Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (McLeodusa Inc), Credit Agreement (McLeodusa Inc), Credit Agreement (McLeodusa Inc)
Effect of Amendment. On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan provision of the Credit Agreement or any other Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This The parties hereto expressly acknowledge that it is not their intention that this Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and 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, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The modifications Credit Document, but rather constitute a modification thereof pursuant to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsterms contained herein. This Amendment shall constitute constitutes a “Loan Credit Document” for all purposes of the Credit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (WestRock Co), Credit Agreement (RBC Bearings INC)
Effect of Amendment. The waiver expressly included in Section 3 is a limited waiver and shall not be deemed or otherwise construed to constitute a waiver of any other Default or Event of Default or a consent to any other future breach of the Credit Agreement or any of the other Loan Documents. The Lenders hereby reserve their rights under the Loan Documents and applicable law in respect of such other Defaults or Events of Default and other future breaches. Except as expressly set forth herein, this Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent or any other Agent, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan DocumentDocument or be construed as a novation thereof. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply constitute a Loan Document for purposes of the Credit Agreement and be effective with respect only from and after the Amendment No. 1 Effective Date, all references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively Credit Agreement, shall, unless expressly provided otherwise, refer to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementamended by this Amendment.
Appears in 4 contracts
Samples: First Lien Term Loan Credit Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Repricing Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would beCredit Agreement as amended to give effect to the Repricing Amendments, and ison and after the IPO Amendment Effective Date, cured solely each such reference shall be deemed a reference to the Credit Agreement as a result of such retroactive modificationsamended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 4 contracts
Samples: Credit Agreement (Dex Media West LLC), Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media East LLC)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent DOE under the Credit Arrangement Agreement or any other Loan Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Arrangement Agreement or any other provision of the Arrangement Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower or any other Obligor 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 Arrangement Agreement or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the Amendment Effective Date, each reference in the Arrangement Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Arrangement Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Arrangement Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsmodified hereby. This Amendment shall be deemed an amendment to the Arrangement Agreement pursuant to Section 12.1 of the Arrangement Agreement and constitute a “Loan Document” for all purposes of the Credit AgreementArrangement Agreement and the other Loan Documents.
Appears in 3 contracts
Samples: Loan Arrangement and Reimbursement Agreement, Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc), Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent Agents under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the First Incremental Term Facility Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute an Incremental Facility Amendment entered into pursuant to Section 2.20 of the Credit Agreement and a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 3 contracts
Samples: First Incremental Term Facility Amendment (Endeavor Group Holdings, Inc.), First Incremental Term Facility Amendment (Endeavor Group Holdings, Inc.), Credit Agreement
Effect of Amendment. On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan provision of the Credit Agreement or any other Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This The parties hereto expressly acknowledge that it is not their intention that this Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and 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, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The modifications Credit Document, but rather constitute a modification thereof pursuant to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementterms contained herein.
Appears in 3 contracts
Samples: Amendment No. 1 (WestRock Co), Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)
Effect of Amendment. On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended or waived by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan provision of the Credit Agreement or any other Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This The parties hereto expressly acknowledge that it is not their intention that this Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and 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, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The modifications Credit Document, but rather constitute a modification thereof pursuant to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsterms contained herein. This Amendment shall constitute constitutes a “Loan Credit Document” for all purposes of the Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Existing Credit Agreement or any other Loan Document 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 Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Amended Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent Agents under the Credit Agreement or any other Senior Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Senior Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower any Loan Party 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 or any other Senior Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Senior Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Senior Loan Document, shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Senior Loan Document” for all purposes of the Credit AgreementAgreement and the other Senior Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment No. 4 shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders Lenders, the L/C Issuer, or the Administrative Agent Agents under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This The parties hereto expressly acknowledge that it is not their intention that this Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing herein shall be deemed to entitle the Borrower to a consent to, No. 4 or a waiver, amendment, modification or other change of, any of the terms, conditions, other Loan Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The modifications Document, but a modification thereof pursuant to the covenants effected by terms contained herein. As of the Amendment No. 4 Funding Date, each reference in the Credit Agreement to “this Amendment shall apply retroactively to the periods covered therebyAgreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the Lenders hereby waive any Default or Event of Default that may have arisen under other Loan Documents to the Credit Agreement (absent such retroactive modification) including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the extent, but only to the extent, that such Default or Event of Default would beCredit Agreement as amended hereby, and is, cured solely this Amendment No. 4 and the Credit Agreement shall be read together and construed as a result single instrument. Each of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes the table of contents and lists of Exhibits and Schedules of the Credit Agreement.Agreement shall be amended to reflect the changes made in this Amendment No. 4 as of the Amendment No. 4
Appears in 2 contracts
Samples: Amendment No. 4 (Platform Specialty Products Corp), Amendment No. 4
Effect of Amendment. On and after the Amendment No. 1 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, and each reference in each of the Loan Documents to “the Credit Agreement,” “thereunder,” “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by this Amendment. The Credit Agreement and each of the other Loan Documents, as supplemented by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment By executing and delivering a copy hereof, each applicable Loan Party hereby agrees and confirms that all Loans and Obligations shall apply be guaranteed and be effective with respect only secured pursuant to the matters expressly referred to herein, and 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Documents as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementprovided therein.
Appears in 2 contracts
Samples: First Lien Credit Agreement (OCM HoldCo, LLC), Credit Agreement (Commscope Inc)
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall apply not constitute a novation of the Credit Agreement and be effective with respect only the other Loan Documents as in effect prior to the matters expressly referred to herein, and nothing date hereof. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modificationand the other Loan Documents specifically referred to herein. For the avoidance of doubt, each Consenting Lender hereby waives any break funding payment that it would be entitled to receive pursuant to Section 2.14(e) to of the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as an existing Lender as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementthis Amendment.
