Amendment and Restatement of the Credit Agreement. The Credit Agreement is hereby amended and restated, effective as of the Amendment Effective Date (as defined below), in the form of the Credit Agreement immediately prior to the Amendment Effective Date with the following changes and revisions:
(a) Amendment of Section 1.01.
Section 1.01 is hereby revised by:
(i) Inserting the following definitions in the appropriate alphabetical order therein:
Amendment and Restatement of the Credit Agreement. Effective as of the Restatement Effective Date, the Credit Agreement, including all schedules and exhibits thereto, is hereby amended and restated in its entirety in the form of the amended and restated Credit Agreement set forth as Exhibit A hereto (the Credit Agreement so amended and restated is referred to herein as the “Amended and Restated Credit Agreement”).
Amendment and Restatement of the Credit Agreement. The Credit Agreement (including all Exhibits and Schedules thereto) is hereby amended and restated, effective as of the Effectiveness Date (subject to the satisfaction of the conditions set forth in Section 7 below), to read in its entirety as set forth in Exhibit A hereto, and the form of Mortgage attached as Exhibit C to the Credit Agreement is hereby amended and restated, effective as of the Effectiveness Date (subject to the conditions set forth in Section 7 below), to read in its entirety as set forth in Exhibit B hereto. Each Exhibit referred to in the Restated Credit Agreement, other than the form of Mortgage, shall remain unchanged. As used in the Credit Agreement, the terms "Agreement", "this Agreement", "herein", "hereinafter", "hereto", "hereof" and words of similar import shall, unless the context otherwise requires, mean the Credit Agreement as amended and restated pursuant to this Effectiveness Agreement. As used in the Loan Documents, the term "Credit Agreement" shall, unless the context otherwise requires, mean the Credit Agreement as amended and restated pursuant to this Effectiveness Agreement.
Amendment and Restatement of the Credit Agreement. The Credit Agreement is hereby amended and restated to read in its entirety as set forth in Annex A hereto.
Amendment and Restatement of the Credit Agreement. On the Effective Date, immediately following the making of the Amended Term A Loans, the Amended Term B Loans, the Amended Revolving Loans and the prepayment of the Existing Term A Loans and the Existing Revolving Loans in full and the termination of the related Commitments:
(a) the Borrower, the Administrative Agent, the New Term A Lenders, the New Term B Lenders and the New Revolving Lenders agree that the Credit Agreement shall be amended and restated to read in its entirety in the form of the Amended and Restated Credit Agreement attached as Annex A hereto;
(b) as used in the Amended and Restated Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof” and words of similar import shall, unless the context otherwise requires, from and after the Effective Date, mean or refer to the Amended and Restated Credit Agreement;
(c) as used in any other Finance Document, all references to the “Credit Agreement” in such Finance Documents shall, unless the context otherwise requires, mean or refer to the Amended and Restated Credit Agreement;
(d) for all purposes of the Finance Documents, (i) (A) the Amended Term A Loans shall constitute “Loans”, “Term Loans” and “Term A Loans”, (B) the Amended Term B Loans shall constitute “Loans”, “Term Loans” and “Term B Loans” and (C) the Amended Revolving Loans shall constitute “Loans” and “Revolving Loans” and (ii) (A) each New Term A Lender shall become a “Lender”, a “Term Lender” and a “Term A Lender” (if such New Term A Lender is not already a “Lender”, “Term Lender” or “Term A Lender” prior to the effectiveness of this Agreement) and shall have all the rights and obligations of a Lender holding a Term A Loan, (B) each New Term B Lender shall become a “Lender”, a “Term Lender” and a “Term B Lender” (if such New Term B Lender is not already a “Lender” or “Term Lender” prior to the effectiveness of this Agreement) and shall have all the rights and obligations of a Lender holding a Term B Loan and (C) each New Revolving Lender shall become a “Lender” and a “Revolving Lender” (if such New Revolving Lender is not already a “Lender” or “Revolving Lender” prior to the effectiveness of this Agreement) and shall have all the rights and obligations of a Lender holding a Revolving Loan;
Amendment and Restatement of the Credit Agreement. On the Closing Date as defined in the attached Amended and Restated Credit Agreement (herein referred to as the “Closing Date”), the Credit Agreement, including all schedules and exhibits, shall be amended in its entirety to read as set forth on Annex A attached hereto.
Amendment and Restatement of the Credit Agreement. (a) The Credit Agreement is hereby amended and restated in its entirety (other than the exhibits and schedules attached thereto) in the form set out in Annex A hereto (the “A&R Credit Agreement”).
(b) Schedule 2.01 (Commitments and Applicable Percentages) to the Credit Agreement is hereby amended and restated in its entirety in the form set out on Annex B hereto.
(c) Exhibit A (Committed Loan Notice) to the Credit Agreement is hereby amended and restated in its entirety in the form set out on Annex C hereto.
(d) Exhibit D (Compliance Certificate) to the Credit Agreement is hereby amended and restated in its entirety in the form set out on Annex D hereto.
(e) Exhibit E-1 (Assignment and Assumption) to the Credit Agreement is hereby amended and restated in its entirety in the form set out on Annex E hereto.
(f) Schedule 4.02(iii) (Mortgaged Properties) to the Credit Agreement is hereby amended and restated in its entirety in the form set out on Annex F hereto.
(g) Schedule 5.03 (Ownership of Subsidiaries) to the Credit Agreement is hereby amended and restated in its entirety in the form set out on Annex G hereto.
(h) Schedule 5.19(b) (Real Property) to the Credit Agreement is hereby amended and restated in its entirety in the form set out on Annex H hereto.
Amendment and Restatement of the Credit Agreement. On the Effective Date the Credit Agreement shall be amended and restated as set out in the Schedule 6.
Amendment and Restatement of the Credit Agreement. On the Closing Date as defined in the attached Amended and Restated Credit Agreement (herein referred to as the “Closing Date”), the Credit Agreement, including all schedules and exhibits, shall be amended in its entirety to read as set forth on Annex A attached hereto; provided that if the Closing Date does not occur on or before the Outside Date (as defined in Section 3 of this Amendment Agreement), then the Credit Agreement shall not be so amended. The Administrative Agent shall notify the Lenders and the Borrower of the Closing Date. Such notice shall be binding and conclusive.
Amendment and Restatement of the Credit Agreement. The Administrative Agent, the Collateral Agent, each Consenting Lender, each New Lender, the Borrower, the Parent and the Subsidiary Guarantors hereby agree that the Credit Agreement is, effective as of the Restatement Effective Date, hereby amended and restated in full as set forth in the form of the Amended Credit Agreement.