Common use of Effect of Amendment Clause in Contracts

Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other 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 provision of either such agreement or any other Credit Document. Each and every term, 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. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for 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

Sources: Credit Agreement (Live Nation, Inc.), Credit Agreement (Ticketmaster Entertainment, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agent under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) On and after the Amendment Effective Date, all references each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any Credit other 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 shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement 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 (and to the extent provided in Section 3(Aor portions thereof) and 3(B), from on and after the Scheduled End Date and Amendment Effective Date. Any interest, fees or other amounts accruing on the Extended End Date, such references shall refer basis of the Applicable Rate during periods (or portions thereof) prior to the Credit Agreement as amended by Amendment Effective Date will accrue on the 50% Pricing Amendments and basis of the Full Pricing Amendments, respectively)Applicable Rate in effect for such periods prior to the Amendment Effective Date.

Appears in 2 contracts

Sources: Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media East LLC)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Lenders, any other Agent or the L/C Issuer, in each case and any of their respective Affiliates under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Documents Agreement or entitle any Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsCredit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 2 contracts

Sources: Credit Agreement (FMC Corp), Credit Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agent under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Documents Agreement or entitle any Loan Party to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsCredit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer as amended hereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.14 of 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 a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Loan Documents.

Appears in 2 contracts

Sources: Credit Agreement (General Communication Inc), Credit Agreement (Gci Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agent Parties under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Documents Agreement or entitle any Loan Party to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsCredit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the First Refinancing Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer as amended hereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of 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 a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Loan Documents.

Appears in 2 contracts

Sources: Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/), Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders, the Administrative Agent, Agent or the Collateral Agent or the L/C Issuer, in each case under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Documents Agreement or entitle any Loan Party to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsCredit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Existing Credit Agreement and from the other Loan Documents specifically referred to herein (including Exhibit A hereto). (b) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Existing Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 2 contracts

Sources: Third Amendment (Broadcom LTD), Second Amendment (Broadcom Cayman L.P.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case Lenders under the Credit Agreement, the Guarantee and Collateral Agreement or any other Credit 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 Agreement, the Guarantee and Collateral Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Nothing herein shall be deemed to entitle any Loan Party reaffirms its obligations under 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 Documents Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply and be effective only with respect to which it is party the provisions of the Credit Agreement and the validity of the Liens granted by it pursuant Guarantee and Collateral Agreement specifically referred to the Collateral Documentsherein. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Document for purposes Agreement, the Guarantee and Collateral Agreement and the other Loan Documents. (b) On and after the First Amendment Effective Date, each reference in each of the Credit Agreement and from the Guarantee and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references in the Credit Collateral Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreementimport, shall, unless expressly provided otherwise, refer and each reference to the Credit Agreement as amended by this Amendment (or the Guarantee and to the extent provided Collateral Agreement in Section 3(A) and 3(B)any other Loan Document, from and after the Scheduled End Date and the Extended End Date, such references shall refer be deemed a reference to the Credit Agreement (as amended by hereby) or the 50% Pricing Amendments Guarantee and the Full Pricing Amendments, respectivelyCollateral Agreement (as amended hereby).

Appears in 2 contracts

Sources: Second Lien Credit Agreement (Sunterra Corp), First Lien Credit Agreement (Sunterra Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, Agent or the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Nothing herein shall be deemed to entitle Holdings or the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Party reaffirms its obligations Agreement or any other Loan Document in similar or different circumstances. (b) On the First Amendment Effective Date, the Credit Agreement shall be amended as provided herein. The parties hereto acknowledge and agree that (i) this Amendment and any other Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Loan Documents) under the Credit Agreement as in effect prior to the First Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent provided in this Amendment; and (iii) the Liens and security interests as granted under the Security Documents to which it is party securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the validity payments of the Liens granted by it pursuant to the Collateral Documents. “Obligations”. (c) This Amendment shall constitute a Credit Loan Document for purposes and shall be administered and construed pursuant to the terms of the Credit Agreement and from and after the Amendment Effective Date(including, all references to the Credit Agreement in any Credit Document and all references in the Credit Agreement to “this Agreement”without limitation, “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, respectivelyArticle IX thereof).

Appears in 2 contracts

Sources: Credit Agreement (True Temper Sports Inc), Credit Agreement (True Temper Sports Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein or as amended in any Collateral Document Amendment, (i) this Amendment and the Collateral Document Amendments shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, Agent or the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrowers to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement 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 to the extent provided in Section 3(A) and 3(B), from be effective on and after the Scheduled End Date and the Extended End Amendment Effective Date, such references shall refer to . The definition of “Applicable Rate” in Section 1.01 of the Credit Agreement as amended by (before giving effect to this Amendment) shall apply and be effective for the 50% Pricing Amendments and period ending on, but not including, the Full Pricing Amendments, respectively)Amendment Effective Date.

Appears in 2 contracts

Sources: Credit Agreement (Sungard Data Systems Inc), Credit Agreement (SunGard Shareholder Systems LLC)

