Common use of Effect of Amendment and Restatement; No Novation Clause in Contracts

Effect of Amendment and Restatement; No Novation. Upon the effectiveness of this Agreement, the Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Obligations shall continue in full force and effect, and the effectiveness of this Agreement shall not constitute a novation or repayment of the Original Obligations. Such Original Obligations, together with any and all additional Obligations incurred by Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured, by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. Borrower hereby reaffirms the obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Any and all references in any Loan Documents to the Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon On the Closing Date, upon the effectiveness of this Agreement, the Original Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Existing Obligations shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Original Existing Obligations. Such Original Existing Obligations, together with any and all additional Obligations incurred by Borrower Borrowers under this Agreement or under any of the other Loan Documents, shall continue to be secured, secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Borrower and Parent hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Any On the Closing Date, any and all references in any Loan Documents to the Original Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon the effectiveness of this Agreement, the Original Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Existing Obligations shall continue in full force and effect, and the effectiveness of this Agreement shall not constitute a novation or repayment of the Original Existing Obligations. Such Original Existing Obligations, together with any and all additional Obligations incurred by any Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured, secured by, among other things, the applicable portions of the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. Each Borrower and each Guarantor hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on prior to the Closing Effective Date. Any and all references in any Loan Documents to the Original Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon On the Closing Date, upon the effectiveness of this Agreement, the Original Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Existing Obligations shall continue in full force and effect, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Original Existing Obligations. Such Original Existing Obligations, together with any and all additional Obligations incurred by Borrower Borrowers under this Agreement or under any of the other Loan Documents, shall continue to be secured, secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. Each Borrower hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Any On the Closing Date, any and all references in any Loan Documents to the Original Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon the effectiveness of this Agreement, the Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Obligations (as defined in the Original Obligations Credit Agreement) shall continue in full force and effect, and the effectiveness of this Agreement shall not constitute a novation or repayment of the Original such Obligations. Such Original Obligations, together with any and all additional Obligations incurred by any Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured, secured by, among other things, the applicable portions of the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. Each Borrower hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on prior to the Closing Date. Any and all references in any Loan Documents to the Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon the effectiveness of this Agreement, the Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Obligations outstanding on the Closing Date shall continue in full force and effecteffect as Obligations under this Agreement, and the effectiveness of this Agreement shall not constitute a novation or repayment of the Original Obligations. Without limiting the foregoing, upon the effectiveness of this Agreement, the outstanding “Revolving Advances” (as defined in the Original Credit Agreement) shall constitute Advances and the outstanding “Swing Line Advances” (as defined in the Original Credit Agreement) shall constitute Swing Loans. Such Original Obligations, together with any and all additional Obligations incurred by Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured, by, among other things, secured by the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. Borrower hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Any and all references in any Loan Documents to the Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon On the Closing Date, upon the effectiveness of this Agreement, the Original Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Existing Obligations (as amended and restated hereby) shall continue in full force and effect, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Original Existing Obligations. Such Original Existing Obligations, together with any and all additional Obligations incurred by Borrower Borrowers under this Agreement or under any of the other Loan Documents, shall continue to be secured, secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. Each Borrower hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date (including, without limitation, as modified by any releases of Collateral delivered on the Closing Date). Any On the Closing Date, any and all references in any Loan Documents to the Original Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon On the Closing Date, upon the effectiveness of this Agreement, the Original Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Existing Obligations shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Original Existing Obligations. Such Original Existing Obligations, together with any and all additional Obligations incurred by Borrower Borrowers under this Agreement or under any of the other Loan Documents, shall continue to be secured, secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Borrower and Parent hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Any Effective on the Closing Date, each of MGPI Pipeline and MGPI Indiana hereby joins this Agreement as a Borrower hereunder, with the same effect as if each was originally a party to the Existing Credit Agreement. On the Closing Date, any and all references in any Loan Documents to the Original Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon the effectiveness of this Agreement, the Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Obligations outstanding on the Restatement Date shall continue in full force and effecteffect and constitute Obligations, and the effectiveness of this Agreement shall not constitute a novation or repayment of the Original Obligations. Such Original Obligations, together with any and all additional Obligations incurred by Borrower or any other Credit Party under this Agreement or under any of the other Loan Credit Documents, shall continue to be secured, secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Credit Documents. Borrower hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in the Original Credit Agreement and in any and all Loan Credit Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Credit Documents delivered on the Closing Restatement Date. Any and all references in any Loan Documents Credit Document to the Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. Upon the effectiveness of this Agreement, the Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Original Obligations shall continue in full force and effect, and the effectiveness of this Agreement shall not constitute a novation or repayment of the Original Obligations. Such Original Obligations, together with any and all additional Obligations incurred by Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured, secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. Borrower hereby reaffirms the its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Any and all references in any Loan Documents to the Original Credit Agreement shall be deemed to be amended to refer to this Agreement.