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

Amendment and Restatement of the Existing Credit Agreement. (a) The Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby amended and restated, effective as of the Amendment Effectiveness Date and immediately following the effectiveness of the assignments provided for in Section 7, into a credit agreement (including all exhibits and schedules thereto) reading, subject to the next succeeding sentence, in its entirety as set forth in Exhibit A hereto (the “Restated Credit Agreement”), and the Administrative Agent and the Collateral Agent are hereby directed to enter into such Loan Documents and to take such other actions as may be required to give effect to the transactions contemplated hereby. Schedule 2.01 to the Restated Credit Agreement, setting forth the respective commitments of the Continuing Lenders, shall be prepared by the Administrative Agent on or prior to the Amendment Effectiveness Date based on the Funding Memorandum described in Section 6(c) of this Assignment and Amendment Agreement and, upon effectiveness of the assignments, shall be deemed a part of the Restated Credit Agreement as though included in Exhibit A 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 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.

Amendment and Restatement of the Existing Credit Agreement. (a) The Immediately after the effectiveness of this Agreement on the Effective Date pursuant to Section 6 hereof (such time, the “Amendment Effective Time”), the Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby Schedule 2.01 thereto shall be amended and restated, effective as of the Amendment Effectiveness Date and immediately following the effectiveness of the assignments provided for in Section 7, into a credit agreement (including all exhibits and schedules thereto) reading, subject to the next succeeding sentence, restated in its entirety as set forth in Exhibit on Annex A hereto (the Existing Credit Agreement, as so amended and restated, the “Amended and Restated Credit Agreement”) and the Lenders party hereto (including each Lender who has delivered an Extension Consent) (which Lenders constitute the Lenders required to consent to this Agreement pursuant to Section 9.08 of the Existing Credit Agreement), each Swingline Lender and each Issuing Bank hereby consent to the Amended and Restated Credit Agreement and direct the Administrative Agent and the Collateral Agent are hereby directed to enter into such other Loan Documents and to take such other actions as the Administrative Agent determines may be required necessary or desirable to give effect to the transactions contemplated hereby. Schedule 2.01 For the avoidance of doubt, the consent obtained pursuant to this Agreement shall constitute the Pending Revolving Lender Consents (as defined in the Tenth Incremental Assumption and Amendment Agreement (as defined in the Amended and Restated Credit Agreement, setting )) and the amendments set forth the respective commitments of the Continuing Lenders, shall be prepared by the Administrative Agent on or prior to the Amendment Effectiveness Date based on the Funding Memorandum described in Section 6(c) 2.14 of this Assignment and Amendment Agreement and, upon effectiveness of the assignments, shall be deemed a part of the Restated Credit Agreement as though included in Exhibit A 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Existing Credit Agreement as amended and restated in the form shall become operative for purposes of the Restated Credit Agreement, and Revolving Facility as of the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Restated Credit AgreementAmendment Effective Time.

Amendment and Restatement of the Existing Credit Agreement. (a) The Subject to the terms and conditions set forth herein, on the Amendment Effective Date, the Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby shall be amended and restated, effective as of the Amendment Effectiveness Date and immediately following the effectiveness of the assignments provided for in Section 7, into a credit agreement (including all exhibits and schedules thereto) reading, subject restated to the next succeeding sentence, 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 Amendment Lenders and the Collateral Agent are hereby directed Extending Term Lenders to enter into a Reaffirmation Agreement substantially in the form of Exhibit B hereto (the “Reaffirmation Agreement”) and such other Loan Documents and to take such other actions as may be required to give effect to the transactions contemplated hereby. Schedule 2.01 to the Restated Credit Agreement, setting forth the respective commitments of the Continuing Lenders, shall be prepared by the Administrative Agent on or prior to the Amendment Effectiveness Date based on the Funding Memorandum described in Section 6(c) of this Assignment and Amendment Agreement and, upon effectiveness of the assignments, shall be deemed a part of the Restated Credit Agreement as though included in Exhibit A 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 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 Lenders further consent to the entry by the Administrative Agent into the amendment or reaffirmation of any Loan Document (including, without limitation, (x) any foreign law Security Document in effect on the Amendment Effective Date or entered into subsequent thereto or (y) further amendments to the documents attached hereto) deemed necessary or advisable by the Administrative Agent to perfect, or continue the perfection (with the same priority) of, the Liens securing the Obligations or otherwise advisable based on the advice of counsel.

Amendment and Restatement of the Existing Credit Agreement. Subject to the terms and conditions set forth herein, on the Second Amendment Effective Date (a) The as defined below), the Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby shall be amended and restated, effective as of the Amendment Effectiveness Date and immediately following the effectiveness of the assignments provided for in Section 7, into a credit agreement (including all exhibits and schedules thereto) reading, subject restated to the next succeeding sentence, read in its entirety as set forth in Exhibit A hereto (the “Restated Amended Credit Agreement”), and the Administrative Agent and the Collateral Agent are 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. Schedule 2.01 to the Restated Credit Agreement, setting forth the respective commitments of the Continuing Lenders, shall be prepared by the Administrative Agent on or prior to the Amendment Effectiveness Date based on the Funding Memorandum described in Section 6(c) of this Assignment and Amendment Agreement and, upon effectiveness of the assignments, shall be deemed a part of the Restated Credit Agreement as though included in Exhibit A 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 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.