Effect of Amendment. Except The parties hereto agree as expressly set forth herein, follows: (ia) this This Amendment shall not by implication constitute an amendment or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies consent to any provision of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Existing Credit Agreement or any other Credit Document, Loan Document not expressly referred to herein and (ii) shall not alterbe construed as an amendment, modifywaiver or consent to any action on the part of a Borrower that would require an amendment, amend waiver or in any way affect consent of the Administrative Agent or the Lenders under any of the termsLoan Documents except as expressly stated herein. Except as expressly amended hereby, conditions, obligations, covenants or agreements contained in the provisions of the Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby ratified and re-affirmed in all respects Loan Documents shall remain unchanged and shall continue to be, and shall remain, in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from effect in accordance with their respective terms. (b) On and after the Second Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein,” or words of like import referring import, and each reference to the Existing Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended by this Amendment (and hereby. This Amendment, executed pursuant to the extent provided in Section 3(A) and 3(B)Existing Credit Agreement, from and after shall constitute a “Loan Document” for all purposes of the Scheduled End Date Existing Credit Agreement and the Extended End Dateother Loan Documents and shall be construed, such references shall refer to administered and applied in accordance with all of the terms and provisions of the Credit Agreement as amended by the 50% Pricing Amendments Agreement. (c) This Amendment constitutes a Revolving Increase Amendment, and the Full Pricing Amendments, respectively)Second Amendment Effective Date shall be a Revolving Increase Closing Date for the purposes of Section 2.20 of the Existing Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (Seagate Technology PLC)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each The parties hereto acknowledge and agree that the amendment of the Existing Credit Party reaffirms its obligations under Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Existing Credit Documents to which it is party Agreement and the validity other Loan Documents as in effect prior to the Fourth Amendment Effective Date or the Fourth Amendment Operative Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Liens granted by it pursuant Existing Credit Agreement or the Amended Credit Agreement or entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Existing Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Fourth Amendment Effective Operative Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Existing Credit Agreement, “thereunder”, “thereof”, “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” for all purposes of the Amended 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)other Loan Documents.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Vacasa, Inc.), Revolving Credit Agreement (Vacasa, 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuerany other Agent, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Credit Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Loan Document for purposes of the Credit Agreement and from and after the Amendment No. 2 Effective Date, all references to the Credit Agreement in any Credit 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. Each of the Loan Parties hereby consents to this Amendment (and confirms that all obligations of such Loan Party under the Loan Documents to the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date and the Extended End Date, which such references Loan Party is a party shall refer continue to apply to the Credit Agreement as amended by hereby. The parties hereto acknowledge and agree that the 50% Pricing Amendments amendment of the Credit Agreement pursuant to this Amendment 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 Full Pricing Amendments, respectively)other Loan Documents as in effect prior to the Amendment No. 2 Effective Date.

Appears in 2 contracts

Sources: First Lien Credit Agreement (McAfee Corp.), Second Lien Credit Agreement (McAfee Corp.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) From and after the Second Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer ” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by this Amendment hereby, (and ii) each reference in any Loan Document to the extent provided “Term A Lender”, “Term A Loans” or “Term A Facility” shall be deemed a reference to the New Term A Lenders, New Term A Loans or the facility made available in Section 3(Arespect of the New Term A Loans, as applicable and (iii) and 3(B)each reference in any Loan Document to “Revolving Credit Commitments” or “Revolving Credit Lender” or “Revolving Credit Facility” shall be deemed a reference to the New Revolving Credit Commitments, from and after New Revolving Credit Lenders, or the Scheduled End Date and revolving credit facility made available in respect of the Extended End DateNew Revolving Credit Commitments, such references as applicable. This Amendment shall refer to constitute a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendmentsother Loan Documents and shall be deemed to be a “Refinancing Amendment” and a “Commitment Increase and Joinder Agreement”, respectivelyeach as defined in the Credit Agreement. (c) Each Loan Party 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, (ii) ratifies and reaffirms each grant of a lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents (including, for the avoidance of doubt, all Obligations in respect of the New Term A Loans and New Revolving Credit Commitments made available hereunder)., subject to the terms thereof and (iii) 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 New Term A Loans and New Revolving Credit Commitments made available hereunder) pursuant to the Guaranty

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Fidelity National Financial, Inc.), Credit and Guaranty Agreement (Black Knight Financial Services, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Lenders, any other Agent or the L/C Issuer, in each case and any of their respective Affiliates under the Credit Term Loan Agreement or any other Credit 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 Term Loan Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the Credit Documents to which it is party and the validity provisions of the Liens granted by it pursuant Term Loan Agreement or entitle any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in the Term Loan Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Term Loan Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Term Loan Agreement, “thereunder”, “thereof”, “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Credit Term Loan Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this hereby. This Amendment (and to shall constitute a “Loan Document” for all purposes of the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date Term Loan Agreement 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)other Loan Documents.

Appears in 2 contracts

Sources: Term Loan Agreement (FMC Corp), Term Loan Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Lenders, any other Agent or the L/C Issuer, in each case and any of their respective Affiliates under the Credit Term Loan Agreement or any other Credit 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 Term Loan Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the Credit Documents to which it is party and the validity provisions of the Liens granted by it pursuant Term Loan Agreement or entitle any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in the Term Loan Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Term Loan Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Term Loan Agreement, “thereunder”, “thereof”, “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Credit Term Loan Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this hereby. This Amendment (and to shall constitute a “Loan Document” for all purposes of the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date Term Loan Agreement 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)other Loan Documents. SECTION 2.03.

