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

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.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Polo Ralph Lauren Corp)

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Amendment and Restatement of the Existing Credit Agreement. Subject to the terms and conditions set forth herein, on the Amendment Effective Date (as defined below) (a) On the Restatement Effective Date, the Existing Credit Agreement is hereby shall be amended and restated to read in its entirety as set forth in Exhibit A hereto (the “Restated Amended Credit Agreement”), ) and (b) the Administrative Agent is hereby directed by the Required Lenders to enter into such new Loan Documents and to take such other actions as may be required necessary or advisable to give effect to the transactions contemplated herebyby this Agreement and the Amended Credit Agreement. From and after the effectiveness of such amendment and restatementAmendment Effective Date, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter, “hereto”, “hereof” and words of similar import, as used in the Restated Amended Credit Agreement, shall, unless the context otherwise requires, refer to the Existing Credit Agreement as amended and restated in the form of the Restated Amended Credit Agreement, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Restated Amended 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.

Appears in 1 contract

Samples: Amendment Agreement (Momentive Performance Materials Inc.)

Amendment and Restatement of the Existing Credit Agreement. The Borrower, the Lenders and the Tranche B Investors agree that the Existing Credit Agreement (aincluding all exhibits and schedules thereto) On shall be amended and restated in its entirety on the Restatement Effective Date such that, on the Effective Date, the Existing Credit Agreement is hereby amended and restated to read in its entirety as terms set forth in Exhibit A hereto (the Restated Credit Agreement shall replace the terms of the Existing Credit Agreement. As used in 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”, “this Agreement”, “herein”, “hereinafter, “hereto”, “hereof”, and words of similar import, as used in the Restated Credit Agreement, import shall, unless the context otherwise requires, refer to mean, from and after the replacement of the terms of the Existing Credit Agreement as amended and restated in by the form terms 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 . Without limiting the foregoing, upon the effectiveness of all Revolving Loans and all Letters of Credit outstanding under the Existing Credit Agreement this Amendment on the Restatement Effective Date shall continue (a) the Commitments of the Lenders will be as set forth on Schedule I (Commitments) to be outstanding under the Restated Credit Agreement and (b) the terms Tranche B Deposit Amounts of the Restated Credit Agreement Tranche B Investors will govern be as shown on the rights of Register (and informed by the Borrower, Administrative Agent to the Lenders and Borrower on the Issuing Banks with respect theretoEffective Date).

Appears in 1 contract

Samples: Amendment Agreement (Washington Group International Inc)

Amendment and Restatement of the Existing Credit Agreement. The Borrower, the Administrative Agent, the Collateral Agent, the Extending Revolving Lenders, the Additional Revolving Lenders, the New Term Lenders and the Required Lenders (aas defined in the Existing Credit Agreement) On agree that the Existing Credit Agreement (including all exhibits and schedules thereto) is hereby amended and restated, effective as of the Restatement Effective Date, the Existing Credit Agreement is hereby amended and restated to read in its entirety in the form of the Amended and Restated Credit Agreement attached as set forth in Exhibit A hereto (hereto. As used in the Amended and 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”, “this Agreement”, “herein”, “hereinafter, “hereto”, “hereof” and words of similar import, as used in the Restated Credit Agreement, import shall, unless the context otherwise requires, refer to from and after the Existing Credit Agreement as amended Restatement Effective Date, mean the Amended and restated in the form of the Restated Credit Agreement, and the term “Credit Agreement”, as . As used in the any other Loan DocumentsDocument, shall from and after the Restatement Effective Date, all references to the Credit Agreement in such Loan Documents shall, unless the context otherwise requires, mean the Amended and 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.

Appears in 1 contract

Samples: Credit Agreement (Deltek, Inc)

Amendment and Restatement of the Existing Credit Agreement. (a) On Effective on the Restatement Effective Date, the Existing Credit Agreement is hereby amended and restated to read in its entirety to read 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”, “this Agreement”, “herein”, “hereinafter, “hereto”, “hereof” and words of similar import, as used in the Restated Credit AgreementAgreement (including all exhibits and schedules thereto), 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 DocumentsDocuments (including all exhibits and schedules thereto), shall mean the Restated Credit Agreement. (b) The aggregate principal amount of Subject to Section 2 below, all Revolving Loans “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 Credit” as defined in, and outstanding under under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement Agreement, and on and after the Restatement Effective Date the terms of the Restated Credit Agreement will govern the rights and obligations of the BorrowerBorrowers, the Lenders and the Issuing Banks Administrative Agent with respect thereto.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (LKQ Corp)

Amendment and Restatement of the Existing Credit Agreement. (a) On The Borrower, Parent, the Restatement Effective Date, Lenders and the Administrative Agent agree that the Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby amended and restated restated, effective as of the Restatement Effective Date (as defined in the Restated Credit Agreement), to read in its entirety as set forth in the Amended and Restated Credit Agreement attached hereto as Exhibit A hereto (the “Restated Credit Agreement”), and . As used in 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 restatementRestated Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter, “hereto”, “hereof” and words of similar import, as used in the Restated Credit Agreement, import shall, unless the context otherwise requires, refer to mean the Existing Credit Agreement as amended and restated in by this Amendment Agreement. On the form Restatement Effective Date, upon the effectiveness of the Restated Credit Agreement, each Letter of Credit issued under the Existing Credit Agreement shall be deemed to be a Letter of Credit issued under and the term “Credit Agreement”, as used defined 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.

