Common use of Amendment and Restatement of Original Credit Agreement Clause in Contracts

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set forth in Section 5.1, the terms and provisions of the Original Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement.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.

Appears in 1 contract

Samples: Credit Agreement (Finishmaster Inc)

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Amendment and Restatement of Original Credit Agreement. The Borrower, the Lenders, the Agent, the Swing Line Bank Administrative Agent and the Issuing Banks Lender agree that, upon (i) the execution and delivery of this Agreement by each of the parties hereto Borrower, the Administrative Agent, the Issuing Lender and the Lenders and (ii) satisfaction (or waiver by the Agent Lenders in its their sole discretion) of the conditions precedent set forth in Section 5.14.1 hereof, the terms and provisions of the Original Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement.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 all "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 "Commitments" of each Lender that is a party to under the Original Credit Agreement shall, on the Closing Effective Date, automatically be deemed amended and converted into, and in the only amount of, the Revolving Loan Commitments shall be those hereunder.

Appears in 1 contract

Samples: Credit Agreement (Wabash National Corp /De)

Amendment and Restatement of Original Credit Agreement. The Borrower, the Lenders, the Agent, the Swing Line Bank Agent 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 discretionand all of the Lenders) of the conditions precedent set forth in Section 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" Credit shall continue as Letters of Credit under (and shall be governed by the terms of) this Agreement. All Existing Loans made to the Borrower under and as defined in the Original Credit Agreement) Agreement which remain outstanding on the Effective Date shall constitute and 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 Effective Date, automatically be deemed amended and the only Commitments shall be those to constitute such Lender's Commitment hereunder.

Appears in 1 contract

Samples: Credit Agreement (Binks Sames Corp)

Amendment and Restatement of Original Credit Agreement. The Borrower, the Lenders, the Agent, the Swing Line Bank and the Issuing Banks Bank agree that, upon (i) the execution and delivery of this Agreement by each of the parties hereto Borrower, the Agent and the Required Lenders 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 all "Obligations" or and 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 Effective Date, automatically be deemed amended and the only Commitments shall be those hereunder.

Appears in 1 contract

Samples: Pledge Agreement (CTS Corp)

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Amendment and Restatement of Original Credit Agreement. The BorrowerAnixter, the Lenders, the Agent, the Swing Line Bank Administrative Agent and the Original Issuing Banks Bank agree that, upon (i) the execution and delivery of this Agreement by each of the parties hereto and (ii) satisfaction (or waiver by the Administrative Agent in its sole discretionand all of the Lenders) of the conditions precedent set forth in Section 5.14.01, the terms and provisions of the Original First Amended 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 First Amended 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" (issued or deemed issued for the account of Anixter or any Subsidiary of Anixter under and as defined in the Original First Amended Credit Agreement) Agreement which remain outstanding on the Effective Date shall continue as Loans and Letters of Credit under (and shall be governed by the terms of) this Agreement. All Loans made under the First Amended Credit Agreement shall be repaid on the Effective Date. The commitments of each Lender that is a party to the Original First Amended Credit Agreement shall, on the Closing Effective Date, automatically be deemed amended and the only Commitments shall be those to constitute such Lender's Commitment hereunder.

Appears in 1 contract

Samples: Credit Agreement (Anixter International Inc)

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