Appears in 2 contracts

Sources: Term Loan Agreement (FMC Corp), Term Loan Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each 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 Party reaffirms Agreement or any other Loan Document in similar or different circumstances. (b) On the terms and subject to the conditions set forth herein, effective as of the Amendment Effective Date, for all purposes of the Loan Documents, (i) the Extended Commitments shall constitute “Commitments”, (ii) each Extended Revolving Loan shall constitute a “Revolving Loan” and a “Loan” and (iii) each Extending Revolving Lender and Replacement Lender shall, in respect of its Extended Revolving Credit Commitments, be a “Consenting Lender” and a “Lender” and shall have all the rights and obligations of a Lender holding a Commitment under the Credit Documents Agreement. Except to which it is party the extent provided in Section 3 hereof, the terms and the validity conditions of the Liens granted by it pursuant Extended Commitments shall be identical to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes those of the Credit Agreement and from Existing Commitments. (c) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by hereby. Insofar as it provides for the extension of the Maturity Date applicable to the Existing Commitments and Existing Revolving Loans, this Amendment shall be deemed to be a “Maturity Date Extension Request” for all purposes of the Credit Agreement and the other Loan Documents and shall constitute an amendment permitted under Section 2.21(f) of the Credit Agreement. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (d) Each of the parties to this Amendment hereby acknowledges and agrees that on the Amendment Effective Date, each Lender (or affiliate of such Lender, as applicable) immediately prior to such effectiveness will automatically and without further act be deemed to have assigned or to have assumed, as the case may be, Commitments under the Credit Agreement and participations under the Credit Agreement in outstanding Letters of Credit such that, after giving effect to the extent provided effectiveness of this Amendment and each such deemed assignment and assumption of Commitments and participations, the percentage of the aggregate outstanding (A) Commitments under the Credit Agreement and (B) participations under the Credit Agreement in Section 3(ALetters of Credit held by each Lender (or affiliate of such Lender, as applicable) and 3(B)will equal such Lender’s (or such affiliate’s) pro rata share of the aggregate amount of Commitments as set forth on Schedule 2.01 hereto. (e) For purposes of determining withholding Taxes imposed under FATCA, from and after the Scheduled End Date Amendment Effective Date, the Borrower and the Extended End Date, such references Administrative Agent shall refer treat (and the Lenders hereby authorize the Administrative Agent to treat) the Credit Agreement as amended by not qualifying as a “grandfathered obligation” within the 50% Pricing Amendments and the Full Pricing Amendments, respectivelymeaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Sources: Credit Agreement (Newmont Mining Corp /De/)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment shall apply to and be effective only with respect to the provisions of the Credit DocumentAgreement and the other Loan Documents specifically referred to herein. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party The Borrower reaffirms its obligations under the Credit Loan Documents to which it is a party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from . (b) On and after the Second Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import, and each reference to the Credit Agreement, “hereunder”, thereunder,” hereofthereof,” “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Gentiva Health Services Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment No. 3 shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agent under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment No. 3 shall apply to and be effective only with respect to the provisions of the Credit DocumentAgreement and the other Loan Documents specifically referred to herein. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party The Borrower reaffirms its obligations under the Credit Loan Documents to which it is a party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from . (b) On and after the Amendment No. 3 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import, and each reference to the Credit Agreement, “hereunder”, thereunder,” hereofthereof,” “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment No. 3 shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Brocade Communications Systems Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Lenders, any other Agent or the L/C Issuer, in each case and any of their respective Affiliates under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Documents Agreement or entitle any Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsCredit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth hereinin this Incremental Amendment (Term A-1 Loan) or in the Credit Agreement, this Incremental Amendment (iTerm A-1 Loan) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case any party under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Without limiting the Credit Documents to which it is party and the validity generality of the Liens granted by it foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties pursuant to the Collateral Documentsterms set forth therein (including all Obligations incurred pursuant to this Incremental Amendment (Term A-1 Loan)), in each case, as amended by this Incremental Amendment (Term A-1 Loan). This Amendment Nothing herein shall constitute be deemed to entitle the US Borrower to consent to, or a Credit Document for purposes waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (a) On and after the Amendment Incremental Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this AgreementIncremental Amendment (Term A-1 Loan)”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit AgreementAgreement in any other Loan Document, shall, unless expressly provided otherwise, refer shall be deemed a reference to the Credit Agreement as amended modified by this Incremental Amendment (and to the extent provided in Section 3(ATerm A-1 Loan). This Incremental Amendment (Term A-1 Loan) and 3(B), from and after the Scheduled End Date and the Extended End Date, such references shall refer to constitute a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Loan Documents.

Appears in 1 contract

Sources: Incremental Amendment (Term a 1 Loan) (Colfax CORP)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Issuing Banks or the L/C Issuer, in each case Lenders under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement which, as amended, supplemented or any other Credit Document. Each and every termotherwise modified hereby, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Nothing herein shall be deemed to entitle any Loan Party reaffirms its obligations under the Credit Documents to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Existing Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) From and after the Amendment Restatement Effective Date, all references to the Credit Agreement in any Credit Document and all references Date (as defined in the Amended Credit Agreement to Agreement), the terms “Agreement”, “this Agreement”, “hereunderherein”, “hereinafter”, “hereto”, “hereof” or and words of like import referring to similar import, as used (i) in the Amended Credit Agreement, shall, unless expressly provided otherwisethe context otherwise requires, refer to the Existing Credit Agreement as amended by this Amendment (and to the extent provided in Section 3(A) and 3(B)Agreement, from and after the Scheduled End Date and the Extended End Dateterm “Credit Agreement”, such references as used in any Loan Document, shall mean the Amended Credit Agreement and (ii) in the Restated Guarantee Agreement, shall, unless the context otherwise requires, refer to the Credit Guarantee Agreement as amended by and restated in the 50% Pricing Amendments form of the Restated Guarantee Agreement, and the Full Pricing Amendmentsterm “Collateral and Guarantee Agreement” or “Guarantee Agreement”, respectively)as used in any Loan Document, shall be deemed to be a reference to the Restated Guarantee Agreement. This Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Fourth Amendment Agreement (TPG Partners, LLC)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Existing Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) From and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references (i) each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement” in any other Loan Document, shall, unless expressly provided otherwise, refer shall be deemed a reference to the Amended Credit Agreement and (ii) each reference in any Loan Document to the “Term Lenders”, “Term Loans”, “Term Loan Commitments” or “Term Facility” shall be deemed to include the 2025 Incremental Bridge Term Loan Lenders, 2025 Incremental Bridge Term Loans and 2025 Incremental Bridge Term Loan Commitments, as amended by applicable. (c) This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents and shall be deemed to be an “Incremental Facility Amendment” as defined in the Amended Credit Agreement. (d) Each party hereto acknowledges that this Amendment constitutes all notices or requests required under Section 2.22 and/or Section 9.02 of the Existing Credit Agreement. (and to e) This Amendment shall not constitute a novation of 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 Existing Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)or any other Loan Document.

