Amendment and Restatement of the Existing Credit Agreement. The parties to this Agreement agree that, upon (i) the execution and delivery by each of the parties hereto of this Agreement and (ii) satisfaction of the conditions set forth in Section 3.01, the terms and provisions of the Existing Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement.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. All loans made and obligations incurred under the Existing Credit Agreement which are outstanding on the Effective Date shall continue as Obligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, upon the effectiveness hereof: (a) all references in the “Loan Documents” (as defined in the Existing Credit Agreement) to the “Agent”, the “Credit Agreement” and the “Loan Documents” shall be deemed to refer to the Agent, this Agreement and the Loan Documents, (b) all obligations constituting “Obligations” with any Lender or any Affiliate of any Lender which are outstanding on the Effective Date shall continue as Obligations under this Agreement and the other Loan Documents, (c) the Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit and loan exposure under the Existing Credit Agreement as are necessary in order that each such Lender’s outstanding Revolving Credit Advances hereunder reflect such Lender’s Pro Rata Share of the outstanding aggregate Revolving Credit Advances on the Effective Date, (d) the Existing Revolving Credit Advances (as defined in Section 2.01) of each Departing Lender shall be repaid in full (accompanied by any accrued and unpaid interest and fees thereon), each Departing Lender’s “Commitment” under the Existing Credit Agreement shall be terminated and each Departing Lender shall not be a Lender hereunder, and (e) the Borrower hereby agrees to compensate each Lender (including each Departing Lender) for any and all losses, costs and expenses incurred by such Lender in connection with the sale and assignment of any Eurodollar Rate Advances (including the “Eurodollar Rate Advances” under the Existing Credit Agreement) and such reallocation described above, in each case on the terms and in the manner set forth in Section 8.04(c) hereof.
Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date:
(a) The Existing Credit Agreement is hereby amended and restated in its entirety in the form of the Third Amended and Restated Credit and Guaranty Agreement set forth in Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Credit Agreement”). From and after the effectiveness of such amendment and restatement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof” and words of similar import, as used in the Amended Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Documents, shall mean the Amended Credit Agreement, as may be further amended, supplemented or otherwise modified from time to time. This Amendment Agreement shall constitute a “Credit Document” under the Amended Credit Agreement.
(b) Except as set forth herein, all of the appendices, schedules and exhibits of the Existing Credit Agreement hereby constitute all of the appendices, schedules and exhibits of the Amended Credit Agreement mutatis mutandis; provided, however, that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for the Amended Credit Agreement, as set forth in Annex B hereto, (ii) Schedule 4.6 (Litigation) and Exhibits X-0, X-0, X-0 and B-9 are hereby added to the Amended Credit Agreement as set forth in Annex C hereto and (iii) Exhibits X-0, X-0 and B-3 are hereby deleted from the Amended Credit Agreement.
Amendment and Restatement of the Existing Credit Agreement. (a) On the Restatement Effective Date, the Existing Credit Agreement is hereby amended and restated to read in its entirety as set forth in Exhibit A hereto (the “Restated Credit Agreement”), and the Administrative Agent is hereby directed by the Required Lenders to enter into such Loan Documents and to take such other actions as may be required to give effect to the transactions contemplated hereby. From and after the effectiveness of such amendment and restatement, the terms “Agreement”, “herein”, “hereinafter, “hereto”, “hereof” and words of similar import, as used in the Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Existing Credit Agreement as amended and restated in the form of the Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Restated Credit Agreement.
(b) The aggregate principal amount of all Revolving Loans and all Letters of Credit outstanding under the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement and the terms of the Restated Credit Agreement will govern the rights of the Borrower, the Lenders and the Issuing Banks with respect thereto.
Amendment and Restatement of the Existing Credit Agreement. The terms and provisions of the Existing Credit Agreement shall be deemed to be, and hereby are, amended, superseded and restated in their entirety, with effect as of the Second Amendment and Restatement Date, by the terms and provisions of this Agreement. This Agreement is not intended to be, and shall not constitute, a novation. All Loans made, and Obligations incurred, under the Existing Credit Agreement which are outstanding on the Second Amendment and Restatement Date shall continue as the Loan and Obligations, respectively, under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, upon the effectiveness of the amendment and restatement contemplated hereby, (i) all references in the “Loan Documents” (as defined in the Existing Credit Agreement) to the “Credit Agreement” and the “Loan Documents” shall be deemed to refer to this Agreement and the Loan Documents and (ii) the “Loan” (as defined in the Existing Credit Agreement) shall be redesignated as the Loan hereunder.