Appears in 1 contract

Samples: Credit Agreement (William Lyon Homes)

Amendment and Restatement of the Existing Credit Agreement. Effective on the Amendment Effective Date (as defined below), (a) On the Restatement Effective Date, the Existing Credit Agreement is hereby amended and restated to read in its entirety the form of the Amended and Restated Second Lien Credit Agreement attached hereto as set forth in Exhibit Annex A hereto (the Existing Credit Agreement, as so amended and restated, being referred to herein as the “Restated Credit Agreement”), ) and (b) each Exhibit and Schedule to the Administrative Agent Existing Credit Agreement is hereby directed by replaced in its entirety with the Required Lenders to enter into such Loan Documents corresponding Exhibits and to take such other actions as may be required to give effect Schedules attached to the transactions contemplated herebyRestated 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 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 , as may be further amended, supplemented or otherwise modified from time to time. For the avoidance of all Revolving Loans and all Letters of Credit outstanding under doubt, any references to “the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under date hereof” in the Restated Credit Agreement and shall refer to the terms of date first set forth in the Restated Credit Agreement will govern the rights of the Borrower, the Lenders and the Issuing Banks with respect introductory paragraph thereto.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Sequential Brands Group, Inc.)

Amendment and Restatement of the Existing Credit Agreement. Effective on the Amendment Effective Date (as defined below), (a) On the Restatement Effective Date, the Existing Credit Agreement is hereby amended and restated to read in its entirety the form of the Second Amended and Restated First Lien Credit Agreement attached hereto as set forth in Exhibit Annex A hereto (the Existing Credit Agreement, as so amended and restated, being referred to herein as the “Restated Credit Agreement”), ) and (b) each Exhibit and Schedule to the Administrative Agent Existing Credit Agreement is hereby directed by replaced in its entirety with the Required Lenders to enter into such Loan Documents corresponding Exhibits and to take such other actions as may be required to give effect Schedules attached to the transactions contemplated herebyRestated 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 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 , as may be further amended, supplemented or otherwise modified from time to time. For the avoidance of all Revolving Loans and all Letters of Credit outstanding under doubt, any references to “the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under date hereof” in the Restated Credit Agreement and shall refer to the terms of date first set forth in the Restated Credit Agreement will govern the rights of the Borrower, the Lenders and the Issuing Banks with respect introductory paragraph thereto.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Sequential Brands Group, Inc.)

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Amendment and Restatement of the Existing Credit Agreement. (a) On Effective on the Restatement Effective Date, the Existing Credit Agreement (excluding the annexes, schedules and exhibits thereto that are not attached as part of Exhibit A hereto) 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”, “this 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 All Loans and all Letters of Credit outstanding under the Existing Credit Agreement on the Restatement Effective Date (after giving effect to all prepayments made 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.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (On Semiconductor Corp)

Amendment and Restatement of the Existing Credit Agreement. Subject to the terms and conditions set forth herein, on the Second Amendment Effective Date (a) On the Restatement Effective Dateas defined below), the Existing Credit Agreement is hereby shall be amended and restated to read in its entirety as set forth in Exhibit A hereto (the “Restated Amended 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”, “this Agreement”, “herein”, “hereinafter, “hereto”, “hereof” and words of similar import, as used in the Restated Amended Credit Agreement, shall, unless the context otherwise requires, refer to the Existing Credit Agreement as amended and restated in the form of the Restated Amended Credit Agreement, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Restated Amended Credit Agreement. The Required Lenders further consent to the entry by the Administrative Agent into the amendment of any Security Document deemed necessary or advisable by the Administrative Agent in connection with the Amended 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.

Appears in 1 contract

Samples: Credit Agreement (Apollo Global Management LLC)

Amendment and Restatement of the Existing Credit Agreement. (a) On Effective immediately after the Restatement Effective Dateprepayment of the Existing Term Loans and outstanding Revolving Loans under Section 3 above, 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 Restatement 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, (i) the terms “Agreement”, “this 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, Agreement and (ii) 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.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Advance Auto Parts Inc)

Amendment and Restatement of the Existing Credit Agreement. (a) On The Borrower, Parent, the Restatement Effective Date, Lenders and the Administrative Agent agree that the Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby amended and restated restated, effective as of the Restatement Effective Date (as defined in the Restated Credit Agreement referred to below), to read in its entirety as set forth in the Second Amended and Restated Credit Agreement attached hereto as Exhibit A hereto (the “Restated Credit Agreement”), and . As used in 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 restatementRestated Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter, “hereto”, “hereof” and words of similar import, as used in the Restated Credit Agreement, import shall, unless the context otherwise requires, refer to mean the Existing Credit Agreement as amended and restated in by this Amendment Agreement. On the form Restatement Effective Date, upon the effectiveness of the Restated Credit Agreement, each Letter of Credit issued under the Existing Credit Agreement shall be deemed to be a Letter of Credit issued under and the term “Credit Agreement”, as used defined 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.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (William Lyon Homes)

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