Common use of Amendment and Restatement of the Existing Credit Agreement Clause in Contracts

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.

Appears in 1 contract

Samples: Amendment Agreement (Education Management Corporation)

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Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 Restated Credit Agreement. (b) Except All “Commitments” as set forth hereindefined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect as “Commitments” under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement in accordance with the terms thereof, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrower, schedules the other Loan Parties, the Lenders and exhibits the Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendices, schedules and exhibits of Borrower accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (TimkenSteel Corp)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date, the Existing Credit Agreement is hereby amended and restated to read in its entirety in the form of the Third Amended and Restated Credit and Guaranty Agreement as set forth in Annex Exhibit 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 references to the term “Existing Credit Agreement”, as used Agreement in the other Credit Documents, Loan Documents shall mean the Amended Credit Agreement, as may be further amended, supplemented or otherwise modified from time deemed to time. This Amendment Agreement shall constitute a “Credit Document” under refer to the Amended Credit Agreement. (b) Except All “Loans” as set forth hereindefined in, all and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Amended Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesAmended Credit Agreement will govern the rights and obligations of the Borrower, schedules the Parent, the Lenders and exhibits the Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendices, schedules and exhibits of Borrower or Parent accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood 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 such obligations will constitute obligations under the Amended Credit Agreement.

Appears in 1 contract

Samples: Term Loan Amendment and Restatement Agreement (American Axle & Manufacturing Holdings Inc)

Amendment and Restatement of the Existing Credit Agreement. 2.1 Effective on the Fourth Amendment Effective Date (as of defined below), the Amendment Agreement Effective Date: (a) The Existing Credit Agreement is hereby amended and restated in its entirety by deleting the stricken text (indicated textually in the form of same manner as the Third Amended following example: stricken text) and Restated Credit and Guaranty Agreement adding the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Credit Agreement attached as Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Credit Agreement”)hereto. From and after the effectiveness of such amendment and restatementFourth Amendment Effective Date, 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 terms “Credit Agreement” and “Loan Agreement”, as used in the other Credit Loan Documents, as the case may be, shall mean the Amended Credit Agreement. 2.2 Exhibits C-1 and C-2 to the Existing Credit Agreement are hereby amended and restated in their entirety as attached as Annex B hereto. 2.3 Notwithstanding anything to the contrary contained herein or in the Amended Credit Agreement, any Eurodollar Rate Loans that are outstanding immediately prior to the Fourth Amendment Effective Date shall continue to be governed by the interest rate terms of the Existing Credit Agreement applicable to Eurodollar Rate Loans until the expiration of the Interest Period (as may defined in Existing Credit Agreement) then applicable to such Eurodollar Rate Loans; provided that such Eurodollar Rate Loans shall be further amended, supplemented converted at the end of such Interest Period into Term SOFR Loans in accordance with the terms of the Amended Credit Agreement as if such Loans were Term SOFR Loans at the time of conversion. 2.4 The amendment and restatement of the Existing Credit Agreement as contemplated hereby shall not be construed to discharge or otherwise modified from time to time. This Amendment affect any obligations of the Borrower accrued or otherwise owing under the Existing Credit Agreement shall that have not been satisfied, it being understood that such obligations will constitute a “Credit Document” obligations 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.