Appears in 1 contract

Sources: First Lien Credit Agreement (Lucky Strike Entertainment Corp)

Effect of Amendment. Except as expressly set forth hereinin this Agreement or in the Amended Credit Agreement, (i) this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case Agents under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or of any other Credit Loan Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the applicable Loan Parties under the Credit Documents Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to which it is party and entitle the validity Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Existing Credit Agreement and from or any other Loan Document in similar or different circumstances. On and after the Amendment Colossus Incremental B-8 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement” in any other Loan Document, shallin each case shall be deemed a reference to the Amended Credit Agreement. This Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. The parties hereto confirm that no novation of any kind has occurred as a result of, unless expressly provided or in connection with, this Agreement or 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, any such references shall refer to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)novation being hereby expressly disclaimed.

Appears in 1 contract

Sources: Incremental Joinder Agreement (SS&C Technologies Holdings 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Trustee or any other Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit DocumentLoan Document and the rights, protections and indemnities afforded the Administrative Agent, the Collateral Trustee or any other Agents under the Loan Documents shall apply to the execution hereof and the transactions contemplated hereunder 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 Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Loan Party reaffirms its obligations under the Credit Loan Documents to which it is party and the validity of the guarantees and Liens granted by it pursuant to the Collateral DocumentsSecurity Documents (including, without limitation, with respect to the Tranche B-1 Dollar Term Loans). This Amendment shall constitute a Credit Loan Document for purposes of the Amended Credit Agreement and and, from and after the Amendment No. 1 Effective Date, (x) all references to the Credit Agreement or Amended Credit Agreement in any Credit Loan Document and all references in the Credit Agreement or Amended 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 Amended Credit Agreement and (y) all references to any other Loan Document amended hereby in any Loan Document and all references in such Loan Document to “this Agreement”, “hereunder”, “hereof” or words of like import referring to such Loan Document, shall, unless expressly provided otherwise, refer to such Loan Document as amended by this Amendment Amendment. Each of the Loan Parties hereby (and i) consents to this Amendment, (ii) confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the extent provided in Section 3(AAmended Credit Agreement and (iii) agrees that all security interests and 3(Bguarantees granted by it pursuant to any Loan Document shall secure and extend to the Obligations (including, without limitation, with respect to the Tranche B-1 Dollar Term Loans). This Amendment shall not constitute a novation of the Credit Agreement, from any of the Loan Documents or any of the obligations thereunder. The undersigned Required Lenders hereby consent to the execution of this Amendment and after direct the Scheduled End Date Collateral Trustee and the Extended End Date, such references shall refer Administrative Agent to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)execute this Amendment.

Appears in 1 contract

Sources: Credit Agreement (Jazz Pharmaceuticals PLC)

Effect of Amendment. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement (as amended hereby) or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party The Borrower reaffirms its obligations under the Credit Loan Documents to which it is party (as amended hereby), and the validity of the Liens granted by it pursuant to the Collateral Documentsit. This Amendment shall constitute a Credit Loan Document for purposes of the Credit Agreement and from and after the Amendment No. 1 Effective Date, all references to the Credit Agreement in any Credit 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. The Borrower hereby consents to this Amendment (and confirms that all its obligations under the Loan Documents 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 which it is a party shall refer continue to apply to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)hereby.

Appears in 1 contract

Sources: Credit Agreement (Nasdaq, 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 of, or otherwise affect the rights and remedies of the Lenders, the Issuing Bank, the Administrative Agent, the Collateral Agent Agent, the Borrower or the L/C Issuer, in each case Subsidiary Guarantor under the Existing Credit Agreement or any other Credit Loan Document, and (ii) 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents Nothing herein shall be deemed to which it is party and the validity entitle any Person to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsExisting Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply and be effective only with respect to the provisions amended herein of the Existing Credit Agreement and from and after Agreement. Upon the Amendment Effective Dateeffectiveness of this Amendment, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein” or words of like similar import referring shall mean and be a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Existing Credit Agreement as amended by this Amendment (and to each reference in any other Loan Document shall mean 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 Existing Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)hereby. This Amendment shall constitute a Loan Document.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Barings BDC, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the LendersLenders or the Administrative Agent under the Amended Credit Agreement, the Administrative Agent, the Amended Guarantee and Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit Loan Document, and (ii) 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 Agreement, the Amended Guarantee and Collateral Amendment or any other provision of either such agreement the Credit Agreement, the Amended Guarantee and Collateral Amendment or of any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Except as expressly set forth herein, nothing herein shall be deemed to be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Documents to which it is party Agreement, the Amended Guarantee and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit or any other Loan Document for purposes of the Credit Agreement and from in similar or different circumstances. (b) From and after the Amendment No. 1 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this AgreementAmendment”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the “Credit Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Tempur Sealy International, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under The parties hereto acknowledge and agree that the amendment of the Credit Documents to which it is party and the validity of the Liens granted by it Agreement pursuant to the Collateral Documents. This this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a Credit Document for purposes novation of the Credit Agreement and from the other Loan Documents as in effect prior to the Second Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Second Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Amended 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 referring in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Vacasa, Inc.)

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, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit 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 Agreement prior to giving effect to this Amendment or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from and after the Amendment Effective Date, all references or any other Loan Document in similar or different circumstances. (c) Any reference to the Credit Agreement contained in any Credit Document notice, request, certificate or other document executed concurrently with or after the execution and all references delivery of this Amendment shall be deemed to include this Amendment unless the context shall otherwise require. Reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring any other Loan Document to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement shall be a reference to the Credit Agreement as amended by this Amendment (hereby and as further amended, modified, restated, supplemented or extended from time 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)time.

Appears in 1 contract

Sources: Revolving Credit Agreement (Spansion Inc.)