Appears in 2 contracts
Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or of, the Administrative Agent, the Lenders, any other Agent and any of their respective Affiliates under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (FMC Corp), Credit Agreement (FMC Corp)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters Except as expressly referred to set forth herein, and nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances.
(b) From and after the Amendment No. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby3 Effective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only “Credit Amendment” in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Credit Agreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Tempur Sealy International, Inc.), Credit Agreement (Tempur Sealy International, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinherein or as amended in any Collateral Document Amendment, this Amendment and the Collateral Document Amendments shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Administrative Collateral Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower Borrowers 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
(c) The changes to the definition of “Applicable Rate” in Section 1.01 of the Credit Agreement effected pursuant to this Amendment shall apply and be effective on and after the Amendment Effective Date. The definition of “Applicable Rate” in Section 1.01 of the Credit Agreement (before giving effect to this Amendment) shall apply and be effective for the period ending on, but not including, the Amendment Effective Date.
Appears in 2 contracts
Samples: Credit Agreement (SunGard Shareholder Systems LLC), Credit Agreement (Sungard Data Systems Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the Second Amendment Effective Date, each reference in the Credit Agreement to the extent“this Agreement”, but only to the extent“hereunder”, that such Default “hereof”, “herein” or Event words of Default would belike import, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of each reference to the Credit Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the Credit Agreement, as amended hereby.
Appears in 2 contracts
Samples: Credit Agreement (General Communication Inc), Credit Agreement (Gci Inc)
Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent or any other Agent, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply constitute a Loan Document for purposes of the Credit Agreement and be effective with respect only from and after the Amendment No. 4 Effective Date, all references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively Credit Agreement, shall, unless expressly provided otherwise, refer to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such retroactive modification) Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementamended hereby.
Appears in 2 contracts
Samples: Credit Agreement (Univar Inc.), Credit Agreement (Burlington Stores, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent Parties under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the First Refinancing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of the Credit Agreement and a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/), Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/)
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modification) specifically referred to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsherein. This Amendment shall constitute a “Loan Document” for all purposes of . All representations and warranties made by any Borrower herein shall be deemed made under the Credit AgreementAgreement with the same force and effect as if set forth in full therein. On and after the First Amendment Effective Date, any reference to the Credit Agreement contained in the Loan Documents shall mean the Credit Agreement as modified hereby.
Appears in 2 contracts
Samples: Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Financial Services Group Inc/De), Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Life Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) From and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only “Credit Agreement” in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
(c) Each Loan Party party hereto hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party and (ii) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations (including, for the avoidance of doubt, all Obligations in respect of the Incremental Revolving Loans and Incremental Revolving Commitments made available hereunder) pursuant to the Guaranty.
Appears in 2 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (F&G Annuities & Life, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, Credit Agreement as amended and is, cured solely as a result of such retroactive modificationsrestated hereby. This Amendment shall constitute a “"Loan Document” " for all purposes of the Credit AgreementAgreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Samples: Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media East LLC)
Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Administrative Agent L/C Issuer, in each case under the Credit Agreement or any other Loan Document Credit Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan provision of either such agreement or any other Credit Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and 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 Each Credit Agreement or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen Party reaffirms its obligations under the Credit Agreement (absent such retroactive modification) Documents to which it is party and the validity of the Liens granted by it pursuant to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsCollateral Documents. This Amendment shall constitute a “Loan Document” Credit Document for all purposes of the Credit Agreement and from and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment (and to the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date and the Extended End Date, such references shall refer to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively).
Appears in 2 contracts
Samples: Credit Agreement (Live Nation, Inc.), Credit Agreement (Ticketmaster Entertainment, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Existing Credit Agreement or any other Loan Document 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 Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the First Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Amended Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Term Loan Credit Agreement (Fidelity National Financial, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof” or words of like import referring to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Freeport-McMoran Inc), Revolving Credit Agreement (Freeport-McMoran Inc)
Effect of Amendment. Except as expressly set forth hereinherein (including Exhibit A hereto), (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent or any other Agent, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply constitute a Loan Document for purposes of the Credit Agreement and be effective with respect only from and after the Amendment No. 1 Effective Date, all references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively Credit Agreement, shall, unless expressly provided otherwise, refer to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such retroactive modification) Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment and the Amended Credit Agreement shall not constitute a “Loan Document” for all purposes novation of the Credit AgreementAgreement or the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Cavium, Inc.)
Effect of Amendment. (a) On and after the Amendment No. 4 Effective Date, each reference in the Five-Year Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the Five-Year Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Banks under the Five-Year Credit Agreement or any other Loan Document Documents, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower Company 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 Five-Year Credit Agreement or any other Loan Document Documents in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and provisions of the Lenders hereby waive Five- Year Credit Agreement specifically referred to herein.
(b) Nothing herein will be deemed to reduce the obligations of any Default or Event of Default that may have arisen Subsidiary Guarantor under the Credit Agreement (absent such retroactive modification) to the extentSubsidiary Guarantee Agreement, but only to the extent, that such Default or Event of Default would be, which shall remain in full force and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementeffect.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Lenders, the L/C Issuer, the U.S. Swing Line Lenders, or the Administrative Agent Euro Swing Line Lenders under the Existing Credit Agreement or any other Loan Document Document, 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, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect in accordance with the provisions thereof. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 Existing Credit Agreement or any other Loan Document in similar or different circumstances. The modifications , except as expressly set forth herein.
(b) On and after the Second Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, shall refer to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, Amended Credit Agreement and the Lenders hereby waive any Default or Event of Default that may have arisen under term “Credit Agreement”, as used in each Loan Document, shall mean the Amended Credit Agreement Agreement.