Appears in 1 contract

Samples: Credit Agreement (CNO Financial Group, Inc.)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date, 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 to read as set forth in Annex Exhibit A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit AgreementAgreement (including all exhibits and schedules thereto), shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit DocumentsLoan Documents (including all exhibits and schedules thereto), 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 Restated Credit Agreement. (b) Except as set forth hereinSubject to Section 2 below, all “Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrowers, schedules the Lenders and exhibits the ACTIVE 200188947v.4 Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendices, schedules and exhibits of Borrowers accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (LKQ Corp)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 Restated Credit Agreement. (b) Except as set forth hereinSubject to Section 2 below, all “Revolving Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrowers, schedules the Lenders and exhibits the Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or, except as expressly contemplated under Section 2 below, otherwise affect any obligations of the appendices, schedules and exhibits of Borrowers accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Vistaprint N.V.)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 Restated Credit Agreement. (b) Except as set forth hereinSubject to Section 2 below, all “Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrowers, schedules the Lenders and exhibits the Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendices, schedules and exhibits of Borrowers accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement. (d) This Agreement shall be deemed to be a Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Coach Inc)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex Exhibit A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 Restated Credit Agreement. (b) Except as set forth hereinSubject to Section 2 below, all “Revolving Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrower, schedules the Lenders and exhibits the Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or, except as expressly contemplated under Section 2 below, otherwise affect any obligations of the appendices, schedules and exhibits of Borrower accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Dean Foods Co)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 Restated Credit Agreement. (a) Subject to Section 2 below, all “Revolving Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the Restated Credit Agreement will govern the rights and obligations of the Borrowers, the Lenders and the Administrative Agent with respect thereto. (b) Except as set forth herein, all of the appendices, schedules The amendment and exhibits restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or, except as expressly contemplated under Section 2 below, otherwise affect any obligations of the appendices, schedules and exhibits of Borrowers accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Cimpress N.V.)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Amendment and Restatement Effective Date (as defined below), (x) 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 to read as set forth in Annex Exhibit A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated Credit Agreement”) and (y) in respect of the Restated Credit Agreement, Schedules 2.01, 3.03, 3.06, 3.07, 3.13, 3.14, 3.17, 3.19(a), 6.01 and 6.03 to the Existing Credit Agreement are hereby replaced in their entirety with the corresponding Schedule set forth in Exhibit B hereto. 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 Restated Credit Agreement. (b) Except Subject to Section 3 below, (i) all “Commitments” as set forth hereindefined in, all of the appendicesand in effect under, schedules and exhibits of the Existing Credit Agreement hereby constitute all of on the appendices, schedules Amendment and exhibits of Restatement Effective Date shall continue in effect under 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 Restated Credit Agreement, as set forth in Annex B hereto, (ii) Schedule 4.6 (Litigation) all “Loans” as defined in, and Exhibits X-0outstanding under, X-0, X-0 and B-9 are hereby added to the Amended Existing Credit Agreement as set forth in Annex C hereto on the Amendment and Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, (iii) Exhibits X-0all “Swingline Loans” as defined in, X-0 and B-3 are hereby deleted from outstanding under, the Amended Existing Credit Agreement on the Amendment and Restatement Effective Date shall be converted into “Revolving Loans” as defined in the Existing Credit Agreement and shall continue to be outstanding under the Restated Credit Agreement, (iv) a new Interest Period with a duration of one month after the Amendment and Restatement Effective Date shall commence on the Amendment and Restatement Effective Date with respect to all Eurodollar Rate Loans outstanding immediately prior to the Amendment and Restatement Effective Date and (v) on and after the Amendment and Restatement Effective Date the terms of the Restated Credit Agreement will govern the rights and obligations of the Borrower, the Lenders and the Administrative Agent with respect to the foregoing.

Appears in 1 contract

Samples: Credit Agreement (SFX Entertainment, INC)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date, 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 to read as set forth in Annex Exhibit A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit AgreementAgreement (including all exhibits and schedules thereto), shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit DocumentsLoan Documents (including all exhibits and schedules thereto), 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 Restated Credit Agreement. (a) Subject to Section 2 below, all “Commitments” as defined in, and in effect under, CH1 7601434v.6 the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the Restated Credit Agreement will govern the rights and obligations of the Borrowers, the Lenders and the Administrative Agent with respect thereto. (b) Except as set forth herein, all of the appendices, schedules The amendment and exhibits restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendices, schedules and exhibits of Borrowers accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (LKQ Corp)