Amendment and Restatement of the Existing Credit Agreement. (a) The Subject to the terms and conditions set forth herein, on the Amendment Effective Date, the Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby shall be amended and restated, effective as of the Amendment Effectiveness Date and immediately following the effectiveness of the assignments provided for in Section 7, into a credit agreement (including all exhibits and schedules thereto) reading, subject restated to the next succeeding sentence, 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 Amendment Lenders and the Collateral Agent are hereby directed other Lenders party hereto to enter into a Reaffirmation Agreement substantially in the form of Exhibit B hereto (the “Reaffirmation Agreement”) and such other Loan Documents and to take such other actions as the Administrative Agent determines may be required necessary or desirable to give effect to the transactions contemplated hereby. Schedule 2.01 to the Restated Credit Agreement, setting forth the respective commitments of the Continuing Lenders, shall be prepared by the Administrative Agent on or prior to the Amendment Effectiveness Date based on the Funding Memorandum described in Section 6(c) of this Assignment and Amendment Agreement and, upon effectiveness of the assignments, shall be deemed a part of the Restated Credit Agreement as though included in Exhibit A 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 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 Lenders further consent to the entry by the Administrative Agent into the amendment or reaffirmation of any Loan Document (including, without limitation, further amendments to the documents attached hereto), on or following the Amendment Effective Date, deemed necessary or advisable by the Administrative Agent to perfect, or continue the perfection (with the same priority) of, the Liens securing the Obligations or otherwise advisable based on the advice of counsel (including with respect to rounding, administrative adjustments and other mechanical changes to reflect the elections of the Lenders hereunder).

Amendment and Restatement of the Existing Credit Agreement. Subject to the terms and conditions set forth herein, on the Amendment Effective Date (a) The as defined below), the Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby shall be amended and restated, effective as of the Amendment Effectiveness Date and immediately following the effectiveness of the assignments provided for in Section 7, into a credit agreement (including all exhibits and schedules thereto) reading, subject restated to the next succeeding sentence, read in its entirety as set forth in Exhibit A hereto (the “Restated Amended Credit Agreement”), and the New Administrative Agent is hereby directed by the Required Amendment Lenders and the Collateral Agent are hereby directed other Lenders party hereto to enter into a Reaffirmation Agreement substantially in the form of Exhibit B hereto (the “Reaffirmation Agreement”) and such other Loan Documents and to take such other actions as the New Administrative Agent determines may be required necessary or desirable to give effect to the transactions contemplated hereby. Schedule 2.01 to the Restated Credit Agreement, setting forth the respective commitments of the Continuing Lenders, shall be prepared by the Administrative Agent on or prior to the Amendment Effectiveness Date based on the Funding Memorandum described in Section 6(c) of this Assignment and Amendment Agreement and, upon effectiveness of the assignments, shall be deemed a part of the Restated Credit Agreement as though included in Exhibit A 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 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 Lenders further consent to the entry by the New Administrative Agent into the amendment or reaffirmation of any Loan Document (including, without limitation, further amendments to the documents attached hereto), on or following the Amendment Effective Date, deemed necessary or advisable by the New Administrative Agent to perfect, or continue the perfection (with the same priority) of, the Liens securing the Obligations, or to facilitate the transfer or incorporate the agency of the Agents thereunder or otherwise advisable based on the advice of counsel (including with respect to rounding, administrative adjustments and other mechanical changes to reflect the elections of the Lenders hereunder, the amendments and the agency provisions).

Amendment and Restatement of the Existing Credit Agreement. (a) The Subject to the terms and conditions set forth herein, on the Amendment Effective Date, the Existing Credit Agreement (including all Exhibits and Schedules thereto) is hereby shall be amended and restated, effective as of the Amendment Effectiveness Date and immediately following the effectiveness of the assignments provided for in Section 7, into a credit agreement (including all exhibits and schedules thereto) reading, subject restated to the next succeeding sentence, 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 Amendment Lenders and the Collateral Agent are hereby directed other Lenders party hereto to enter into a Reaffirmation Agreement substantially in the form of Exhibit B hereto (the “Reaffirmation Agreement”) and such other Loan Documents and to take such other actions as the Administrative Agent determines may be required necessary or desirable to give effect to the transactions contemplated hereby. Schedule 2.01 to the Restated Credit Agreement, setting forth the respective commitments of the Continuing Lenders, shall be prepared by the Administrative Agent on or prior to the Amendment Effectiveness Date based on the Funding Memorandum described in Section 6(c) of this Assignment and Amendment Agreement and, upon effectiveness of the assignments, shall be deemed a part of the Restated Credit Agreement as though included in Exhibit A 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 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 Lenders further consent to the entry by the Administrative Agent into the amendment or reaffirmation of any Loan Document (including, without limitation, further amendments to the documents attached hereto) deemed necessary or advisable by the Administrative Agent to perfect, or continue the perfection (with the same priority) of, the Liens securing the Obligations or otherwise advisable based on the advice of counsel.