Amendment and Restatement of Original Credit Agreement. On the Amendment and Restatement Date, the Original Credit Agreement shall be, and is hereby, amended and restated in its entirety as set forth in Annex I hereto (as set forth in such Annex I, the “Amended and Restated Credit Agreement”), and as so amended and restated is hereby ratified, approved and confirmed in each and every respect by all parties hereto. The rights and obligations of the parties to the Original Credit Agreement with respect to the period prior to the Amendment and Restatement Date shall not be affected by such amendment and restatement.
Amendment and Restatement of Original Credit Agreement. This Agreement amends and restates the Original Credit Agreement, and on and after the date hereof, each reference in any Loan Document to “the Credit Agreement”, “therein”, “thereof”, “thereunder” or words of similar import when referring to the Original Credit Agreement shall mean, and shall hereafter be a reference to the Original Credit Agreement, as amended and restated by this Agreement.
Amendment and Restatement of Original Credit Agreement. The Borrower, the Lenders, the Agent, the Swing Line Bank and the Issuing Banks agree that, upon (i) the execution and delivery of this Agreement by each of the parties hereto and (ii) satisfaction (or waiver by the Agent in its sole discretion) of the conditions precedent set forth in Section 5.1, the terms and provisions of the Original Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement.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 of the Original Credit Agreement or the indebtedness created thereunder, including, without limitation, the "Obligations" or the "Hedging Obligations" under and as defined therein. All outstanding "Loans" and "Letters of Credit" (under and as defined in the Original Credit Agreement) shall continue as Loans and Letters of Credit under (and shall be governed by the terms of) this Agreement. The commitments of each Lender that is a party to the Original Credit Agreement shall, on the Closing Date, automatically be deemed amended and the only Commitments shall be those hereunder.
Amendment and Restatement of Original Credit Agreement. This Agreement constitutes an amendment and restatement of the Original Credit Agreement effective from and after the 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, a novation or an accord and satisfaction of the Obligations or any other obligations owing to Agent or the Lenders under the Original Credit Agreement or any other loan document executed in connection therewith. On the Closing Date, the credit facilities and the terms and conditions thereof described in the Original Credit Agreement shall be amended and replaced in their entirety by the credit facilities and the terms and conditions described herein, and all Advances and other Obligations of Borrower outstanding as of such date under the Original Credit Agreement shall be deemed to be Advances, Letters of Credit and Obligations outstanding under the corresponding facilities described herein (such that all Obligations which are outstanding on the Closing Date under the Original Credit Agreement shall become Obligations under this Agreement), without further action by any Person. Each of the parties hereto hereby acknowledges and agrees that the grant of the security interests in the Collateral pursuant to the Security Agreement and in any other Loan Document (unless explicitly agreed to by Agent in writing) is not intended to, nor shall it be construed, as constituting a release of any prior security interests granted by any Loan Party in favor of Agent for the benefit of itself, the Lenders, Issuing Lender, Underlying Issuer and the Bank Product Providers in or to any Collateral or any other Property of such Loan Party, but is intended to constitute a restatement and reconfirmation of the prior security interests granted by the Loan Parties in favor of Agent for the benefit of itself, the Lenders, Issuing Lender, Underlying Issuer and the Bank Product Providers in and to the Collateral and a grant of a new security interest in any Collateral that is not included in the prior security grants by the Loan Parties and in favor of Agent for the benefit of itself, the Lenders, Issuing Lender, Underlying Issuer and the Bank Product Providers to the extent such grant was not included in the prior security grants. Confidential treatment is being requested for portions of this document. This copy of the document filed as an exhibit omits the confidential information su...
Amendment and Restatement of Original Credit Agreement. The Original Credit Agreement and the Definitions Annex are hereby amended and restated, effective as of the 2008 Restatement Effective Date, in the form of the Restated Credit Agreement attached as Exhibit A to this Amendment. Schedule 2.01 to the Original Credit Agreement is amended in its entirety to read in the form of Exhibit A-1 to this Amendment (it being understood that all other schedules and exhibits to the Original Credit Agreement, in the forms thereof immediately prior to the 2008 Restatement Effective Date, shall constitute schedules and exhibits to the Restated Credit Agreement).
Amendment and Restatement of Original Credit Agreement. The Original Credit Agreement is, effective as of the date hereof (the “Amendment Effective Date”) and subject to the satisfaction of the conditions precedent set forth in Section 4 hereof, hereby amended and restated in its entirety as set forth in the form of the Second Amended and Restated Credit Agreement attached as Exhibit A hereto (the “Second Amended and Restated Credit Agreement”).
Amendment and Restatement of Original Credit Agreement. This Agreement is intended to amend and restate in full the provisions of the Original Credit Agreement, and as of the Restatement Closing Date, provided that (a) all of the terms and provisions of the Original Credit Agreement shall continue to apply for the period prior to the Restatement Closing Date, including any determinations of payment dates, interest rates, Events of Default or any amount that may be payable to the Bank, and (b) the Obligations (as defined in the Original Credit Agreement) outstanding under the Original Credit Agreement on and after the Restatement Closing Date shall be, and shall continue to be, owing and outstanding under, and shall be subject in all respects, to the terms of this Agreement. On the Restatement Closing Date, the Revolving Credit Loans (as defined in the Original Credit Agreement) made by the Bank and outstanding immediately prior to the Restatement Closing Date (the "Existing Revolving Credit Loans") shall automatically, and without any action on the part of the Bank or any of the Loan Parties, be designated and continued as Revolving Credit Loans hereunder. On and as of the Restatement Closing Date, there are no "As Offered Rate Periods" or "Euro-Rate Interest Periods" outstanding under the Original Credit Agreement in respect of the Existing Revolving Credit Loans. On the Restatement Closing Date, all letters of credit shown on Schedule 2.9(a) shall automatically, and without any action on the part of the Bank or any of the Loan Parties, be designated and deemed a Letter of Credit issued hereunder.
Amendment and Restatement of Original Credit Agreement. This Agreement is an agreement amending and restating the provisions of the Original Credit Agreement. The Borrower agrees that it is its intention that nothing in this Agreement shall be construed to extinguish, release or discharge, or constitute, create or effect a novation of or an agreement to extinguish any of its obligations under the Original Credit Agreement. In the event of any conflict between the provisions of this Agreement and the Original Credit Agreement, the provisions of this Agreement shall take precedence and govern.
Amendment and Restatement of Original Credit Agreement. The parties hereto agree that the Original Credit Agreement (including the exhibits and schedules thereto) shall be amended and restated in its entirety on the Restatement Date such that, on the Restatement Date, the terms set forth in the Third Amended and Restated Credit Agreement attached hereto as Exhibit A (as the same may be amended, restated, supplemented or otherwise modified, the “Restated Credit Agreement”) shall replace the terms of the Original Credit Agreement, and the exhibits and schedules attached hereto as Exhibit B shall replace the exhibits and schedules to the Original Credit Agreement existing prior to the Restatement Date.
Amendment and Restatement of Original Credit Agreement. (a) This Agreement does not extinguish the obligations for the payment of money outstanding under the Original Credit Agreement or discharge or release the obligations under the Original Credit Agreement. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Original Credit Agreement or the other Loan Documents, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Guarantor under the Original Credit Agreement from any of its obligations and liabilities outstanding thereunder, as modified hereby. Each Guarantor hereby confirms and agrees that, except as modified or amended and restated hereby or by a Loan Document or other instruments executed concurrently herewith, each “Loan Document” (as defined in the Original Credit Agreement) to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that on and after the Third Restatement Date all references in any such Loan Document to the “Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Original Credit Agreement shall mean this Agreement.