Effect of Amendment. Except as expressly set forth herein, (i) this Fourth Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, Agent or the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effecteffect (in each case as amended hereby). Each Credit Party reaffirms its obligations under Except to the Credit Documents to which it is party and the validity extent contemplated by Section 2.17 of the Liens granted by it pursuant As-Amended Credit Agreement, nothing herein shall be deemed to entitle the Collateral Documents. This Amendment shall constitute Borrower to a Credit Document for purposes further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. Upon and after the Fourth Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shalland each reference in the other Loan Documents to “the Credit Agreement”, unless expressly provided otherwise“thereunder”, refer “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 hereby. This Fourth Amendment (is a “Loan Document.” Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the extent provided in Section 3(A) payment and 3(B), from performance of all Obligations under 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)defined therein.

Appears in 1 contract

Sources: Loan Documents (Ncop Xi, 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 or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other 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 provision of either such agreement or any other Credit Document. Each Except as expressly set forth herein, each and every term, 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. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party The execution, delivery and the validity effectiveness of the Liens granted by it pursuant to the Collateral Documents. This this Amendment shall constitute not, except as expressly provided herein or as provided in the exhibits hereto, operate as a Credit Document for purposes waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Credit Agreement Documents, or constitute a waiver of any provision of any of the Credit Documents. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Agreement, which shall remain in full force and effect, except to any extent modified hereby. 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 Credit Parties from the Credit Documents. From and after the Amendment Effective Date, all references to the Credit Agreement or in any Credit Document and all references in the Credit Agreement to “this Agreement”, THIS AMENDMENT,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, Agreement shall, unless expressly provided otherwise, be deemed to refer to the Amended Agreement. Each of the Credit Parties hereby consents to this Amendment and confirms that all obligations of such Credit Party under the Credit Documents to which such Credit Party is a party shall continue to apply to the 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)hereby.

Appears in 1 contract

Sources: Forbearance Agreement (Fusion Connect, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not not, by implication or otherwise otherwise, limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agent under the Credit Agreement or any other Credit Loan Document, and (ii) 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 provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under This Amendment shall not constitute a novation of the Credit Documents Agreement or any other Loan Document. Nothing herein shall be deemed to which it is party and establish a precedent for purposes of interpreting the validity provisions of the Liens granted by it pursuant Credit Agreement or entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements set forth in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Seventh Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this hereby. 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)constitute a Loan Document.

Appears in 1 contract

Sources: Credit Agreement (Gci Liberty, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinin this Amendment or in the Credit Agreement, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Banks or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit DocumentLoan Papers, 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 Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Papers, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Company to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Paper in similar or different circumstances. (b) On and after the Fourth Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit AgreementAgreement in any other Loan Paper, shall, unless expressly provided otherwise, refer in each case shall be deemed a reference to the Credit Agreement as amended modified by this Amendment. 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 constitute a “Loan Paper” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendmentsother Loan Papers. (c) This Amendment, respectively)the Credit Agreement and the other Loan Papers constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof. (d) This Amendment may not be amended, modified or waived except in accordance with Section 9.1 of the Credit Agreement.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Southwest Airlines Co)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Lenders, any other Agent or the L/C Issuer, in each case and any of their respective Affiliates under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Documents Agreement or entitle any Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsCredit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Fourth Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative any Agent, the Collateral Agent any Arranger, any Lender, any Issuing Bank or the L/C Issuer, in each case Swing Line Lender under the Credit Agreement or any other 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 provision of either such agreement or any other Credit Document. Each and every term, conditionall of which, obligationas amended, covenant and agreement contained in the Credit Agreement supplemented or any other Credit Document is hereby otherwise modified hereby, are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Nothing herein shall be deemed to entitle any Credit Party reaffirms its obligations under 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 Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral DocumentsAgreement or any other Credit Document in similar or different circumstances. This Amendment shall constitute a Credit Document for all purposes of the Credit Agreement and from the other Credit Documents. On and after the Amendment No. 3 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference in any other Credit Document to the Credit Agreement, shall, unless expressly provided otherwise, refer shall be deemed to be a reference to the Credit Agreement as amended hereby. (b) The Credit Agreement, as specifically amended by this Amendment (Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents executed prior to the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Amendment No. 3 Effective Date and all of the Extended End Date, such references Collateral described therein do and shall refer continue in full force and effect to secure where they purport to do so the payment of all Obligations of the Credit Agreement Parties under the Credit Documents, in each case as amended by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the 50% Pricing Amendments and Administrative Agent or the Full Pricing AmendmentsCollateral Agent under any of the Credit Documents, respectively)nor constitute a waiver of any provision of any of the Credit Documents.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Entegris Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein (including, (i) for the avoidance of doubt, Section 4 hereof, which is intended to make the amendments set forth in Section 2 hereof effective as of the Second Amendment Effective Date), this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other 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 provision of either such agreement the Credit Agreement or of any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effecteffect as amended hereby. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Credit Document in similar or different circumstances. (b) On and after the Second Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Credit Document shall be deemed a reference to the Credit Agreement as amended by this hereby. 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 constitute a “Credit Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Credit Documents.