(absent such retroactive modificationc) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Itt Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Third Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Amended Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Amended Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 Amended Credit Agreement or any other Loan Document in similar or different circumstances. The modifications .
(b) From and after the Third Amendment Effective Date, (i) each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered therebyAmended Credit Agreement, and the Lenders hereby waive (ii) each reference in any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) Loan Document to the extent“Term Lender”, but only “Term Loans”, “Lender” or “Loan” shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications2020 Refinancing Term Lenders. This Third Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents and shall be deemed to be a “Refinancing Amendment” as defined in the Amended Credit Agreement and (iii) each reference in any Loan Document to “Lead Arrangers” shall include the Lead Arrangers.
Appears in 1 contract
Effect of Amendment. 6.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply The Borrower, on behalf of itself and be effective with respect only each Guarantor, acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations, unimpaired, uninterrupted and undischarged, regardless of the matters expressly referred to herein, and nothing effectiveness of this Amendment. 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, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by Nothing in this Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement (absent such retroactive modification) or any other Loan Document.
6.2. On and after the Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Sixth Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by Nothing in this Sixth Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement or any other Loan Document.
(absent such retroactive modificationb) On and after the Sixth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Credit Agreement. This Sixth Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
Appears in 1 contract
Samples: Credit Agreement (M/I Homes, Inc.)
Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent or any other Agent, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply constitute a Loan Document for purposes of the Credit Agreement and be effective with respect only from and after the Amendment No. 10 Effective Date, all references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively Credit Agreement, shall, unless expressly provided otherwise, refer to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such retroactive modification) Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementamended hereby.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Incremental Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) From and after the covenants effected by this Tranche B-6 Incremental Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only “Credit Agreement” in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Incremental Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(c) This Incremental Amendment shall be deemed to be an “Incremental Facility Amendment” as defined in the Credit Agreement and shall, for the avoidance of doubt, have the effect assigned thereto in Section 2.01(i)(iii) of the Credit Agreement.
Appears in 1 contract
Effect of Amendment. (a) On and after the Amendment No. 3 Effective Date, each reference in the Five-Year Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the Five-Year Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Banks under the Five-Year Credit Agreement or any other Loan Document Documents, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower Company 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 Five-Year Credit Agreement or any other Loan Document Documents in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and provisions of the Lenders hereby waive Five-Year Credit Agreement specifically referred to herein.
(b) Nothing herein will be deemed to reduce the obligations of any Default or Event of Default that may have arisen Subsidiary Guarantor under the Credit Agreement (absent such retroactive modification) to the extentSubsidiary Guarantee Agreement, but only to the extent, that such Default or Event of Default would be, which shall remain in full force and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementeffect.
Appears in 1 contract
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Administrative Collateral Agent under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 or any other Loan Credit Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modification) specifically referred to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsherein. This Amendment shall constitute a “Loan Document” Credit Document for all purposes of the Credit Agreement as amended hereby and the other Credit Documents. All representations and warranties made by each Borrower herein shall be deemed made under the Credit Agreement with the same force and effect as if set forth in full therein. On and after the First Effective Date or the Second Effective Date, as applicable, any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Credit Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Credit Document, shall mean the Credit Agreement as modified hereby.
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply The Borrower, on behalf of itself and be effective with respect only each Subsidiary Guarantor, acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations, unimpaired, uninterrupted and undischarged, regardless of the matters expressly referred to herein, and nothing effectiveness of this Amendment. 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, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by Nothing in this Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement or any other Loan Document.
(absent such retroactive modificationb) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
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Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent or any other Agent, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply constitute a Loan Document for purposes of the Credit Agreement and be effective with respect only from and after the Amendment No. 6 Effective Date, all references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively Credit Agreement, shall, unless expressly provided otherwise, refer to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such retroactive modification) Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementamended hereby.
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Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and or remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered therebyprovisions of the Second Amendment and Waiver set forth herein. After the date hereof, any reference to the Second Amendment and Waiver shall mean the Second Amendment and Waiver as modified hereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under reference to the Credit Agreement shall mean the Credit Agreement, as amended by the Second Amendment and Waiver (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby). This Amendment shall constitute a “"Loan Document” " for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Samples: Amended and Restated Credit Agreement (Grupo Iusacell Sa De Cv)
Effect of Amendment. (a) On and after the Amendment No. 1 Effective Date, each reference in the 364-Day Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the 364-Day Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Banks under the 364-Day Credit Agreement or any other Loan Document Documents, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the 364-Day Credit Agreement or any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower Company 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 364-Day Credit Agreement or any other Loan Document Documents in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and provisions of the Lenders hereby waive 364-Day Credit Agreement specifically referred to herein.
(b) Nothing herein will be deemed to reduce the obligations of any Default or Event of Default that may have arisen Subsidiary Guarantor under the Credit Agreement (absent such retroactive modification) to the extentSubsidiary Guarantee Agreement, but only to the extent, that such Default or Event of Default would be, which shall remain in full force and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementeffect.
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Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This The Borrower and each Subsidiary Guarantor acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations (as such term is defined giving effect to this Amendment shall apply and be effective with respect only the amendment to the matters Guarantee and Collateral Agreement), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Other than as expressly referred to set forth herein, and 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by Nothing in this Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement or any other Loan Document.
(absent such retroactive modificationb) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement.amended
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Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders Lenders, the Administrative Agent or the Administrative Collateral Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of the Credit Agreement and a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
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Effect of Amendment. Except as expressly set forth herein, (i) this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent or any other Agent, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Agreement and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Term B-1 Increase Effective Date. This Agreement shall constitute a Loan Document for purposes of the Credit Agreement and from and after the Term B-1 Increase Effective Date, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement., shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. The Borrower hereby consents to this Agreement and confirms that all obligations of the Borrower under the Loan Documents to which it is a party shall continue to apply to the Amended Credit Agreement.
