreement in its entirety, except as provided in this Section 14.19. On the Closing Restatement Effective Date, the rights terms and provisions of the Existing Loan Agreement (including the schedules and exhibits thereto) 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 of incurred under the parties evidenced Existing Loan Agreement which are outstanding on the Restatement Effective Date shall continue as Loans and Obligations under (and shall be governed by the Existing Credit Agreement shall be evidenced by terms of) this Loan Agreement and the other Loan Documents and Documents. Without limiting the grant of security interest foregoing, upon the effectiveness hereof: (a) all references in the Collateral by the relevant Obligors under the Existing Credit Agreement and the other “Loan Documents” (as defined in the Existing Credit Loan Agreement) shall continue under but as amended by this to the “Administrative Agent,” the “Loan Agreement Agreement” and the other Loan Documents, and shall not in any event be terminated, extinguished or annulled but shall hereafter be governed by this Loan Agreement and the other Loan Documents. All references to the Existing Credit Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to the Administrative Agent, this Loan Agreement and the provisions hereof. Without limiting Loan Documents, (b) all obligations constituting “Obligations” with any Lender or any Affiliate of any Lender which are outstanding on the generality of the foregoing and to the extent necessary, the existing lenders, the Lenders and the Agents reserve all of their rights Restatement Effective Date shall continue as Obligations under the Existing Credit this Agreement and the other Loan Documents and (c) each of the Loan Parties reaffirms the terms and conditions of the “Loan Documents” (as referred to and defined in the Existing Credit Loan Agreement) which executed by their express terms survive it, as modified and/or restated by the termination of the Existing Credit Agreement Loan Documents, and acknowledges and agrees that each of the Guarantors hereby obligates itself again in respect of all such present and future ObligationsLoan Document” (as referred to and defined in the Existing Credit Loan Agreement). Nothing contained herein shall be construed ) executed by it, as a novation of modified and/or restated by the “Obligations” outstanding under and as defined in the Existing Credit AgreementLoan Documents, which shall remain remains in full force and effecteffect and is hereby ratified, except as modified herebyreaffirmed and confirmed.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Cooper Companies Inc)

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Amendment and Restatement of Existing Loan Agreement. On the Closing Date, this Loan Agreement shall amend, restate and supersede the Existing Credit Agreement in its entirety, except as provided in this Section 14.19. On the Closing Date, the rights and obligations of the parties evidenced by the Existing Credit Agreement shall be evidenced by this Loan Agreement and the other Loan Documents and the grant of security interest in the Collateral by the relevant Obligors Credit Parties under the Existing Credit Agreement and the other “Loan Documents” (as defined in the Existing Credit Agreement) shall continue under but as amended by this Loan Agreement and the other Loan Documents, and shall not in any event be terminated, extinguished or annulled but shall hereafter be governed by this Loan Agreement and the other Loan Documents. All references to the Existing Credit Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to this Loan Agreement and the provisions hereof. Without limiting the generality of the foregoing and to the extent necessary, the existing lenders, the Lenders and the Agents reserve all of their rights under the Existing Credit Agreement and the other “Loan Documents” (as defined in the Existing Credit Agreement) which by their express terms survive the termination of the Existing Credit Agreement and each of the Guarantors hereby obligates itself again in respect of all such present and future “Obligations” (as defined in the Existing Credit Agreement). Nothing contained herein shall be construed as a novation of the “Obligations” outstanding under and as defined in the Existing Credit Loan Agreement, which shall remain in full force and effect, except as modified hereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Bon Ton Stores Inc)

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