Appears in 1 contract

Sources: Credit Agreement (API Technologies Corp.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under The parties hereto acknowledge and agree that the amendment of the Credit Documents to which it is party and the validity of the Liens granted by it Agreement pursuant to the Collateral Documents. This this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a Credit Document for purposes novation of the Credit Agreement and from the other Loan Documents as in effect prior to the Eighth Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Eighth Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Amended 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 referring in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer . This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of 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 a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Dell Technologies 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other 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 provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity As of the Liens granted by it pursuant to the Collateral DocumentsAmendment No. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from and after the Amendment 3 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein,” or words of like import referring import, and each reference in the other Loan Documents to the Credit AgreementAgreement (including, shallwithout limitation, unless expressly provided otherwiseby means of words like “thereunder,” “thereof” and words of like import), refer shall mean and be a reference to the Credit Agreement as amended by hereby, and 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 shall be read together and construed as amended by a single instrument. This Amendment shall constitute a Loan Document. The parties hereto hereby consent to the 50% Pricing Amendments incurrence of the Dollar 2020 Term Loans and the Full Pricing AmendmentsEuro 2020 Term Loans upon the terms and subject to the conditions set forth herein. Upon the Amendment No. 3 Effective Date, respectively)(i) all conditions and requirements set forth in the Credit Agreement or the other Loan Documents relating to the effectiveness of this Amendment shall be deemed satisfied, (ii) all conditions and requirements set forth in the Credit Agreement or the other Loan Documents relating to the incurrence of the Dollar 2020 Term Loans and the Euro 2020 Term Loans shall be deemed satisfied and (iii) the incurrence of the Dollar 2020 Term Loans and the Euro 2020 Term Loans shall be deemed arranged and consummated in accordance with the terms of the Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Amendment No. 3 (Informatica Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under 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 Documents to which it is party Agreement or any other Loan Document in similar or different circumstances. The parties hereto acknowledge and agree that the validity amendment of the Liens granted by it Credit Agreement pursuant to the Collateral Documents. This this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a Credit Document for purposes novation of the Credit Agreement and from the other Loan Documents as in effect prior to the Fourth Amendment Effective Date. (b) From and after the Fourth Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the “Credit Agreement” in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (c) Each Loan Party hereby (i) acknowledges that it has reviewed the terms and provisions of this Amendment, (ii) 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 (in the case of the Existing Credit Agreement, shallas amended hereby), unless expressly provided otherwise(iii) ratifies and reaffirms each grant of a Lien on, refer or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security interests by such Loan Party and the pledges by such Loan Party, as applicable, pursuant to the Security Agreement) and confirms that such Liens and security interests continue to secure the Obligations under the Loan Documents, subject to the terms thereof, (iv) acknowledges and agrees that each Loan Document to which it is a party (in the case of the Existing Credit Agreement Agreement, as amended hereby) shall continue and remain in full force and effect and all of its obligations thereunder shall be valid and enforceable and not be impaired or limited by the execution of this Amendment and (v) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations, Secured Obligations, and Guaranteed Obligations pursuant to Section 10.01 of 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 Amended Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)Agreement.

Appears in 1 contract

Sources: Amended and Restated Credit Agreement (Digital Turbine, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under 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 Documents to which it is party Agreement or any other Loan Document in similar or different circumstances. The parties hereto acknowledge and agree that the validity amendment of the Liens granted by it Existing Credit Agreement pursuant to the Collateral Documents. This this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a Credit Document for purposes novation of the Credit Agreement and from the other Loan Documents as in effect prior to the Sixth Amendment Effective Date. (b) From and after the Sixth Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement” in any other Loan Document, shall, unless expressly provided otherwise, refer shall be deemed a reference to the Amended Credit Agreement. This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Digital Turbine, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinin this Agreement or in the Existing Credit Agreement, (i) this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Existing Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations Without limiting the generality of the foregoing, the Security | Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Credit Documents Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to which it is party and entitle the validity Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Existing Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) On and after the Amendment Second Incremental Effective Date, all references to the Credit Agreement each reference in any Credit Document and all references in (i) the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring to the Credit Agreementimport, shall, unless expressly provided otherwise, refer and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended modified 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 Agreement. This Agreement shall refer to constitute a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendmentsother Loan Documents. (c) This Agreement, respectively)the Credit Agreement and the other Loan Documents constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof. (d) This Agreement constitutes an “Incremental Assumption Agreement” as referred to in the Credit Agreement.

Appears in 1 contract

Sources: Incremental Assumption Agreement (Flutter Entertainment PLC)

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 Guarantee and Security Agreement or any other Loan Document or an accord and satisfaction in regard thereto. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case Borrower under the Credit Agreement or any other Credit Loan Document, and (ii) 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 Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle 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 Agreement or any other provision of either such agreement Loan Document in similar or any other Credit Document. Each and every term, 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. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documentsdifferent circumstances. This Amendment shall constitute a Credit Document for purposes apply and be effective only with respect to the provisions amended herein of the Credit Agreement and from and after Agreement. Upon the Amendment Effective Dateeffectiveness of this Amendment, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein” or words of like similar import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer shall mean and be a reference to the Credit Agreement as amended by this Amendment (and to the extent provided each reference in Section 3(A) and 3(B), from and after the Scheduled End Date and the Extended End Date, such references any other Loan Document shall refer to mean the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)hereby. This Amendment shall constitute a Loan Document.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (Capitala Finance Corp.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agent under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under The parties hereto acknowledge and agree that the amendment of the Credit Documents to which it is party and the validity of the Liens granted by it Agreement pursuant to the Collateral Documents. This this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a Credit Document for purposes novation of the Credit Agreement and from the other Loan Documents as in effect prior to the Tenth Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (a) On and after the Tenth Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Amended 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 referring in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement. This Amendment shall constitute a “Lender Joinder Agreement”, an “Extension Amendment” (entered into in accordance with, and subject to the terms of, Section 2.22(a) of the Credit Agreement, shall, unless expressly provided otherwise, refer to ) and a “Loan Document” for all purposes of the Amended 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (KKR Real Estate Finance Trust Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the LendersLenders or the Administrative Agent under the Amended Credit Agreement, the Administrative Agent, the Guarantee and Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit Loan Document, and (ii) 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 either such agreement the Credit Agreement, the Guarantee and Collateral Agreement or of any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Except as expressly set forth herein, nothing herein shall be deemed to be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Documents to which it is party Agreement, the Guarantee and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Agreement or any other Loan Document for purposes of the Credit Agreement and from in similar or different circumstances. (b) From and after the Amendment No. 1 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the “Credit Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Tempur Sealy International, Inc.)