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Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Administrative Collateral Agent under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 or any other Loan Credit Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modification) specifically referred to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsherein. This Amendment shall constitute a “Loan Document” Credit Document for all purposes of the Credit Agreement as amended hereby and the other Credit Documents. All representations and warranties made by each Borrower herein shall be deemed made under the Credit Agreement with the same force and effect as if set forth in full therein. On and after the Effective Date, any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Credit Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Credit Document, shall mean the Credit Agreement as modified hereby.
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent or any other Agent, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply constitute a Loan Document for purposes of the Credit Agreement and be effective with respect only from and after the Amendment No. 7 Effective Date, all references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively Credit Agreement, shall, unless expressly provided otherwise, refer to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such retroactive modification) Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementamended hereby.
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Effect of Amendment. 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances.
7.2. The modifications to On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
7.3. Except as expressly provided herein or in the Credit Agreement, the Amended Term Loan Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Realogy Group LLC)
Effect of Amendment. 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances.
7.2. The modifications to On and after the covenants effected by this Fourth Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
7.3. Except as expressly provided herein or in the Credit Agreement, the Amended Term Loan Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
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Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Pre-Amendment Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Pre-Amendment Credit Agreement or any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower any Credit Party 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 Pre-Amendment Credit Agreement or any other Loan Credit Document in similar or different circumstances. The modifications .
(b) On and after the Amendment Effective Date, (i) each reference in the Pre-Amendment Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import shall be deemed to be a reference to the covenants effected by this Amendment shall apply retroactively Amended Credit Agreement, and (ii) each reference to the periods covered thereby“Credit Agreement”, “Second Lien Credit Agreement” and “Second Lien Agreement” in any other Credit Document, shall, unless the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) context otherwise requires, be deemed to be a reference to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Credit Agreement. This Amendment shall constitute a “Loan Credit Document” for all purposes of the Amended Credit AgreementAgreement and the other Credit Documents.
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Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Lenders, the Issuing Banks or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Third Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extentCredit Agreement in any other Loan Document, but only shall be deemed to be a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” and an “Incremental Term Facility Amendment” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
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Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the Amendment Effective Date, each reference in the Credit Agreement to the extent"this Agreement", but only to the extent"hereunder", that such Default "hereof', "herein" or Event words of Default would belike import, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of each reference to the Credit Agreement, "thereunder", "thereof', "therein" or words of like import in any other Loan Document, shall be deemed a reference to the Credit Agreement, as amended hereby.
Appears in 1 contract
Samples: Credit Agreement (Alaska Communications Systems Group Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof” or words of like import referring to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
(c) The Borrowers agree that they will not treat this Amendment as a significant modification within the meaning of Section 1.1001-3 of the United States Treasury Regulations.
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Effect of Amendment. (a) This Amendment constitutes the legal, valid and binding obligation of each Loan Party that is party hereto, enforceable against such Loan Party in accordance with its terms, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or equitable principles relating to enforceability.
(b) Except as expressly set forth hereinherein or in the Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement prior to giving effect to this Amendment or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications .
(c) Any reference to the covenants effected by Credit Agreement contained in any notice, request, certificate or other document executed concurrently with or after the execution and delivery of this Amendment shall apply retroactively be deemed to include this Amendment unless the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under context shall otherwise require. Reference in the Credit Agreement (absent such retroactive modification) or any other Loan Document to the extent, but only Credit Agreement shall be a reference to the extentCredit Agreement as amended hereby and as further amended, that such Default modified, restated, supplemented or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementextended from time to time.
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Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply not constitute a novation of the Credit Agreement or any of the Loan Documents or serve to effect a novation of the Obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain and be effective with respect only to the matters expressly referred to herein, continue in full force and nothing effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modification) and the other Loan Documents specifically referred to herein. On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Permitted Amendment” and a “Revolving Extension Agreement” and shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Consolidated Communications Holdings, Inc.)
Effect of Amendment. 5.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Amended Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower Company 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 Amended Credit Agreement or any other Loan Document in similar or different circumstances.
5.2. The modifications On and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the covenants effected by this Amendment Existing Credit Agreement in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Amended Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents.
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Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not not, by implication or otherwise otherwise, limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to not constitute a novation of the matters expressly referred to herein, and nothing Credit Agreement or any other Loan Document. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the Fifth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import, and each reference to the extent, but only to the extent, that such Default “Credit Agreement,” “thereunder,” “thereof,” “therein” or Event words of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “like import in any other Loan Document” for all purposes of , shall be deemed a reference to the Credit Agreement, as amended hereby.
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Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to , except as expressly set forth herein.
(b) From and after the covenants effected by this First Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only “Credit Agreement” in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modifications. amended hereby.
(c) This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this First Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders Banks or the Administrative Agent under the Credit Agreement or any other Loan Document (as defined in the 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 Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocument (as defined in the Credit Agreement), all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document (as defined in the Credit Agreement) in similar or different circumstances. The modifications to the covenants effected by Nothing in this First Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement or any other Loan Document (absent such retroactive modificationas defined in the Credit Agreement).
(b) On and after the Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Credit Agreement. This First Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Agents or the Administrative Agent any Lender under the Credit Agreement or any other Loan Document Documents, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only ; provided that any amendment of a provision pursuant to Article I hereof which is given effect as of a date prior to the matters expressly referred Amendment Effective Date shall be deemed a waiver of any noncompliance with such provision solely to herein, the extent that (i) such noncompliance arose prior to the date hereof and nothing (ii) such noncompliance would not have resulted had such provision been in effect as amended hereby as of the date of any event giving rise to such noncompliance. Nothing herein shall be deemed to entitle the Borrower any Loan Party 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 or any other Loan Document Documents in similar or different circumstances. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementFinancing Agreement and all references to the Financing Agreement in any Loan Document shall mean the Financing Agreement as amended hereby.
