Common use of Amendments; Execution in Counterparts Clause in Contracts

Amendments; Execution in Counterparts. (a) This Agreement shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, shall not be construed as a waiver or consent to any further or future action on the part of the Borrower that would require a waiver or consent of the Lenders or the Administrative Agent. Nothing contained herein shall be construed as a substitution or novation of the Existing Credit Agreement or of the obligations outstanding thereunder. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect. (b) The Borrower and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) This Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by each of the parties hereto. (d) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. The words “executed”, “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, shall be deemed to include electronic signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement or any other Loan Document not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower that would require a waiver or consent of the Lenders or the Administrative Agent. Nothing contained herein shall be construed as a substitution or novation of the Existing Credit Agreement or of the obligations outstanding thereunder. Except as expressly amended hereby, the provisions of the Existing Credit Agreement and each of the other Loan Documents are and shall remain in full force and effect and the Borrower agrees, with respect to each Loan Document to which it is a party, that all of its obligations, liabilities and indebtedness under such Loan Document, as amended hereby, including guarantees and grants of security interests, shall remain in full force and effect. (b) The Borrower . This Amendment and the Acknowledgment and Confirmation shall each constitute a Loan Document for the purposes of the Credit Agreement and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) . This Agreement Amendment may not be amended amended, nor may any provision hereof be waived waived, amended or modified except pursuant to a in writing signed by each of the parties heretoBorrower, the Administrative Agent and the 2018 Incremental Term Lender. (db) This Agreement Amendment may be executed by in one or more counterparts (and by different parties hereto in different counterparts), each of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together which shall be deemed to an original, but all of which together shall constitute one and the same instrument. Delivery by telecopier or other electronic transmission of an executed counterpart of a signature page of to this Agreement by email or facsimile transmission Amendment shall be effective as delivery of a manually an original executed counterpart hereof. A set of the copies of this Agreement Amendment. The Administrative Agent may also require that any such documents and signatures delivered by telecopier or other electronic transmission be confirmed by a manually-signed original thereof; provided, that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by all the parties shall be lodged with the Borrower telecopier or other electronic transmission. (c) Each party hereto acknowledges and agrees that its execution and delivery of a counterpart of a signature page to this Amendment to the Administrative Agent. The words “executed”, “execution,” “signed,” “signature,” “delivery,” Agent is irrevocable and words binding on such party and its respective successors and assigns even if such signature page is submitted prior to the effectiveness of like import in or relating to this Agreement, shall be deemed to include electronic signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may beamendment contained herein.

Amendments; Execution in Counterparts. (a) This Agreement shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, shall not be construed as a waiver or consent to any further or future action on the part of the Borrower that would require a waiver or consent of the Lenders or the Administrative Agent. Nothing contained herein shall be construed as a substitution or novation of the Existing Credit Agreement or of the obligations outstanding thereunder. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect. (b) The Borrower and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) This Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by each of the parties hereto. (d) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. The words “executed”, “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, shall be deemed to include electronic signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement or any other Credit Document not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower Obligors that would require a waiver or consent of the Lenders or the Administrative Agent. Nothing contained herein shall be construed as a substitution or novation of the Existing Credit Agreement or of the obligations outstanding thereunder. Except as expressly amended hereby, the provisions of the Existing Credit Agreement and each of the other Credit Documents are and shall remain in full force and effect and each of the Obligors agrees, with respect to each Credit Document to which it is a party, that all of its obligations, liabilities and indebtedness under such Credit Document, as amended hereby, including guarantees and grants of security interests, shall remain in full force and effect. (b) The Borrower . This Amendment shall constitute a Credit Document for the purposes of the Credit Agreement and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) . This Agreement Amendment may not be amended amended, nor may any provision hereof be waived waived, amended or modified except pursuant to a in writing signed by each the Obligors, the Administrative Agent and the requisite Lenders pursuant to Section 10.02(b) of the parties heretoCredit Agreement (assuming this Amendment were the Credit Agreement) and such Section 10.02(b) shall apply to this Amendment mutatis mutandis on such basis. (db) This Agreement Amendment may be executed in counterparts (and by one or more different parties hereto on different counterparts), each of the parties to this Agreement on any number of separate counterpartswhich shall constitute an original, and but all of said counterparts which when taken together shall be deemed to constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of to this Agreement Amendment by telecopy or email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Amendment. (c) Each party hereto acknowledges and agrees that its execution and delivery of a counterpart of a signature page to this Amendment to the Administrative Agent. The words “executed”, “execution,” “signed,” “signature,” “delivery,” Agent is irrevocable and words binding on such party and its respective successors and assigns even if such signature page is submitted prior to the effectiveness of like import in or relating to this Agreement, shall be deemed to include electronic signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may beamendment contained herein.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement or any other Loan Document not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower that would require a waiver or consent of the Lenders or the Administrative Agent. Nothing contained herein shall be construed as a substitution or novation of the Existing Credit Agreement or of the obligations outstanding thereunder. Except as expressly amended hereby, the provisions of the Existing Credit Agreement and each of the other Loan Documents are and shall remain in full force and effect and the Borrower agrees, with respect to each Loan Document to which it is a party, that all of its obligations, liabilities and indebtedness under such Loan Document, as amended hereby, including guarantees and grants of security interests, shall remain in full force and effect. (b) The Borrower . This Amendment and the Acknowledgment and Confirmation shall each constitute a Loan Document for the purposes of the Credit Agreement and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) . This Agreement Amendment may not be amended amended, nor may any provision hereof be waived waived, amended or modified except pursuant to a in writing signed by each the Borrower, the Administrative Agent and the Required Lenders pursuant to Section 10.01 of the parties heretoCredit Agreement (assuming this Amendment were the Credit Agreement) and such Section 10.01 shall apply to this Amendment mutatis mutandis on such basis. (db) This Agreement Amendment may be executed by in one or more counterparts (and by different parties hereto in different counterparts), each of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together which shall be deemed to an original, but all of which together shall constitute one and the same instrument. Delivery by telecopier or other electronic transmission of an executed counterpart of a signature page of to this Agreement by email or facsimile transmission Amendment shall be effective as delivery of a manually an original executed counterpart hereof. A set of the copies of this Agreement Amendment. The Administrative Agent may also require that any such documents and signatures delivered by telecopier or other electronic transmission be confirmed by a manually-signed original thereof; provided, that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by all the parties shall be lodged with the Borrower telecopier or other electronic transmission. (c) Each party hereto acknowledges and agrees that its execution and delivery of a counterpart of a signature page to this Amendment to the Administrative Agent. The words “executed”, “execution,” “signed,” “signature,” “delivery,” Agent is irrevocable and words binding on such party and its respective successors and assigns even if such signature page is submitted prior to the effectiveness of like import in or relating to this Agreement, shall be deemed to include electronic signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may beamendment contained herein.

