Amendment and Restatement of the Original Credit Agreement. Effective as of the Closing Date, this Agreement shall constitute an amendment and restatement of all, but not an extinguishment, discharge, satisfaction or novation of any, indebtedness liabilities and/or obligations (including, without limitation, the Obligations) of the Loan Parties under the Original Credit Agreement.
Amendment and Restatement of the Original Credit Agreement. The parties hereto acknowledge and agree that: (a) this Agreement and the other Loan Documents executed and delivered in connection herewith do not constitute a novation, payment and reborrowing, or termination of the “Obligations” (as defined in the Original Credit Agreement); (b) such “Obligations” under the Original Credit Agreement are in all respects continuing with only the terms thereof being amended and modified as provided in this Agreement; and (c) the “Liens” granted in the “Collateral” (each as defined in the Original Credit Agreement and/or the Guaranty and Security Agreement, as applicable) pursuant to the Original Credit Agreement securing payment of such “Obligations” are in all respects continuing and in full force and effect and secure the payment of the Obligations (as defined in this Agreement) and are hereby fully ratified and affirmed. Without limitation of the foregoing, Borrowers and Parent hereby fully and unconditionally ratify and affirm all of the Loan Documents, as amended, and agree that all security interests and other Liens granted to Agent for the benefit of itself and the other Lenders in the collateral thereunder with respect to the Loans shall from and after the date hereof secure all Obligations hereunder in favor of Agent for the benefit of itself and the other Lenders. For the avoidance of doubt, all other Obligations (as defined in the Original Credit Agreement) remain unaffected except to the extent specifically set forth therein, and the Original Credit Agreement and related Loan Documents remain in full force and effect in all respects. Notwithstanding the modifications effected by this Agreement of the representations, warranties and covenants of Borrowers and/or Parent, as applicable, in the Original Credit Agreement, Borrowers and Parent acknowledge and agree that any choses in action or other rights created in favor of Agent for the benefit of itself and the other Lenders (and their successors and assigns) arising out of the representations and warranties of Borrowers and/or Parent, as applicable, contained in or delivered (including representations and warranties delivered in connection with the making of the loans or other extensions of credit thereunder) in connection with the Original Credit Agreement shall survive the execution and delivery of this Agreement in favor of Agent for the benefit of itself and the other Lenders. All indemnification obligations of Borrowers and Parent pursuant to the Original C...
Amendment and Restatement of the Original Credit Agreement. Effective as of the Second Restatement Effective Date (as defined below), the Original Credit Agreement, including all schedules and exhibits thereto, is hereby amended and restated in its entirety in the form of the amended and restated Credit Agreement set forth as Exhibit A hereto (the Original Credit Agreement as so amended and restated is referred to herein as the “Restated Credit Agreement”).
Amendment and Restatement of the Original Credit Agreement. Effective as of the Restatement Effective Date (as defined below):
(a) the Original Credit Agreement is hereby amended and restated in its entirety in the form of the Third Amended and Restated Loan Agreement set forth as Exhibit A hereto: (a) by deleting each term thereof which is reflected in strike-through font (indicated textually in the same manner as the following example: stricken text) and (b) by inserting each term thereof which is reflected in double underlined font (indicated textually in the same manner as the following example: double-underlined text), in each case in the place where such term appears therein (the Original Credit Agreement as so amended and restated is referred to herein as the “Restated Credit Agreement”);
(b) all exhibits to the Original Credit Agreement, in the forms thereof immediately prior to the Restatement Effective Date, will continue to be exhibits to the Restated Credit Agreement, except Xxxxxxxx X, X, X-0, X-0, X-0, X-0, X-0, E, F, G, H-1, H-2 and H-3, which shall be amended and restated in the form attached hereto as Xxxxxxxx X, X, X-0, X-0, X-0, X-0, E, F, G, H-1, H-2 and H-3; and
(c) all schedules to the Original Credit Agreement, in the forms thereof immediately prior to the Restatement Effective Date, will continue to be schedules to the Restated Credit Agreement, except that (i) Schedule 1 shall be amended and restated in the form attached hereto as Schedule 1 and (ii) a new Schedule 2 shall be included in the form attached hereto as Schedule 2.
Amendment and Restatement of the Original Credit Agreement. Effective on the Amendment Effective Date (as defined below), (a) the Original Credit Agreement is hereby amended and restated in the form of the Amended and Restated Credit Agreement set forth as Annex A hereto (the Original Credit Agreement, as so amended and restated, being referred to herein as the “Restated Credit Agreement”), and (b) each Exhibit and Schedule to the Original Credit Agreement is hereby replaced in its entirety with the corresponding Exhibits and Schedules attached to the 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 Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Restated Credit Agreement, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Restated Credit Agreement, as may be further amended, supplemented or otherwise modified from time to time. For the avoidance of doubt, any references to “the date hereof” in the Restated Credit Agreement shall refer to February 19, 2013.
Amendment and Restatement of the Original Credit Agreement the Collateral Agreement and the Loan Proceeds Note.
(a) Effective as of the Second Restatement Effective Date, the Original Credit Agreement (excluding, except as expressly set forth herein, any schedule or exhibit thereto, each of which shall remain as in effect immediately prior to the Second Restatement Effective Date) is hereby amended and restated to be in the form attached as Annex I hereto (the Original Credit Agreement, as so amended and restated, being referred to as the “Restated Credit Agreement”).
(b) Effective as of the Second Restatement Effective Date, Schedule 2.01 to the Original Credit Agreement is hereby amended to include the information on Schedule 2.01(a) attached hereto.
(c) Effective as of the Second Restatement Effective Date, Exhibits A, C-2 and H to the Original Credit Agreement are hereby amended and restated to be in the form of Exhibits A, C-2 and H, respectively, attached hereto.
(d) Effective as of the Second Restatement Effective Date, the Collateral Agreement is hereby amended and restated to be in the form attached hereto as Exhibit C-2.
(e) Effective as of the Second Restatement Effective Date, the Loan Proceeds Note is hereby amended and restated to be in the form attached hereto as Exhibit H.
Amendment and Restatement of the Original Credit Agreement. The Original Credit Agreement is hereby amended and restated in the form of Exhibit A hereto.
Amendment and Restatement of the Original Credit Agreement. Loans and Letters of Credit.
(a) Effective immediately after the prepayment of the Tranche A Term Loans and the Tranche B Term Loans under Section 3 above, the Original 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, 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 Original 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 Original Credit Agreement. (a) The Borrower, the Additional Lenders, the Existing Lenders, the Administrative Agent and the Collateral Agent agree that the Original Credit Agreement (including all Exhibits and Schedules thereto) is hereby amended and restated, effective as of the Assignment Date, to read in its entirety as set forth in Exhibit A hereto. 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 and except as provided above, mean the Original Credit Agreement as amended and restated by this Agreement.
Amendment and Restatement of the Original Credit Agreement. The Original Credit Agreement, as of the Third Restatement Effective Date, is hereby amended and restated to read in its entirety as set forth in Exhibit A hereto (the “Third Restated Credit Agreement”).