Appears in 1 contract
Samples: Financing Agreement (Milacron Inc)
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders any Agent or the Administrative Agent any Lender under the Credit Agreement or any other Loan Document Documents, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects respects, as amended hereby, and shall continue in full force and effect. This Amendment , as amended hereby, except that, on and after the Effective Date, each reference to the Credit Agreement in the Loan Documents shall apply mean and be effective with respect only a reference to the matters Credit Agreement as amended by this Amendment. Each Guarantor hereby confirms that it has reviewed this Amendment and hereby expressly referred consents to this Amendment and the transactions contemplated hereby and ratifies and affirms all of its obligations under the Loan Documents, including, without limitation, the guaranty in Section 2.1 of each of the U.S. Guarantee and Collateral Agreement and the Canadian Guarantee and Collateral Agreement, as applicable. Except as expressly set forth herein, and nothing herein shall be deemed to entitle the Borrower Borrowers 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 or any other Loan Document Documents in similar or different circumstances. The modifications This Amendment is a Loan Document executed pursuant to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to and shall be construed, administered and applied in accordance with the extent, but only to the extent, that such Default or Event of Default would be, terms and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementprovisions thereof.
Appears in 1 contract
Samples: Abl Credit Agreement (Veritiv Corp)
Effect of Amendment. Except as expressly set forth herein, this Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders ABL Claimholders, the Term Claimholders, the Initial ABL Agent, the Initial Term Agent or the Administrative Agent any other Claimholder or any other Agent, in each case, under the Credit Existing Intercreditor Agreement or any other ABL Loan Document or Term Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Existing Intercreditor Agreement or any other provision of either such agreement or any other ABL Loan Document or Term Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Intercreditor Agreement, or any other ABL Loan Document or Term Loan Document, all of which are is hereby ratified and affirmed reaffirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes under and as defined in each of the ABL Credit Agreement and the Term Loan Credit Agreement, and from and after the effectiveness of this Amendment, all references to the Intercreditor Agreement in any ABL Loan Document or Term Loan Document or words of like import referring to the Intercreditor Agreement, shall, unless expressly provided otherwise, refer to the Intercreditor Agreement as amended by this Amendment.
Appears in 1 contract
Samples: Term Loan and Security Agreement (DXP Enterprises Inc)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement prior to giving effect to this Amendment (the “Existing Credit Agreement”) or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 Existing Credit Agreement, the Credit Agreement or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended by this Amendment. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall apply not constitute a novation of the Credit Agreement and be effective with respect only the other Loan Documents as in effect prior to the matters expressly referred to herein, and nothing date hereof. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modification) and the other Loan Documents specifically referred to herein. For the extentavoidance of doubt, but only each Consenting Lender hereby waives any break funding payment that it would be entitled to receive pursuant to Section 2.15 of the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as an existing Lender as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementthis Amendment.
Appears in 1 contract
Samples: Credit Agreement (Office Depot Inc)
Effect of Amendment. Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Agreement and all other Credit Documents amended and/or executed and delivered in connection herewith shall apply and be effective with respect only not constitute a novation of the Credit Agreement or the other Credit Documents as in effect prior to the matters expressly referred to herein, and nothing date hereof. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Amended Credit Agreement or entitle the Borrower any Credit Party 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 Amended Credit Agreement or any other Loan Credit Document in similar or different circumstances. The modifications to Upon and after the covenants effected execution of this Agreement by each of the parties hereto, this Joinder and Amendment Agreement shall apply retroactively to the periods covered thereby, constitute a Credit Document and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to the extent“this Agreement”, but only “hereunder”, “hereof” or words of like import referring to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement, and each reference in the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified hereby.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the covenants effected by Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended hereby. Insofar as it provides for the Incremental Revolving Commitments, this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event constitute an Incremental Facility Agreement contemplated by Section 2.20(c) of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAgreement. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
(c) The Borrowers agree that they will not treat this Amendment as a significant modification within the meaning of Section 1.1001-3 of the United States Treasury Regulations.
Appears in 1 contract
Samples: Revolving Credit Agreement (Freeport McMoran Copper & Gold Inc)
Effect of Amendment. (a) Except as expressly set forth hereinherein or amended hereby, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent Agents under the Credit Agreement or any other Senior Loan Document Document, and shall not otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Senior Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower any Loan Party 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 or any other Senior Loan Document in similar or different circumstances. The modifications This Agreement shall apply to and be effective only with respect to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Senior Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the date hereof, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Senior Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended by this Agreement. This Amendment Agreement shall constitute a “Senior Loan Document” for all purposes of the Credit AgreementAgreement and the other Senior Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Rite Aid Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or of, the Administrative Agent, the Lenders, any other Agent and any of their respective Affiliates under the Credit Term Loan Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Term Loan Agreement or entitle the any 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 Term Loan Agreement or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered therebyprovisions of the Term Loan Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Second Amendment Effective Date, each reference in the Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) each reference to the extentTerm Loan Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentTerm Loan Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementTerm Loan Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Term Loan Agreement (FMC Corp)
Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent or any other Agent, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply constitute a Loan Document for purposes of the Credit Agreement and be effective with respect only from and after the Amendment No. 9 Effective Date, all references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively Credit Agreement, shall, unless expressly provided otherwise, refer to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such retroactive modification) Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementamended hereby.