Amendment and Restatement of the Existing Credit Agreement. The parties to this Agreement agree that, on the Effective Date, the terms and provisions of the Existing 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. All loans made and obligations incurred under the Existing Credit Agreement which are outstanding on the Effective Date shall continue as Loans and Secured Obligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, upon the effectiveness hereof: (a) all references in the “Loan Documents” (as defined in the Existing Credit Agreement) to the “Administrative Agent,” the “Credit Agreement” and the “Loan Documents” shall be deemed to refer to the Administrative Agent, this Agreement and the Loan Documents, (b) Letters of Credit which remain outstanding on the Effective Date shall continue as Letters of Credit under (and shall be governed by the terms of) this Agreement, (c) all obligations constituting “Obligations” with any Lender or any Affiliate of any Lender which are outstanding on the Effective Date shall continue as Obligations under this Agreement and the other Loan Documents, and (d) the liens and security interests in favor of the Administrative Agent for the benefit of the Secured Parties securing payment of the Secured Obligations are in all respects continuing and in full force and effect with respect to all Secured Obligations.
Amendment and Restatement of the Existing Credit Agreement. (a) Effective on and as of the Amendment Effective Date, the Existing Credit Agreement shall be amended and restated in accordance with Section 9.08(b) of the Existing Credit Agreement as set forth in Annex A hereto (the Existing Credit Agreement, as so amended and restated, and as further restated, supplemented, waived or otherwise modified from time to time, the “Amended and Restated Credit Agreement”).
(b) Effective on and as of the Amendment Effective Date, Schedule 2.01 to the Existing Credit Agreement shall be amended and restated as set forth on Annex B hereto.
(c) By execution and delivery of this Agreement, each Revolving Facility Lender (including, for the avoidance of doubt, the Additional 2016 Revolving Lender) agrees to make 2016 Revolving Loans to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in (i) such Revolving Facility Lender’s Revolving Facility Credit Exposure in respect of the 2016 Revolving Facility Commitments exceeding such Revolving Facility Lender’s 2016 Revolving Facility Commitment or (ii) the aggregate Revolving Facility Credit Exposure in respect of the 2016 Revolving Facility Commitments exceeding the aggregate 2016 Revolving Facility Commitments of all Revolving Facility Lenders.
(d) By execution and delivery of this Agreement, the Required Lenders hereby agree that (i) any 2016 Revolving Loans made by the Revolving Facility Lenders (including, for the avoidance of doubt, the Additional 2016 Revolving Lender) and the accrued interest and fees and obligations in respect thereof shall share ratably in the benefits of the Amended and Restated Credit Agreement and the other Loan Documents with the Term Loans and the Revolving Facility Loans and the accrued interest and fees and other obligations in respect thereof and (b) such Revolving Facility Lenders shall be included in any determination of the requisite lenders required under the Amended and Restated Credit Agreement, including Required Lenders and Required Revolving Facility Lenders.
(e) The Borrower, Holdings, each other Loan Party party hereto, the Administrative Agent and the Existing Lenders party hereto (constituting no less than the Required Lenders and the Required Revolving Facility Lenders) hereby consent to the amendments set forth in this Section 2 and direct the Administrative Agent to enter into such other Loan Documents and to take such other actions as the Administrative Agent determines m...
Amendment and Restatement of the Existing Credit Agreement. The Existing Credit Agreement, including, without limitation, the schedules and exhibits thereto, is, effective as of the date hereof and subject to the satisfaction of the conditions precedent set forth in Section 3 hereof, hereby amended and restated in its entirety to read as set forth in Exhibit A attached hereto.
Amendment and Restatement of the Existing Credit Agreement. Effective as of the Second Restatement Effective Date, the Existing Credit Agreement is hereby amended and restated in the form attached hereto as Exhibit A.
Amendment and Restatement of the Existing Credit Agreement. Immediately after the funding of the 2022 Refinancing Term B Loans on the 2022 Effective Date and the establishment of the 2022 Revolving Facility Commitments on the 2022 Effective Date (such time, the “Amendment Effective Time”), the Existing Credit Agreement shall be amended and restated in its entirety in the form set forth on Annex A hereto (the Existing Credit Agreement, as so amended and restated, the “Amended Credit Agreement”), and the Lenders party hereto consent to the Amended Credit Agreement and direct the Administrative Agent to enter into such other Loan Documents and to take such other actions as the Administrative Agent determines may be necessary or desirable to give effect to the transactions contemplated hereby.
Amendment and Restatement of the Existing Credit Agreement. The Borrowers and the Requisite Lenders agree that the Existing Credit Agreement (including all exhibits and schedules thereto) shall be amended and restated on the Restatement Date such that, on the Restatement Date, the terms set forth in the Restated Credit Agreement attached as Exhibit A hereto shall replace the terms of the Existing Credit Agreement. As used in the Restated Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import shall, unless the context otherwise requires, mean, from and after the replacement of the terms of the Existing Credit Agreement by the terms of the Restated Credit Agreement, the Restated Credit Agreement.