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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuerany other Agent, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Loan Document. Each The parties hereto acknowledge and every term, condition, obligation, covenant and agreement contained in agree that the amendment of the Credit Agreement or any pursuant to this Agreement and all other Credit Document is hereby ratified Loan Documents amended and/or executed and re-affirmed delivered in all respects and connection herewith shall continue in full force and effect. Each Credit Party reaffirms its obligations under not constitute a novation of the Credit Documents to which it is party Agreement and the validity of the Liens granted by it pursuant other Loan Documents as in effect prior to the Collateral DocumentsTerm B-1 Increase Effective Date. This Amendment Agreement shall constitute a Credit Loan Document for purposes of the Credit Agreement and from and after the Amendment Term B-1 Increase Effective Date, all references to the Credit Agreement in any Credit 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 Amended Credit Agreement. The Borrower hereby consents to this Agreement as amended by this Amendment (and confirms that all obligations of the Borrower under the Loan Documents to which it is a party shall continue to apply 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 Amended Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively).Agreement. 

Appears in 1 contract

Sources: Increase Joinder (Frontier Communications Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effectaffect. Each The Company and each other Loan Party acknowledges and agrees that all of the Guarantees, Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure and guaranty the Obligations (as such term is defined giving effect to this Amendment), as applicable, unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the 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 Credit Party reaffirms its Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Documents Agreement or any other Loan Document. (b) On and after the Effective Date, each reference in the Credit Agreement to which it is party "this Agreement", "hereunder", "hereof", "herein", or words of like import, and the validity of the Liens granted by it pursuant each reference to the Collateral DocumentsCredit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended hereby. This Amendment shall constitute a Credit Document "Loan Document" for all purposes of the Amended Credit Agreement and from and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references other Loan Documents (as defined in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof” ). (c) Except as expressly provided herein or words of like import referring to in the Amended Credit Agreement, shall, unless expressly provided otherwise, refer the New Revolving Facility shall be subject to the terms and provisions of the Amended 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Minerals Technologies Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each 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 and the amendment to the Guarantee and Collateral Agreement), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Other than as expressly set forth herein, 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 Party reaffirms its Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from or any other Loan Document. (b) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference 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).amended

Appears in 1 contract

Sources: Credit Agreement (Wolverine World Wide Inc /De/)

Effect of Amendment. Except as expressly set forth hereinin this Agreement or in the Amended Credit Agreement, (i) this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Revolving Facility Administrative Agent, the Collateral Agent or the L/C Issuer, in each case Term Facilities Administrative Agent under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations or Foreign Obligations (as applicable) of the applicable Loan Parties under the Credit Documents Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to which it is party and entitle the validity Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Existing Credit Agreement and from or any other Loan Document in similar or different circumstances. On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement” in any other Loan Document, shallin each case shall be deemed a reference to the Amended Credit Agreement. This Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. The parties hereto confirm that no novation of any kind has occurred as a result of, unless expressly provided or in connection with, this Agreement or 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, any such references shall refer to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)novation being hereby expressly disclaimed.

Appears in 1 contract

Sources: Credit Agreement (SS&C Technologies Holdings Inc)

Effect of Amendment. Except as expressly set forth herein, (i) this Second Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, Agent or the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effecteffect (in each case as amended hereby). Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a further consent to, or a further waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. Upon and after the Second Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shalland each reference in the other Loan Documents to “the Credit Agreement”, unless expressly provided otherwise“thereunder”, refer “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 hereby. This Second Amendment (is a “Loan Document.” Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the extent provided in Section 3(A) payment and 3(B), from performance of all Obligations under 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)defined therein.

Appears in 1 contract

Sources: Credit Agreement (NCO Group, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the LendersLenders or the Administrative Agent under the Amended Credit Agreement, the Administrative Agent, the Guarantee and Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit Loan Document, and (ii) 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 either such agreement the Credit Agreement, the Guarantee and Collateral Agreement or of any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Except as expressly set forth herein, nothing herein shall be deemed to be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Documents to which it is party Agreement, the Guarantee and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Agreement or any other Loan Document for purposes of the Credit Agreement and from in similar or different circumstances. (b) From and after the Amendment No. 4 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the “Credit Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Tempur Sealy International, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) On and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (c) The parties hereto confirm that no novation of any kind has occurred as a result of, or in connection with, this Amendment (or otherwise, any such novation being hereby expressly disclaimed. Without prejudice to the previous sentence, and only to the extent provided in Section 3(Aotherwise required by applicable law to maintain the validity, enforceability and/or publication (perfection) and 3(Bof any Lien pursuant to the laws of the Province of Quebec created under any Collateral Document (the “Existing Quebec Security”), from and after the Scheduled End Date and Existing Quebec Security is hereby expressly reserved by the Extended End DateSecured Parties, such references shall refer the whole pursuant to the Credit Agreement as amended by provisions of Article 1662 of the 50% Pricing Amendments and the Full Pricing Amendments, respectively)Civil Code of Quebec.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Postmedia Network Canada Corp.)

Effect of Amendment. (%2) Except as expressly set forth hereinin this First Amendment or in the Credit Agreement, (i) this First Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Banks or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit DocumentLoan Papers, 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 Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Papers, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Company to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Paper in similar or different circumstances. (a) On and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit AgreementAgreement in any other Loan Paper, shall, unless expressly provided otherwise, refer in each case shall be deemed a reference to the Credit Agreement as amended modified by this First Amendment. This First 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 constitute a “Loan Paper” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendmentsother Loan Papers. (b) This First Amendment, respectively)the Credit Agreement and the other Loan Papers constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof. (c) This First Amendment may not be amended, modified or waived except in accordance with Section 9.1 of the Credit Agreement.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Southwest Airlines Co)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment No. 4 shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agent under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment No. 4 shall apply to and be effective only with respect to the provisions of the Credit DocumentAgreement and the other Loan Documents specifically referred to herein. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party The Borrower reaffirms its obligations under the Credit Loan Documents to which it is a party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from . (b) On and after the Amendment No. 4 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import, and each reference to the Credit Agreement, “hereunder”, thereunder,” hereofthereof,” “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment No. 4 shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Brocade Communications Systems 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C IssuerCollateral Agent, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Loan Party reaffirms its obligations under the Credit Loan Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document. This Amendment is an Incremental Amendment in accordance with Section 2.14 of the Credit Agreement, shall constitute a Loan Document for purposes of the Credit Agreement and from and after the Amendment Effective Datedate of effectiveness, all references to the Credit Agreement in any Credit 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. Each of the Loan Parties hereby consents to this Amendment (and confirms that all obligations of such Loan Party under the Loan Documents to the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date and the Extended End Date, which such references Loan Party is a party shall refer continue to apply to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)hereby.