Appears in 1 contract
Effect of Amendment. 5.1 Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply The Borrower, on behalf of itself and be effective with respect only each Guarantor, acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations, unimpaired, uninterrupted and undischarged, regardless of the matters expressly referred to herein, and nothing effectiveness of this Amendment. 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, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by Nothing in this Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement (absent such retroactive modification) or any other Loan Document.
5.2 On and after the Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or of, the Administrative Agent, the Lenders, any other Agent and any of their respective Affiliates under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents. SECTION 2.03.
Appears in 1 contract
Samples: Credit Agreement (FMC Corp)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the ARCA, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Term Loan Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement Loan Documents or any other provision of any Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 ARCA or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the ARCA Effective Date, each reference in the ARCA to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import shall be deemed a reference to the covenants effected by this Amendment shall apply retroactively ARCA, and each reference to the periods covered thereby, and “Credit Agreement” in each other Loan Document or Exhibit to the Lenders hereby waive any Default or Event of Default that may have arisen under the Existing Term Loan Credit Agreement (absent such retroactive modification) shall be deemed a reference to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsARCA. This Amendment and Restatement Agreement and the ARCA shall constitute a “Loan Document” for all purposes of the Credit AgreementARCA and the other Loan Documents.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Southwestern Energy Co)
Effect of Amendment. Except as expressly set forth herein, this All references in the other Credit Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to the Credit Agreement. This Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect extinguish the rights and remedies Obligations for the payment of the Lenders or the Administrative Agent money outstanding under the Existing Credit Agreement or discharge or release the Lien or priority of any Credit Document or any other Loan Document security therefor or any guarantee thereof, and shall not alter, modify, amend or the liens and security interests in any way affect any favor of the termsCollateral Agent for the benefit of the Secured Parties securing payment of the Obligations are in all respects continuing and in full force and effect with respect to all Obligations. Nothing herein contained shall be construed as a substitution or novation, conditionsor a payment and reborrowing, obligationsor a termination, covenants or agreements contained in of the Obligations outstanding under the Existing Credit Agreement or any other Loan Documentinstruments guaranteeing or securing the same, all of which are ratified and affirmed in all respects and shall continue remain in full force and effect, except as modified hereby. This Nothing expressed or implied in this Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing herein or any other document contemplated hereby shall be deemed to entitle construed as a release or other discharge of the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of under the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or the Borrower or any other Loan Credit Party under any Credit Document from any of its obligations and liabilities thereunder, and such obligations are in similar or different circumstancesall respects continuing with only the terms being modified as provided in this Amendment. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Existing Credit Agreement (absent such retroactive modification) to and each of the extentother Credit Documents shall remain in full force and effect, but only to the extent, that such Default or Event of Default would be, until and is, cured solely except as a result of such retroactive modificationsmodified hereby. This Amendment shall constitute a “Loan Document” Credit Document for all purposes of the Existing Credit Agreement and the Credit Agreement.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Las Vegas Sands Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Existing Credit Agreement or any other Loan Document Document, 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 Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 Existing Credit Agreement or any other Loan Document in similar or different circumstances. The modifications .
(b) From and after the Second Amendment Effective Date, (i) each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Existing Credit Agreement as amended hereby and (absent such retroactive modificationii) each reference in any Loan Document to the extent“Term Lenders”, but only “Initial Term Loans”, “Term Loans”, “Term Loan Commitments”, “Commitment” or “Term Facility” shall be deemed a reference to the extent2018 Refinancing Term Loan Lenders, that such Default or Event of Default would be2018 Refinancing Term Loans, and is2018 Refinancing Term Loan Commitments, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementapplicable.
Appears in 1 contract
Samples: First Lien Credit Agreement (Isos Acquisition Corp.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained [[3512647]] in the Credit Agreement or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
(c) For purposes of determining withholding Taxes imposed under FATCA, from and after the Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Effect of Amendment. On and after the execution and delivery hereof, as of the Effective Date, (i) this Amendment shall become a part of the Credit Agreement and (ii) each reference in the Credit Agreement and the other Loan Documents to “this Agreement”, or “hereof”, “hereunder” or words of like import, and each reference in any other document to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended or modified hereby. Each party hereto agrees and acknowledges that this Amendment constitutes a “Loan Document” under the Credit Agreement. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Agent or the Administrative Agent Lenders under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement.
Appears in 1 contract
Effect of Amendment. This Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the Credit Agreement, the Security Agreement or any other Loan Document or an accord and satisfaction in regard thereto. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Secured Parties, the Administrative Agent, the Collateral Agent or the Administrative Agent Borrower under the Credit Security Agreement or any other Loan Document and Document, and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Credit Security Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower any Person 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 Security Agreement or any other Loan Document in similar or different circumstances. The modifications This Amendment shall apply and be effective only with respect to the covenants effected provisions amended herein of the Security Agreement. Upon the effectiveness of this Amendment, each reference in the Security Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Security Agreement as amended by this Amendment and each reference in any other Loan Document shall apply retroactively to mean the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Security Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement.
Appears in 1 contract
Samples: Guarantee, Pledge and Security Agreement (Capitala Finance Corp.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters Other than as expressly referred to set forth herein, and nothing herein shall be deemed to entitle the Parent 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by Nothing in this Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement or any other Loan Document.
(absent such retroactive modificationb) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances.
7.2. The modifications to On and after the covenants effected by this Fifth Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
7.3. Except as expressly provided herein or in the Credit Agreement, the Amended Term Loan Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Realogy Group LLC)
Effect of Amendment. 12.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances.
