Amendment; No Novation Clause Samples
Amendment; No Novation. This Amendment constitutes an amendment of the Credit Agreement, effective from and after the Fifth Amendment Effective Date and not a novation or discharge thereof. The parties agree that the execution, delivery, and effectiveness of this Amendment shall not constitute a substitution, novation, discharge, or extinguishment of any indebtedness or other obligations for payment of money or any evidence of repayment thereof under the Credit Agreement or any other Loan Document, or a release or discharge any Lien or priority of any Loan Document or any security therefor. The Borrower hereby acknowledges that neither this Amendment, nor any other Loan Document is intended as or shall be construed as a release or novation of any Lien or other security interest, securing any "Obligation" or "Obligations", all of which are continued in full force and effect.
Amendment; No Novation. Each of the Guarantors confirms that the Amended and Restated Guaranty and Suretyship Agreement made as of May 31, 2006 by the Guarantors in favor of the Agent (the “Prior Guaranty Agreement”), the Prior Credit Agreement, and the other Loan Documents, prior to giving effect to the Credit Agreement and this Amended and Restated Guaranty and Suretyship Agreement, have at all times, since the date of their respective original execution and delivery, remained in full force and effect and the Prior Guaranty Agreement has continued to guaranty, the Guaranteed Indebtedness (as originally defined therein and as amended) which is continued as the Guaranteed Indebtedness as amended hereby. Each of the Guarantors and Lenders acknowledge and agree that the amendment and restatement of the Prior Guaranty Agreement and the other Loan Documents by or in connection with the Credit Agreement is not intended to constitute, nor does it constitute, a novation, interruption, suspension of continuity, satisfaction, discharge or termination of the obligations, loans, liabilities, or indebtedness under the Prior Credit Agreement or any of the other original Loan Documents, and this Guarantee and the other Loan Documents are entitled to all rights and benefits originally pertaining to the Prior Credit Agreement and the other original Loan Documents.
Amendment; No Novation. For the avoidance of doubt, the Amended Note is made and entered into by Borrower as an amendment and restatement of the Existing