Amendments; Execution in Counterparts; Severability. (a) Except as expressly amended hereby, the provisions of the Amended Credit Agreement are and shall remain in full force and effect. (b) This Third Amendment may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Holdings, the Borrower, the other Credit Parties party hereto, the Revolver Agent, the Collateral Agent, the Global Agent and the New Lenders party hereto. (c) This Third Amendment may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Third Amendment by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Third Amendment. (d) In the event any one or more of the provisions contained in this Third Amendment should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
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Amendments; Execution in Counterparts; Severability. (a) Except as expressly amended hereby, the provisions of the Amended Credit Agreement are and shall remain in full force and effect.
(b) This Third First Amendment may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Holdings, the Borrower, the other Credit Parties party hereto, the Revolver Agent, the Collateral Agent, the Global Agent and the New Lenders party hereto.
(c) This Third First Amendment may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Third First Amendment by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Third First Amendment.
(d) In the event any one or more of the provisions contained in this Third First Amendment should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
Appears in 1 contract
Amendments; Execution in Counterparts; Severability. (a) Except as expressly amended hereby, the provisions of the Amended Credit Agreement are and shall remain in full force and effect.
(b) This Third Second Amendment may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Holdings, the Borrower, the other Credit Parties party hereto, the Revolver Agent, the Collateral Agent, the Global Agent and the New Lenders party hereto.
(c) This Third Second Amendment may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Third Second Amendment by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Third Second Amendment.
(d) In the event any one or more of the provisions contained in this Third Second Amendment should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.
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Amendments; Execution in Counterparts; Severability. (a) This Fourth Amendment shall not constitute an amendment of any other provision of the Credit Agreement not referred to herein or therein. Except as expressly amended hereby, the provisions of the Amended Credit Agreement are and shall remain in full force and effect.
(b) This Third Fourth Amendment may not be amended nor may any provision hereof be waived except pursuant to a writing signed by Holdings, the Borrower, the other Credit Parties party hereto, the Revolver Administrative Agent, the Collateral Agent, the Global Agent Issuing Bank, the Swingline Lender, the Syndication Agents, the New Arrangers, the Revolving Credit Lenders and the New Lenders party heretoTerm Lenders.
(c) This Third Fourth Amendment may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Third Fourth Amendment by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Third Fourth Amendment.. NY\4521662.7
(d) In the event any one or more of the provisions contained in this Third Fourth Amendment should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.. NY\4521662.7
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