12.2. The modifications to On and after the covenants effected by this Sixth Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
12.3. Except as expressly provided herein or in the Credit Agreement, the Amended Revolving Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Realogy Group LLC)
Effect of Amendment. Except as specifically ------------------- amended hereby, the Credit Agreement shall continue in full force and effect in accordance with the provisions thereof. As used therein, the terms "Agreement", "herein", "hereunder", "hereinafter", "hereto", "hereof", and words of similar import shall, unless the context otherwise requires, refer to the Credit Agreement as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modification) specifically referred to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementherein.
Appears in 1 contract
Samples: Credit Agreement (Danbury Pharmacal Puerto Rico Inc)
Effect of Amendment. Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Agreement and all other Credit Documents amended and/or executed and delivered in connection herewith shall apply and be effective with respect only not constitute a novation of the Credit Agreement or the other Credit Documents as in effect prior to the matters expressly referred to herein, and nothing date hereof. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Amended Credit Agreement or entitle the Borrower any Credit Party 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 Amended Credit Agreement or any other Loan Credit Document in similar or different circumstances. The modifications to Upon and after the covenants effected execution of this Agreement by each of the parties hereto, this Amendment Agreement shall apply retroactively to the periods covered thereby, constitute a Credit Document and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to the extent“this Agreement”, but only “hereunder”, “hereof” or words of like import referring to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement, and each reference in the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified hereby.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinin this Agreement or in the Existing Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Existing Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall apply and be effective with respect only continue to secure the matters expressly referred to hereinpayment of all Obligations of the Loan Parties under the Loan Documents, and nothing in each case, as amended by this Agreement. Nothing herein shall be deemed to entitle the Borrower Borrowers 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyFirst Incremental Effective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in (i) the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Existing Credit Agreement as a result of such retroactive modificationsmodified by this Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Samples: Incremental Assumption Agreement (Flutter Entertainment PLC)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Credit Amended Agreement or any other Loan Document Document, 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 Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower Company 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 Agreement or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the Fifth Restatement Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Agreement. This Amendment and Restatement Agreement shall constitute a “Loan Document” for all purposes of the Credit AgreementAmended Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Fifth Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Existing Credit Agreement or any other Loan Document 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 Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the Second Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Amended Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Fidelity National Financial, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent Agents under the Credit Amended Agreement or any other Loan Document Document, 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 Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower Company 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 Agreement or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the Seventh Restatement Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Agreement. This Amendment and Restatement Agreement shall constitute a “Loan Document” for all purposes of the Credit AgreementAmended Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Seventh Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)
Effect of Amendment. 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Administrative Collateral Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower or any Guarantor 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 or any other Loan Document in similar or different circumstances.
7.2. The modifications to On and after the covenants effected by this Fourth Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Credit Agreement. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
7.3. Except as expressly provided herein or in the Amended Credit Agreement, the Refinancing Term Facility and Refinancing Revolving Credit Facility shall be subject to the terms and provisions of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders any Agent, any Arranger, any Lender or the Administrative Agent any Issuing Bank under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower any Credit Party 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 or any other Loan Credit Document in similar or different circumstances. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” Credit Document for all purposes of the Amended Credit Agreement and the other Credit Documents. On and after the Amendment No. 4 Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference in any other Credit Document to the “Credit Agreement”, shall be deemed to be a reference to the Credit Agreement as amended hereby.
Appears in 1 contract
Effect of Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Lenders, the Issuing Lenders, the Issuing Agent, the Administrative Agent or the Administrative Collateral Agent under the Credit Agreement or any other Loan Document Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the any 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 or any other Loan Credit Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modification) and other Credit Documents specifically referred to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsherein. This Amendment shall constitute a “Loan Document” Credit Document for all purposes of the Credit Agreement as amended hereby and the other Credit Documents. All representations and warranties made by each Borrower herein shall be deemed made under the Credit Agreement with the same force and effect as if set forth in full therein. On and after the Second Amendment Effective Date, any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Credit Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Credit Document, shall mean the Credit Agreement as modified hereby.
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or of, the Administrative Agent, the Lenders, any other Agent and any of their respective Affiliates under the Credit Term Loan Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Term Loan Agreement or entitle the any 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 Term Loan Agreement or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered therebyprovisions of the Term Loan Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Third Amendment Effective Date, each reference in the Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) each reference to the extentTerm Loan Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentTerm Loan Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementTerm Loan Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Term Loan Agreement (FMC Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Issuing Banks or the Administrative Agent Lenders under the Credit Agreement or any of the other Loan Document Documents, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any of the other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any of the other Loan Document Documents in similar or different circumstances. The modifications .
(b) On and after the Amendment Effective Date, any reference to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) in any Loan Document shall be deemed to be a reference to the extentCredit Agreement as amended by this Amendment. On and after the time the Guarantee and Pledge Agreement (as defined in the Credit Agreement prior to giving effect to this Amendment) is amended and restated in the form of the Guarantee and Collateral Agreement set forth in Exhibit C-1 hereto pursuant to Section 2 of this Amendment, but only any reference to the extent, that such Default or Event of Default would be, “Guarantee and is, cured solely as Pledge Agreement” in any Loan Document shall be deemed to be a result of such retroactive modifications. reference to the Guarantee and Collateral Agreement.
(c) This Amendment and the Guarantee and Collateral Agreement shall constitute a “Loan Document” Documents for all purposes of the Credit AgreementAgreement and each other Loan Document.
