Amendment and Restatement of Original Loan Agreement. This Agreement amends and restates in its entirety, and supersedes, the Original Loan Agreement.
Amendment and Restatement of Original Loan Agreement. 2.1 The parties to this Amendment Agreement agree that as and from the date upon which the Bank gives notice to the Borrower that it has received in form and substance satisfactory to it, all the documents and other evidence or matters listed as conditions precedent in the First Appendix (the “Effective Date”) and provided there is then no outstanding Event of Default under the Third Amended and Restated Loan Agreement, the Original Loan Agreement shall be varied, amended and restated so that it shall be read and have effect for all purposes in the form of the Third Amended and Restated Loan Agreement set out in the Second Appendix to this Amendment Agreement.
2.2 The conditions precedent set out in the First Appendix are for the sole benefit of the Bank and the Bank may accordingly waive all or any of them, unconditionally or on such conditions as it may in its sole discretion think fit. Any such waiver shall not limit or restrict any other right of the Bank in respect of the Third Amended and Restated Loan Agreement or this Amendment Agreement.
2.3 If there is any conflict between this Amendment Agreement and the Third Amended and Restated Loan Agreement, this Amendment Agreement will prevail.
2.4 On and from the Effective Date all amounts made available under the Original Loan Agreement and still outstanding shall be deemed to have been made available and to be outstanding upon the terms of the Original Loan Agreement as amended and restated in the form of the Third Amended and Restated Loan Agreement.
Amendment and Restatement of Original Loan Agreement. This Agreement constitutes an amendment and restatement of the Original Loan 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 Lenders under the Original Loan Agreement or any other existing Original Loan Document. On the Closing Date, the credit facilities and the terms and conditions thereof described in the Original Loan Agreement shall be amended and replaced in their entirety by the credit facilities and the terms and conditions described herein, and all Revolver Loans and other Obligations of the Obligors outstanding as of such date under the Original Loan Agreement shall be deemed to be Revolver Loans, 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 Loan 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 this Agreement and in any other Loan Document (unless explicitly agreed to by Lender in writing) is not intended to, nor shall it be construed, as constituting a release of any prior security interests granted by the Obligors in favor of Lender in or to any Collateral or any other property of Obligors, but is intended to constitute a restatement and reconfirmation of the prior security interests granted by Obligors in favor of Lender 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 Obligors and in favor of Lender to the extent such grant was not included in the prior security grants.
Amendment and Restatement of Original Loan Agreement. This Agreement ---------------------------------------------------- amends and restates, in its entirety, the OriginalLoan Agreement.
Amendment and Restatement of Original Loan Agreement. This Agreement amends, restates and supersedes the Original Loan Agreement in its entirety, except as provided in this Section. On and as of the date hereof, the rights and obligations of the parties evidenced by the Original Loan Agreement shall be evidenced by this Agreement and the other Loan Documents and the grant of security interest in the Collateral by the relevant Loan Parties under the Original Loan Agreement and the other “Loan Documents” (as defined in the Original Loan Agreement) shall continue under but as amended by this Agreement and the other Loan Documents, and shall not in any event be terminated, extinguished or annulled but shall hereafter be governed by this Agreement and the other Loan Documents. All references to the Original Loan Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to this Agreement and the provisions hereof. Nothing contained herein shall be construed as a novation of the “Obligations” outstanding under and as defined in the Original Loan Agreement, which shall remain in full force and effect, except as modified hereby.
Amendment and Restatement of Original Loan Agreement. This ----------------------------------------------------- Agreement and the Notes are given in amendment, restatement, renewal and extension (but not in novation, extinguishment or satisfaction) of the Original Loan Agreement and the promissory notes executed in connection therewith. All liens and security interests securing payment of the obligations under the Original Loan Agreement and such promissory notes are hereby collectively renewed, extended, rearranged, ratified and brought forward as security for the payment and performance of the Obligation. With respect to matters relating to the period prior to the date hereof, all of the provisions of the Original Loan Agreement and the promissory notes, security agreements and other documents, instruments or agreements executed in connection therewith are hereby ratified and confirmed and shall remain in force and effect. EXECUTED as of the day and year first mentioned. PGP II, L.P. By: Petroglyph Energy, Inc., its general partner By: /s/ Xxxxxx X. Xxxxxxx ---------------------------------------- Xxxxxx X. Xxxxxxx, President PETROGLYPH GAS PARTNERS, L.P. By: Petroglyph Energy, Inc., its general partner By: /s/ Xxxxxx X. Xxxxxxx ---------------------------------------- Xxxxxx X. Xxxxxxx, President PETROGLYPH ENERGY, INC. By: /s/ Xxxxxx X. Xxxxxxx ---------------------------------------------- Xxxxxx X. Xxxxxxx President THE CHASE MANHATTAN BANK By: /s/ Xxxx X. Xxxxxx ---------------------------------------------- Name: Xxxx X. Xxxxxx -------------------------------------------- Title: Managing Director ------------------------------------------- SCHEDULE 3.1
Amendment and Restatement of Original Loan Agreement. With effect on and from the Effective Date, the Original Loan Agreement shall be, and shall be deemed by this Agreement to have been, amended and restated upon the terms and conditions stated herein and, as so amended and restated, the Original Loan Agreement shall continue to be binding on each of the parties to it in accordance with its terms as so amended and restated.
Amendment and Restatement of Original Loan Agreement. This Amended and Restated Loan Agreement amends and restates the Original Loan Agreement and supercedes the Original Loan Agreement in its entirety.
Amendment and Restatement of Original Loan Agreement. Effective from and after the Closing Date, this Agreement constitutes an amendment and restatement of the Original Loan Agreement. 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 any lender under the Original Loan Agreement or any other existing loan document. On the Closing Date, the credit facilities and the terms and conditions thereof described in the Original Loan Agreement shall be amended and replaced in their entirety by the credit facilities and the terms and conditions described herein, and all loans and other obligations of Borrowers outstanding as of such date under the Original Loan Agreement shall be deemed to be Revolver Loans, 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 Loan Agreement shall become Obligations under this Agreement), without further action by any Person.
Amendment and Restatement of Original Loan Agreement. Lender’s willingness to make the Second Term Loan is subject to the terms and subject to the conditions of this Agreement. This Agreement amends and restates in its entirety the Original Loan Agreement, including all previous amendments to the Original Loan Agreement.