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Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex Exhibit A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated 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 Restated Credit Agreement. (b) Except as set forth hereinSubject to Section 2 below, all “Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrower, schedules the Lenders and exhibits the Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendices, schedules and exhibits of Borrower accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Inergy L P)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 Restated Credit Agreement. (b) Except as set forth hereinSubject to Section 2 below, all “Revolving Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Revolving Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrower, schedules the Lenders and exhibits the Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or, except as expressly contemplated under Section 2 below, otherwise affect any obligations of the appendices, schedules and exhibits of Borrower accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Microchip Technology Inc)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex Exhibit A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit AgreementAgreement (including all exhibits and schedules thereto), shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit DocumentsLoan Documents (including all exhibits and schedules thereto), 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 Restated Credit Agreement. (b) Except as set forth hereinSubject to Section 1(c) below, all “Revolving Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrower, schedules the Lenders and exhibits the Administrative Agent with respect thereto. (c) Effective upon the Restatement Effective Date and after giving effect to the provisions of Sections 8 and 9 hereof and Section 1.06 of the Restated Credit Agreement, (i) each Lender that, on or prior to the requisite time on the date hereof, has executed and delivered to the Administrative Agent (or its counsel) a counterpart of this Agreement as a “2016 Term A Lender” (or evidence thereof as contemplated by Section 4(a) below) shall be a 2016 Term A Lender under the Restated Credit Agreement, and its Term A Loans under the Existing Credit Agreement shall be 2016 Term A Loans under the Restated Credit Agreement, (ii) each Lender that, on or prior to the requisite time on the date hereof, has executed and delivered to the Administrative Agent (or its counsel) a counterpart of this Agreement as a “2018 Term A Lender” (or evidence thereof as contemplated by Section 4(a) below) shall be a 2018 Term A Lender under the Restated Credit Agreement, and its Term A Loans under the Existing Credit Agreement shall be 2018 Term A Loans under the Restated Credit Agreement, (iii) each other Term A Lender under the Existing Credit Agreement shall be a 2016 Term A Lender under the Restated Credit Agreement and its Term A Loans under the Existing Credit Agreement shall be 2016 Term A Loans under the Restated Credit Agreement, (iv) each Lender that, on or prior to the requisite time on the date hereof, has executed and delivered to the Administrative Agent (or its counsel) a counterpart of this Agreement as a “2016 Revolving Lender” (or evidence thereof as contemplated by Section 4(a) below) shall be a 2016 Revolving Lender under the Restated Credit Agreement, and its Dollar Tranche Commitment, Multicurrency Tranche Commitment, Dollar Tranche Revolving Loans and Multicurrency Tranche Revolving Loans under the Existing Credit Agreement shall be a 2016 Dollar Tranche Commitment, 2016 Multicurrency Tranche Commitment, 2016 Dollar Tranche Revolving Loans and 2016 Multicurrency Tranche Revolving Loans under the Restated Credit Agreement, respectively, (v) each Lender that, on or prior to the requisite time on the date hereof, has executed and delivered to the Administrative Agent (or its counsel) a counterpart of this Agreement as a “2018 Revolving Lender” (or evidence thereof as contemplated by Section 4(a) below) shall be a 2018 Revolving Lender under the Restated Credit Agreement, and its Dollar Tranche Commitment, Multicurrency Tranche Commitment, Dollar Tranche Revolving Loans and Multicurrency Tranche Revolving Loans under the Existing Credit Agreement shall be a 2018 Dollar Tranche Commitment, 2018 Multicurrency Tranche Commitment, 2018 Dollar Tranche Revolving Loans and 2018 Multicurrency Tranche Revolving Loans under the Restated Credit Agreement, respectively, and (vi) each other Revolving Lender under the Existing Credit Agreement shall be a 2016 Revolving Lender under the Restated Credit Agreement and its Dollar Tranche Commitment, Multicurrency Tranche Commitment, Dollar Tranche Revolving Loans and Multicurrency Tranche Revolving Loans under the Existing Credit Agreement shall be a 2016 Dollar Tranche Commitment, 2016 Multicurrency Tranche Commitment, 2016 Dollar Tranche Revolving Loans and 2016 Multicurrency Tranche Revolving Loans under the Restated Credit Agreement, respectively. (d) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or, except as expressly contemplated under Section 1(c) above, otherwise affect any obligations of the appendices, schedules and exhibits of Borrower accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Endo Health Solutions Inc.)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan Documents, shall mean the Amended Restated Credit Agreement. Subject to Section 2 below, all “Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as may defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be further amended, supplemented or otherwise modified from time to time. This Amendment Agreement shall constitute a “Credit Document” outstanding under the Amended Restated Credit Agreement. (b) Except as set forth herein, all and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrowers, schedules the Lenders and exhibits the Administrative Agent with respect thereto. The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendices, schedules and exhibits of Borrowers accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Hillenbrand, Inc.)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective 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 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 and Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended and Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 and Restated Credit Agreement. (b) Except All “Commitments” as set forth hereindefined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Amended and Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Amended and Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesAmended and Restated Credit Agreement will govern the rights and obligations of the Borrower, schedules the Lenders and exhibits the Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendicesBorrower accrued or otherwise owing under the Existing Credit Agreement that have not been paid, schedules and exhibits of it being understood that such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (ASC Acquisition LLC)

Amendment and Restatement of the Existing Credit Agreement. Effective as of the Amendment Agreement Effective Date: (a) The Effective on the Restatement Effective Date (as defined below), 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 to read as set forth in Annex A hereto (such agreement, together with all appendices, schedules and exhibits thereto pursuant to Section 2(b) hereof, the “Amended Restated 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Credit Loan 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 Restated Credit Agreement. (b) Except as set forth hereinSubject to Section 2 below, all “Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Loans” and “Letters of Credit” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the appendicesRestated Credit Agreement will govern the rights and obligations of the Borrowers, schedules the Lenders and exhibits the Administrative Agent with respect thereto. (c) The amendment and restatement of the Existing Credit Agreement as contemplated hereby constitute all shall not be construed to discharge or otherwise affect any obligations of the appendices, schedules and exhibits of Borrowers accrued or otherwise owing under the Amended Existing Credit Agreement mutatis mutandis; providedthat have not been paid, however, it being understood that (i) Appendices X-0, X-0 and B and Schedule 4.1 (Jurisdictions of Organization) are hereby amended and restated for such obligations will constitute obligations under 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 Restated Credit Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Heidrick & Struggles International Inc)

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