Effect of Amendment Agreement. With effect on and from the date of this Amendment Agreement, the Credit Agreement will be amended by, and the rights and obligations of the parties thereto relating to their future performance under the Credit Agreement will be governed by and construed in accordance with, the Credit Agreement as amended, modified and supplemented by this Amendment Agreement.
Effect of Amendment Agreement. This Amendment Agreement supplements and amends the Exclusive License Agreement as of the Amendment Effective Date, and the Exclusive License Agreement, together with this Amendment Agreement, shall henceforth be read together and shall have effect so far as practicable as though all the provisions thereof and hereof were contained in one instrument. The Exclusive License Agreement, as supplemented and amended hereby, shall continue in full force and effect for the remainder of the term thereof in accordance with the terms thereof and hereof.
Effect of Amendment Agreement. This Amendment Agreement constitutes an amendment to the Receivables Purchase Agreement. After the execution and delivery of this Amendment Agreement, all references to the Receivables Purchase Agreement in any document shall be deemed to refer to the Receivables Purchase Agreement as amended by this Amendment Agreement, unless the context otherwise requires. Except as amended above, the Receivables Purchase Agreement is hereby ratified in all respects.
Effect of Amendment Agreement. This Second Amendment Agreement amends the License Agreement as of the Second Amendment Effective Date, and, as applicable, the applicable provisions herein supplement the applicable provisions of the License Agreement and the First Amendment Agreement. The License Agreement, together with the First Amendment Agreement and Second Amendment Agreement, shall henceforth be read together and shall have effect so far as practicable as though all the provisions thereof and hereof were contained in one instrument. The License Agreement, as amended, shall continue in full force and effect for the remainder of the term thereof in accordance with the terms thereof and hereof.
Effect of Amendment Agreement. Except as expressly and specifically amended by this Amendment Agreement, the Original Business Combination Agreement is not otherwise being amended, modified or supplemented and all terms and provisions of the Original Business Combination Agreement, as amended by this Amendment Agreement, are and shall remain in full force and effect in accordance with its terms.
Effect of Amendment Agreement. This Amendment Agreement and the Amended Credit Agreement are not, and are not intended to be, a novation of the Credit Agreement or a satisfaction or discharge of any obligations of the parties thereunder. All rights and obligations of the parties to the Credit Agreement as provided therein shall remain and continue in full force and effect, except as otherwise expressly amended as provided herein. Without limiting the foregoing, (i) no Default or Event of Default existing under the Credit Agreement as of the First Amendment Effective Date shall be deemed waived or cured hereby, and (ii) any and all Loans and Letters of Credit outstanding under the Credit Agreement, together with all accrued and unpaid interest thereon, and all fees, expense reimbursement and indemnity obligations, and other amounts outstanding under the terms of the Credit Agreement as of the First Amendment Effective Date shall continue to be outstanding and due and payable as provided in the Credit Agreement except as expressly provided herein. This Amendment Agreement shall constitute a Credit Document for all purposes of the Credit Agreement, and each and every reference in the other Credit Documents to the Credit Agreement shall be deemed to refer to and mean the Credit Agreement as amended by this Amendment Agreement and as hereafter further amended, restated, supplemented or otherwise modified from time to time.
Effect of Amendment Agreement. After giving effect to this Amendment Agreement, each of the Amended PPAA and Amended Note 4 shall be and remain in full force and effect in accordance with its terms and is hereby ratified and confirmed by the parties in all respects. The execution, delivery, and performance of this Amendment Agreement shall not operate as a waiver of any right, power, or remedy of any party under the Existing Agreement or Note 4. Each party hereby acknowledges and agrees that, after giving effect to this Amendment Agreement, all of its obligations and liabilities under the Existing Agreement and Note 4, as such obligations and liabilities have been amended by this Amendment Agreement, are reaffirmed and remain in full force and effect. All references to the Existing Agreement or Note 4 in any document or instrument delivered in connection therewith shall be deemed to refer to the Amended PPAA and Amended Note 4, respectively. Nothing contained herein shall be construed as a novation of the obligations outstanding under the Existing Agreement or Note 4, each of which shall remain in full force and effect, except as modified hereby.
Effect of Amendment Agreement. (a) Except as expressly set forth herein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agents under the Amended Credit Agreement or any Credit Document (as defined in the Amended Credit Agreement), and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Credit Document (as defined in the Existing Credit Agreement), all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Credit Parties to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement or any other Credit Document (as defined in both the Amended Credit Agreement and the Existing Credit Agreement) in similar or different circumstances.
(b) It is the intention of each of the parties hereto that the Existing Credit Agreement be amended and restated so as to preserve the perfection and priority of all security interests securing indebtedness and obligations under the Existing Credit and that this Amendment Agreement does not constitute a novation of the obligations and liabilities existing under the Existing Credit Agreement.
Effect of Amendment Agreement. 6.1 All provisions of the Purchase Agreement, the Registration Rights Agreement, the Warrant and the Investor Representation Letter (collectively, the “CEFF Agreements” and each, a “CEFF Agreement”), except as amended and modified by this Amendment Agreement, shall remain in full force and effect and are reaffirmed. Other than as stated in this Amendment Agreement, this Amendment Agreement shall not operate as a waiver of any condition or obligation imposed on the Parties under the CEFF Agreements.
6.2 The term “Agreement”, “hereof”, “herein”, “hereunder” and similar terms as used in a particular CEFF Agreement, and references in each other CEFF Agreement to such CEFF Agreement, shall mean and refer to, from and after the date hereof, such CEFF Agreement as amended and modified by this Amendment Agreement.
6.3 The Parties hereto acknowledge and understand that as a result of the execution and delivery of this Amendment Agreement, among other things, the Effective Date shall be first Trading Day immediately following the date on which the New Registration Statement is declared effective by the Commission.
6.4 In the event of any conflict, inconsistency, or incongruity between any provision of this Amendment Agreement and any provision of the CEFF Agreements, the provisions of this Amendment Agreement shall govern and control.
Effect of Amendment Agreement. After the effectiveness hereof, all references to the Facility Agreement set forth in any other agreement or instrument shall, unless otherwise specifically provided, be references to the Facility Agreement as amended hereby.