Appears in 1 contract
Samples: Credit Agreement (NCR Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Lenders, the Issuing Banks or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extentCredit Agreement in any other Loan Document, but only shall be deemed to be a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” and an “Incremental Term Facility Amendment” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment and the Acknowledgment and Confirmation shall each constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Except as expressly provided herein or in the Credit Agreement, the Amended Revolving Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Realogy Group LLC)
Effect of Amendment. Except All terms of the Credit Agreement, as expressly set forth hereinamended hereby, and the other Loan Documents shall be and remain in full force and effect and shall constitute the legal, valid, binding and enforceable obligations of the Loan Parties to the Lender Group and the Bank Product Providers. The execution, delivery and effectiveness of this Amendment shall not by implication or otherwise limitnot, impairexcept as expressly provided herein, constitute operate as a waiver ofof any right, amend, power or otherwise affect the rights and remedies remedy of the Lenders Lender Group or the Administrative Agent Bank Product Providers under the Credit Agreement or any other Loan Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all nor constitute a waiver of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any provision of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this Amendment shall apply retroactively to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsDocument. This Amendment shall not extinguish the Obligations outstanding prior to the Amendment Effective Date. Except as expressly provided herein, nothing implied in this Amendment or in any other document contemplated hereby shall be construed as a release or other discharge of any of the Loan Parties from the Loan Documents. This Amendment shall
constitute a “Loan Document” Document for all purposes of the Credit Agreement and from and after the Amendment Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment.
Appears in 1 contract
Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, Collateral Agent, any other Agent or the Administrative Agent Issuing Bank, in each case under the Credit Agreement or any other Loan Document Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. This Amendment shall apply constitute a Loan Document for purposes of the Credit Agreement and be effective with respect only from and after the Amendment No. 2 Effective Date, all references to the matters expressly referred to herein, Credit Agreement in any Loan Document and 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 all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or any other Loan Document in similar or different circumstances. The modifications words of like import referring to the covenants effected by this Amendment shall apply retroactively Credit Agreement, shall, unless expressly provided otherwise, refer to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Credit Agreement (absent such retroactive modification) as amended by this Amendment. Each of the Borrower and Intermediate Holdings hereby consents to this Amendment and confirms that all obligations thereof under the Loan Documents shall continue to apply to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modifications. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreementamended hereby.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Fourth Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by Nothing in this Fourth Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement or any other Loan Document.
(absent such retroactive modificationb) On and after the Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Credit Agreement. This Fourth Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
Appears in 1 contract
Samples: Credit Agreement (M/I Homes, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders Lenders, the LC Issuer or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or the Credit Agreement as amended hereby or entitle the Borrower any Loan Party 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, the Credit Agreement as amended hereby or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement (absent such retroactive modification) specifically referred to herein. After the First Effective Date or the Second Effective Date, as applicable, any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement shall mean the Credit Agreement as a result of such retroactive modificationsmodified hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement as amended hereby and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Alaska Communications Systems Group Inc)
Effect of Amendment. 5.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances.
5.2. The modifications to On and after the covenants effected by this Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely Credit Agreement as a result of such retroactive modificationsamended hereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
5.3. Each of the Term A-1 Lenders, upon such Term A-1 Lender’s execution of this Amendment, shall become a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or Lenders, the Administrative Agent, the Collateral Agent or any other Agent/Arranger Parties under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This effect (it being understood and agreed that all interest and fees accruing under the Credit Agreement in respect of periods prior to the Pricing Amendment shall apply Effective Date will accrue at the rates specified in the Credit Agreement prior to it being amended by the Pricing Amendment and be effective with respect only to payable at the matters expressly referred to herein, and nothing times provided in the Credit Agreement). Nothing herein shall be deemed to entitle the Borrower any Loan Party 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 or any other Loan Document in similar or different circumstances. The modifications to .
(b) On and after the covenants effected by this First Amendment shall apply retroactively to the periods covered therebyEffective Date, and the Lenders hereby waive any Default or Event of Default that may have arisen under each reference in the Credit Agreement (absent such retroactive modification) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed to be a reference to the extentCredit Agreement as amended hereby (subject to, that such Default or Event in the case of Default would bethe Pricing Amendment, and is, cured solely as a result the provisions of such retroactive modificationsSection 7(c) hereof). This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Healthsouth Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Second Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by Nothing in this Second Amendment shall apply retroactively be deemed to the periods covered thereby, and the Lenders hereby waive be a novation of any Default or Event of Default that may have arisen obligations under the Credit Agreement or any other Loan Document.
(absent such retroactive modificationb) On and after the Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the extent, but only Credit Agreement in any other Loan Document shall be deemed a reference to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAmended Credit Agreement. This Second Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
Appears in 1 contract
Samples: Credit Agreement (M I Homes Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, amend, of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document 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 Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing 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 Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances. The modifications .
(b) On and after the Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the covenants effected by this Amendment “Credit Agreement” in any other Loan Document shall apply retroactively be deemed a reference to the periods covered thereby, and the Lenders hereby waive any Default or Event of Default that may have arisen under the Amended Credit Agreement (absent such retroactive modification) to the extent, but only to the extent, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Nasdaq, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not not, by implication or otherwise otherwise, limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained set forth in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to not constitute a novation of the matters expressly referred to herein, and nothing Credit Agreement or any other Loan Document. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained set forth in the Credit Agreement or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the Seventh Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import, and each reference to the extent“Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import in any other Loan Document, but only shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Gci Liberty, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, amend, or otherwise affect the rights and remedies of the Lenders or of, the Administrative Agent, the Lenders, any other Agent and any of their respective Affiliates under the Credit Agreement or any other Loan Document Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall apply and be effective with respect only to the matters expressly referred to herein, and nothing Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any 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 or any other Loan Document in similar or different circumstances. The modifications to the covenants effected by this This Amendment shall apply retroactively to and be effective only with respect to the periods covered thereby, and the Lenders hereby waive any Default or Event provisions of Default that may have arisen under the Credit Agreement and the other Loan Documents specifically referred to herein.
(absent such retroactive modificationb) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the extentCredit Agreement, but only “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the extentCredit Agreement, that such Default or Event of Default would be, and is, cured solely as a result of such retroactive modificationsamended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit AgreementAgreement and the other Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (FMC Corp)