Common use of Effect of Amendment and Restatement of the Existing Agreement Clause in Contracts

Effect of Amendment and Restatement of the Existing Agreement. On the Effective Date, the Existing Credit Agreement shall be amended and restated in its entirety. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation or termination of the obligations for principal, interest or fees of the Borrower under the Existing Agreement as in effect immediately prior to the Effective Date and which remain outstanding; and (b) except for any of the Borrower’s obligations under the Existing Credit Agreement which are expressly contemplated to be repaid on the Effective Date and to the extent are in fact so repaid, the obligations of the Borrower under the Existing Credit Agreement (as amended and restated hereby and which are on and after the date hereof subject to the terms herein) are in all respects continuing, and shall continue to be secured as provided in the Security Documents.

Effect of Amendment and Restatement of the Existing Agreement. On the Effective Closing Date, the Existing Credit Agreement shall be amended and restated in its entirety. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation or termination of the obligations for principal, interest or fees of Obligations (as defined in the Borrower Existing Agreement) under the Existing Agreement as in effect immediately prior to the Effective Closing Date and which remain outstanding; and (b) except for any of the Borrower’s obligations under Obligations (as defined in the Existing Credit Agreement Agreement) which are expressly contemplated to be repaid on the Effective Closing Date and to the extent are in fact so repaid, the obligations of the Borrower under the Existing Credit Agreement Obligations (as amended and restated hereby and which are on and after the date hereof hereinafter subject to the terms herein) are in all respects continuing, and shall continue to be secured as provided in the Security Collateral Documents.

Effect of Amendment and Restatement of the Existing Agreement. On the Effective Date, the Existing Credit Agreement shall be amended and restated in its entirety. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation or termination of the obligations for principal, interest or fees of the Borrower under the Existing Agreement as in effect immediately prior to the Effective Date and which remain outstanding; and (b) except for any of the Borrower’s obligations under the Existing Credit Agreement which are expressly contemplated to be repaid on the Effective Date and to the extent are in fact so repaid, the obligations of the Borrower under the Existing Credit Agreement (as amended and restated hereby and which are on and after the date hereof subject to the terms herein) are in all respects continuing, and shall continue to be secured as provided in the Security Documents.. 701007202 11262547 116 Revolving Credit Agreement