Amendments; Execution in Counterparts. (a) This Agreement shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, shall not be construed as a waiver or consent to any further or future action on the part of the Borrower that would require a waiver or consent of the Lenders or the Administrative Agent. Nothing contained herein shall be construed as a substitution or novation of the Existing Credit Agreement or of the obligations outstanding thereunder. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect. (b) The Borrower and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) This Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by each of the parties hereto. (d) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterpartscounterparts (which may, to the extent applicable and reasonably acceptable to the Administrative Agent, specify if such Lender is approving the Debt Covenant Amendment in addition to the other amendments to the Credit Agreement), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. The words “executed”, “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement, shall be deemed to include electronic signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement or any other Credit Document not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower Obligors that would require a waiver or consent of the Lenders or the Administrative Agent. Nothing contained herein shall be construed as a substitution or novation of the Existing Credit Agreement or of the obligations outstanding thereunder. Except as expressly amended hereby, the provisions of the Existing Credit Agreement and each of the other Credit Documents are and shall remain in full force and effect and each of the Obligors agrees, with respect to each Credit Document to which it is a party, that all of its obligations, liabilities and indebtedness under such Credit Document, as amended hereby, including guarantees, shall remain in full force and effect. (b) The Borrower . This Amendment shall constitute a Credit Document for the purposes of the Credit Agreement and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) . This Agreement Amendment may not be amended amended, nor may any provision hereof be waived waived, amended or modified except pursuant to a in writing signed by each the Obligors, the Administrative Agent and the requisite Lenders pursuant to Section 10.02(b) of the parties heretoCredit Agreement (assuming this Amendment were the Credit Agreement) and such Section 10.02(b) shall apply to this Amendment mutatis mutandis on such basis. (db) This Agreement Amendment may be executed in counterparts (and by one or more different parties hereto on different counterparts), each of the parties to this Agreement on any number of separate counterpartswhich shall constitute an original, and but all of said counterparts which when taken together shall be deemed to constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of to this Agreement Amendment by telecopy or email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower Amendment. (c) Each party hereto acknowledges and agrees that its execution and delivery of a counterpart of a signature page to this Amendment to the Administrative Agent. The words “executed”, “execution,” “signed,” “signature,” “delivery,” Agent is irrevocable and words binding on such party and its respective successors and assigns even if such signature page is submitted prior to the effectiveness of like import in or relating to this Agreement, shall be deemed to include electronic signatures, deliveries or the keeping of records in any electronic form (including deliveries by telecopy, emailed pdf. or any other electronic means that reproduces an image of an actual executed signature page), each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may beamendment contained herein.