AMENDMENT EFFECTIVE DATE ASSIGNMENTS Clause Samples
AMENDMENT EFFECTIVE DATE ASSIGNMENTS. On the Amendment No. 8 Effective Date, immediately prior to giving effect to the Amendment No. 8 Extended Revolving Credit Commitments, for an agreed consideration, each Non-Extended Assigning Lender hereby irrevocably sells and assigns to the Extended Additional Lenders, and each Extended Additional Lender hereby irrevocably purchases and assumes from such Non-Extended Assigning Lender, as of the Amendment No. 8 Effective Date (i) all of such Non-Extended Assigning Lender’s rights and obligations in its capacity as a Lender and L/C Issuer under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage of assigned Revolving Credit Commitments (and any Revolving Loans, L/C Advances and any L/C participation obligations in respect thereof) and L/C Commitments of such Non-Extended Assigning Lender, in each case, under the Credit Agreement, identified on Annex 1 hereto and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of such Non-Extended Assigning Lender (in its capacity as a Lender under the Credit Agreement) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned by any Non-Extended Assigning Lender to any Extended Additional Lender pursuant to clauses (i) and (ii) above being referred to herein collectively as an “Assigned Interest”). Each such sale and assignment is without recourse to any Non-Extended Assigning Lender and, except as expressly provided in this Section 5, without representation or warranty by any Non-Extended Assigning Lender. It is understood and agreed that the rights and obligations of the Non-Extended Assigning Lenders and the Extended Additional Lenders under this Section 5 are several and not joint. The Standard Terms and Conditions set forth in Annex 4 hereto are hereby agreed to and incorporated herein by reference and made a part of this Section 5 as if set forth herein in full. The parties hereto agree that th...
