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

Effect of Amendment and Restatement; No Novation. (a) This Agreement and the A&R Credit Agreement amends and restates the Existing Credit Agreement in its entirety from and after the Amendment Effective Date. (b) Except as expressly set forth herein and in the A&R Credit Agreement, the A&R Security Document or the A&R Guaranty (i) this 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 Administrative Agent or any other party under the Existing Credit Agreement or any other Loan Document (as defined in the Existing 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 Loan 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. (c) Upon the occurrence of the Amendment Effective Date, this Agreement and each other agreements annexed hereto shall constitute a “Loan Document” for all purposes under the A&R Credit Agreement and the other Loan Documents, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement as amended and restated by this Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the A&R Credit Agreement. 3 #96533099v10

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Altisource Portfolio Solutions S.A.)

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Effect of Amendment and Restatement; No Novation. (a) This Agreement and the A&R Credit Agreement amends and restates the Existing Credit Agreement in its entirety from and after the Amendment Effective Date. (b) Except as expressly set forth herein and in the A&R Credit Agreementherein, the A&R Security Document or the A&R Guaranty (i) this Agreement Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Issuing Banks or the Administrative Agent or any other party Lenders under the Existing Credit Agreement or any and the other Loan Document (as defined in the Existing Credit Agreement)Documents, 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 of the other Loan Document (as defined in the Existing Credit Agreement)Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect (it being understood and agreed that all interest and fees accruing under the Credit Agreement in respect of periods prior to the Amendment Effective Date will accrue at the rates specified in the Credit Agreement prior to its amendment by this Amendment and be payable at the times provided in the Credit Agreement). Nothing herein shall be deemed to entitle Holdings or the Borrower 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 Credit Agreement as amended hereby in similar or different circumstances. (cb) Upon the occurrence of On and after the Amendment Effective Date, this Agreement and each other agreements annexed hereto shall constitute a “Loan Document” for all purposes under the A&R Credit Agreement and the other Loan Documents, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring to the Existing Credit Agreement as amended and restated by this Agreementimport, and each reference in the any other Loan Documents Document to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring shall be deemed to the Existing Credit Agreement shall mean and be a reference to the A&R Credit Agreement. 3 #96533099v10Agreement as amended hereby.

Appears in 1 contract

Samples: Credit Agreement (GFI Software S.A.)

Effect of Amendment and Restatement; No Novation. (a) This Agreement and the A&R Credit Agreement amends and restates the Existing Credit Agreement in its entirety from and after the Amendment Effective Date. (b) Except as expressly set forth herein and in the A&R Credit Agreementherein, the A&R Security Document or the A&R Guaranty (i) this Agreement Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, of or otherwise affect the rights and remedies of the Administrative Agent, the Issuing Lenders, the Swingline Lenders or the Administrative Agent or any other party Lenders under the Existing Credit Agreement or any and the other Loan Document (as defined in the Existing Credit Agreement)Documents, 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 of the other Loan Document (as defined in the Existing Credit Agreement)Documents, 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 Borrower 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 Credit Agreement as amended hereby in similar or different circumstances. (cb) Upon the occurrence of On and after the Amendment Effective Date, this Agreement and each other agreements annexed hereto shall constitute a “Loan Document” for all purposes under the A&R Credit Agreement and the other Loan Documents, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring to the Existing Credit Agreement as amended and restated by this Agreementimport, and each reference in the any other Loan Documents Document to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring shall be deemed to the Existing Credit Agreement shall mean and be a reference to the A&R Credit Agreement. 3 #96533099v10Agreement as amended hereby. (c) This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Five Year Credit Agreement (Best Buy Co Inc)

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Effect of Amendment and Restatement; No Novation. (a) This Agreement and the A&R Credit Agreement amends and restates the Existing Credit Agreement in its entirety from and after the Amendment Effective Date. (b) Except as expressly set forth herein and in the A&R Credit Agreementherein, the A&R Security Document or the A&R Guaranty (i) this Agreement Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Issuing Banks or the Administrative Agent or any other party Lenders under the Existing Credit Agreement or any and the other Loan Document (as defined in the Existing Credit Agreement)Documents, 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 of the other Loan Document (as defined in the Existing Credit Agreement)Documents, 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 Holdings or the Borrower 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 Credit Agreement as amended hereby in similar or different circumstances. (cb) Upon the occurrence of On and after the Amendment Effective Date, this Agreement and each other agreements annexed hereto shall constitute a “Loan Document” for all purposes under the A&R Credit Agreement and the other Loan Documents, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring to the Existing Credit Agreement as amended and restated by this Agreementimport, and each reference in the any other Loan Documents Document to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring shall be deemed to the Existing Credit Agreement shall mean and be a reference to the A&R Credit Agreement. 3 #96533099v10Agreement as amended hereby.

Appears in 1 contract

Samples: Credit Agreement (GFI Software S.A.)

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