Effect of Amendment; No Novation. The amendment and restatement of the Prior Credit Agreement pursuant to this Agreement shall be effective as of the Closing Date. All obligations and rights of the Borrower, the other Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period commencing on the Closing Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Borrower, the other Loan Parties, the Administrative Agent, and the Lenders (as defined in the Prior Credit Agreement) arising out of or relating to the period prior to the Closing Date shall continue to be governed by the Prior Credit Agreement without giving effect to the amendment and restatements provided for herein. This Agreement shall not constitute a novation or termination of the Borrower’s or any other Loan Party’s obligations under the Prior Credit Agreement or any other Loan Paper executed or delivered in connection therewith, but shall constitute effective on the date hereof an amendment and restatement of the obligations and covenants of the Borrower and each other Loan Party under such Loan Papers (and the Borrower and each other Loan Party hereby reaffirms all such obligations and covenants, as hereby amended). This Agreement does not extinguish the obligations for the payment of money outstanding under the Prior Credit Agreement or discharge or release the “Obligations” pursuant to the Existing Loan Papers. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Prior Credit Agreement, the other Existing Loan Papers or instruments securing the same, which shall remain in full force and effect, except as expressly modified hereby or by another Loan Paper. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of the Borrower or any other Loan Party from any of its obligations or liabilities as “Borrower”, a “Guarantor” or a “Loan Party” under the Prior Credit Agreement or any other Existing Loan Paper. Each Loan Party hereby (i) confirms and agrees that each Existing Loan Paper to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that on and after the Closing Date all references in any such Loan Paper to “the Credit Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Prior Credit Agreement shall mean the Prior Credit Agreement as amended and restated by this Agreement.
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Samples: Credit Agreement (Qwest Corp), Credit Agreement (Lumen Technologies, Inc.), Credit Agreement (Qwest Corp)
Effect of Amendment; No Novation. The amendment and restatement of the Prior Credit Agreement pursuant to this Agreement shall be effective as of the Closing Date. All obligations and rights of the Borrower, the other Loan Parties, the Administrative Agent Agent, the Lenders and the Lenders Issuing Lender arising out of or relating to the period commencing on the Closing Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Borrower, the other Loan Parties, the Administrative Agent, the Lenders and the Lenders Issuing Lender (as defined in the Prior Credit Agreement) arising out of or relating to the period prior to the Closing Date shall continue to be governed by the Prior Credit Agreement without giving effect to the amendment and restatements provided for herein. This Agreement shall not constitute a novation or termination of the Borrower’s or any other Loan Party’s obligations under the Prior Credit Agreement or any other Loan Paper Document executed or delivered in connection therewith, but shall constitute effective on the date hereof an amendment and restatement of the obligations and covenants of the Borrower and each other Loan Party under such Loan Papers Documents (and the Borrower and each other Loan Party hereby reaffirms all such obligations and covenants, as hereby amended). This Agreement does not extinguish the obligations for the payment of money outstanding under the Prior Credit Agreement or discharge or release the “Secured Obligations” pursuant to the Existing Loan PapersDocuments, the Administrative Agent’s Liens pursuant to the Existing Loan Documents or the priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Prior Credit Agreement, the other Existing Loan Papers Documents or instruments securing the same, which shall remain in full force and effect, except as expressly modified hereby or by another Loan PaperDocument. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of the Borrower or any other Loan Party from any of its obligations or liabilities as “Borrower”, a “Guarantor” or a “Loan Party” under the Prior Credit Agreement or any other Existing Loan PaperDocument. It is the intent of the parties that the security interests and Liens granted in the Collateral under and pursuant to the Existing Loan Documents shall continue in full force and effect. Each Loan Party hereby (i) confirms and agrees that each Existing Loan Paper Document to which it is a party that is not being amended and restated concurrently herewith is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that on and after the Closing Date all references in any such Loan Paper Document to “the Credit Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Prior Credit Agreement shall mean the Prior Credit Agreement as amended and restated by this Agreement; and (ii) confirms and agrees that to the extent that any such Existing Loan Document purports to assign or pledge to the Administrative Agent for the benefit of the Lenders, or to grant to Administrative Agent for the benefit of the Secured Parties a Lien on any collateral as security for the “Secured Obligations” from time to time existing in respect of the Prior Credit Agreement and the other Existing Loan Documents, such Lien is hereby ratified and confirmed in all respects and continues in full force and effect to secure the Secured Obligations hereunder and under the other Loan Documents. Each Loan Party hereby agrees to execute and deliver all agreements, documents and instruments and to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary or reasonably required by the Administrative Agent, to ensure that the Administrative Agent’s Liens pursuant to the Existing Loan Documents continue to secure the Secured Obligations under this Agreement and under the other Loan Documents.
