Common use of Amendment and Restatement; Renewal Notes Clause in Contracts

Amendment and Restatement; Renewal Notes. This Agreement amends and restates in its entirety that certain Credit Agreement (the “Prior Agreement”) dated as of September 10, 2007 executed by and among the Borrower, Xxxxx Fargo Bank, National Association, as Administrative Agent, and certain lenders therein described. This Agreement does not constitute and shall not be construed to evidence a novation of or a payment and readvance of any of the Obligations (as defined in the Prior Agreement), it being the intention of the parties hereto that this Agreement is an amendment and restatement (but not an extinguishment) of the Prior Agreement. From and after the date hereof, except as the context otherwise provides, (a) all references to the Prior Agreement (or to any amendment, supplement, modification or amendment and restatement thereof) in the Loan Documents (other than this Agreement) and the use of the words “thereunder”, “thereof”, or words of similar import when referring to the Prior Agreement shall be deemed to refer to this Agreement, (b) all references to any Article, Section (or subsection) of the Prior Agreement in any Loan Document (other than this Agreement) shall be amended to become mutatis mutandis, references to the corresponding provisions of this Agreement and (c) all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to this Agreement as the same may be further amended, restated, amended and restated, supplemented or otherwise modified from time to time pursuant to the terms of this Agreement. The Borrower reaffirms the Liens granted pursuant to the Security Documents to the Administrative Agent for the benefit of the Lenders, which Liens shall continue in full force and effect during the term of this Agreement and any renewals or extensions thereof. The Notes have been given in renewal, extension and modification of the promissory notes delivered in connection with the Prior Agreement.

Amendment and Restatement; Renewal Notes. This Agreement amends and restates in its entirety that certain the Existing Credit Agreement (the “Prior Agreement”) dated as of September 10, 2007 executed by and among the Borrower, Xxxxx Fargo Bank, National Association, as Administrative Agent, and certain lenders therein described. This Agreement does not constitute and shall not be construed to evidence a novation of or a payment and readvance of any of the Obligations Liabilities (as defined in the Prior Existing Credit Agreement), it being the intention of the parties hereto that this Agreement is an amendment and restatement (but not an extinguishment) of the Prior Existing Credit Agreement. From and after the date hereof, except as the context otherwise provides, (a) all references to the Prior Existing Credit Agreement (or to any amendment, supplement, modification or amendment and restatement thereof) in the Loan Financing Documents (other than this Agreement) and the use of the words “thereunder”, “thereof”, or words of similar import when referring to the Prior Existing Credit Agreement shall be deemed to refer to this Agreement, (b) all references to any Article, Section (or subsectionclause) of the Prior Existing Credit Agreement in any Loan Financing Document (other than this Agreement) shall be amended to become mutatis mutandis, references to the corresponding provisions of this Agreement and (c) all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to this Agreement as the same may be further amended, restated, amended and restated, supplemented or otherwise modified from time to time pursuant to the terms of this Agreement. The Borrower reaffirms the Liens granted pursuant to the Security Documents to the Administrative Agent for the benefit of the Agent, the Issuer, the Lenders, the Swap Parties and any other Person, which Liens shall continue in full force and effect during the term of this Agreement and any renewals or extensions thereof. The Notes have been given in renewal, extension and modification of the promissory notes delivered in connection with the Prior Existing Credit Agreement.

Amendment and Restatement; Renewal Notes. This Agreement amends and restates in its entirety that certain Credit Agreement (the “Prior Agreement”) dated as of September 10, 2007 executed by and among the Borrower, Xxxxx Fargo Bank, National Association, as Administrative Agent, and certain lenders therein described. This Agreement does not constitute and shall not be construed to evidence a novation of or a payment and readvance of any of the Obligations (as defined in the Prior Agreement), it being the intention of the parties hereto that this Agreement is an amendment and restatement (but not an extinguishment) of the Prior Agreement. From and after the date hereof, except as the context otherwise provides, (a) all references to the Prior Agreement (or to any amendment, supplement, modification or amendment and restatement thereof) in the Loan Documents (other than this Agreement) and the use of the words “thereunder”, “thereof”, or words of similar import when referring to the Prior Agreement shall be deemed to refer to this Agreement, (b) all references to any Article, Section (or subsection) of the Prior Agreement in any Loan Document (other than this thanthis Agreement) shall be amended to become mutatis mutandis, references to the corresponding provisions of this Agreement and (c) all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to this Agreement as the same may be further amended, restated, amended and restated, supplemented or otherwise modified from time to time pursuant to the terms of this Agreement. The Borrower reaffirms the Liens granted pursuant to the Security Documents to the Administrative Agent for the benefit of the Lenders, which Liens shall continue in full force and effect during the term of this Agreement and any renewals or extensions thereof. The Notes have been given in renewal, extension and modification of the promissory notes delivered in connection with the Prior Agreement.