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Effect of Amendment; No Novation. The amendment and restatement of the Prior Credit Agreement pursuant to this Agreement shall be effective (a) Except as of the Closing Date. All obligations and rights of the Borrower, the other Loan Parties, the Administrative Agent and the Lenders arising out of expressly set forth herein or relating to the period commencing on the Closing Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Borrower, the other Loan Parties, the Administrative Agent, and the Lenders (as defined in the Prior Amended Credit Agreement) arising out of or relating to the period prior to the Closing Date shall continue to be governed by the Prior Credit Agreement without giving effect to the amendment and restatements provided for herein. This , this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a novation waiver of or termination otherwise affect the rights and remedies of the Borrower’s Lenders or any other Loan Party’s obligations the Agents under the Prior Existing Credit Agreement or any other Loan Paper executed Document and shall not alter, modify, amend or delivered in connection therewith, but shall constitute effective on the date hereof an amendment and restatement any way affect any of the obligations and terms, conditions, obligations, covenants of or agreements contained in the Borrower and each other Loan Party under such Loan Papers (and the Borrower and each other Loan Party hereby reaffirms all such obligations and covenants, as hereby amended). This Agreement does not extinguish the obligations for the payment of money outstanding under the Prior Existing Credit Agreement or discharge or release the “Obligations” pursuant to any other provision of the Existing Credit Agreement or of any other Loan Papers. Nothing herein contained Document, all of which are ratified and affirmed in all respects and shall be construed as a substitution or novation of the obligations outstanding under the Prior Credit Agreement, the other Existing Loan Papers or instruments securing the same, which shall remain continue in full force and effect. Without limiting the foregoing, except as expressly modified hereby or by another Loan Paper. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of the Borrower or any other Loan Party from any of its obligations or liabilities as “Borrower”, a “Guarantor” or a “Loan Party” under the Prior Credit Agreement or any other Existing Loan Paper. Each Loan Party hereby (i) the Security Documents and all of the Collateral does and shall continue to secure the payment of each Grantor’s Obligations (as defined in the Guarantee and Collateral Agreement) (including, for the avoidance of doubt, the New Term Loans) on the terms and conditions set forth in the Security Documents as amended hereby and (ii) each Guarantor hereby confirms and agrees that each Existing ratifies its continuing unconditional obligations as Guarantor under the Guarantee and Collateral Agreement with respect to all of its Guarantor Obligations (as defined in the Guarantee and Collateral Agreement) (including, for the avoidance of doubt, the New Term Loans) thereunder under the Amended Credit Agreement and all other Loan Paper Documents to which it is a party that is not being as amended pursuant to this Amendment Agreement, all on the terms set forth in the Guarantee and restated concurrently herewith is, Collateral Agreement. Notwithstanding anything herein or in any other Loan Document (including the Guarantee and shall continue Collateral Agreement) to bethe contrary, in full force the case of any Subsidiary Guarantor, Borrower Obligations and effect Guarantor Obligation (each as defined in the Guarantee and is hereby ratified and confirmed in all respects except that on and after the Closing Date all references in Collateral Agreement) shall not include any such Loan Paper to “the Credit Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Prior Credit Agreement shall mean the Prior Credit Agreement as amended and restated by this AgreementExcluded Swap Obligations.
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