Appears in 1 contract

Sources: Credit Agreement (Summit Materials, LLC)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) From and after the Third Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer ” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by this Amendment hereby and (and ii) each reference in any Loan Document to the extent provided in Section 3(A“Term Lenders”, “Amendment No. 2 Term Loans”, “Term Loans” or “Term Facility” shall be deemed a reference to the New Term Lenders, the New Term Loans or the New Term Facility. (c) and 3(B), from and after the Scheduled End Date and the Extended End Date, such references This Amendment shall refer to constitute a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendmentsother Loan Documents and shall be deemed to be an “Incremental Facility Amendment”, respectively)as defined in the Credit Agreement. (d) Each party hereto acknowledges that this Amendment constitutes all notices or requests required under Section 2.22 of the Credit Agreement. (e) The Administrative Agent and each Lender party hereto consents to an Interest Period for the New Term Loans beginning on the Third Amendment Effective Date and ending on the last day of the Interest Period then in effect with respect to the Amendment No. 2 Term Loans outstanding immediately prior to the effectiveness of this Amendment. (f) This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document.

Appears in 1 contract

Sources: First Lien Credit Agreement (Isos Acquisition 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 of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, Agent or the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other 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 provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle 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 Documents Agreement or any other Credit Document in similar or different circumstances. This Amendment shall apply and be effective only with respect to which it is party and the validity provisions of the Liens granted by it pursuant Credit Agreement specifically referred to the Collateral Documentsherein. This Amendment shall constitute a Credit Document for all purposes of the Credit Agreement as amended hereby and from 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 Amendment First Effective Date or the Second Effective Date, all references to the Credit Agreement in as applicable, any Credit Document and all references 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 referring to the in any other Credit AgreementDocument, shall, unless expressly provided otherwise, refer to shall mean 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)modified hereby.

Appears in 1 contract

Sources: Credit Agreement (Endurance Specialty Holdings LTD)

Effect of Amendment. On and after the Effective Date, each reference in the Existing Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing 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 Existing Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended or waived by this Amendment. The Existing 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, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Existing Credit Agreement or any other 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 Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or any other Credit Document is hereby Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under The parties hereto expressly acknowledge that it is not their intention that this Amendment or any of the other Credit Documents to which it is party and the validity executed or delivered pursuant hereto constitute a novation of any of the Liens granted by it obligations, covenants or agreements contained in the Existing Credit Agreement or any other Credit Document, but rather constitute a modification thereof pursuant to the Collateral Documentsterms contained herein. This Amendment shall constitute constitutes a Credit Document for 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)Document.

Appears in 1 contract

Sources: Credit Agreement (Smurfit WestRock PLC)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effectaffect. Each The Company and each other Loan Party acknowledges and agrees that all of the Guarantees, Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure and guaranty the Obligations (as such term is defined giving effect to this Amendment), as applicable, unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the 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 Credit Party reaffirms its Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from or any other Loan Document. (b) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by this hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents (and as defined in the Amended Credit Agreement). (c) Except as expressly provided herein or in the Amended Credit Agreement, the 2017 Refinancing Term B-1 Loan Facility shall be subject to the extent provided in Section 3(A) terms and 3(B), from and after provisions of the Scheduled End Date Amended Credit Agreement 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Minerals Technologies Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Lenders, any other Agent or the L/C Issuer, in each case and any of their respective Affiliates under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Documents Agreement or entitle any Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsCredit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents. SECTION 2.03.

Appears in 1 contract

Sources: Credit Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, (i) this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Amended Agreement or any other 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 Existing ARCA or any other provision of either such agreement the Existing ARCA or of any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrowers to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Existing ARCA, the Amended Agreement or any other Credit Document for purposes of the Credit Agreement and from in similar or different circumstances. (b) On and after the Amendment Second ARCA Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement Existing ARCA to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the “Credit Agreement” or words of like import referring in any other Credit Document shall be deemed a reference to the Amended Agreement. This Amendment and Restatement Agreement shall constitute a “Credit Agreement, shall, unless expressly provided otherwise, refer Document” for all purposes of the Amended Agreement and the other Credit Documents. (c) The changes to the Credit definition of “Applicable Margin” in Section 1.01 of the Amended Agreement as amended by effected pursuant to this Amendment (and to the extent provided in Section 3(A) Restatement Agreement shall apply and 3(B), from be effective on and after the Scheduled End Date Second ARCA Effective Date. The definition of “Applicable Margin” in Section 1.01 of the Existing ARCA shall apply and be effective for the Extended End period ending on, but not including, the Second ARCA Effective Date, such references shall refer to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively).

Appears in 1 contract

Sources: Credit Agreement (Education Management Corporation)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not not, by implication or otherwise otherwise, limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agent under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under This Amendment shall not constitute a novation of the Credit Documents Agreement or any other Loan Document. Nothing herein shall be deemed to which it is party and establish a precedent for purposes of interpreting the validity provisions of the Liens granted by it pursuant Credit Agreement or entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Fifth Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference 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)hereby.

Appears in 1 contract

Sources: Credit Agreement (General Communication Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, (i) this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Amended Agreement or any other Credit 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 Agreement Second ARCA or any other provision of either such agreement the Second ARCA or of any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Credit Second ARCA, the Amended Agreement or any other Loan Document for purposes of the Credit Agreement and from in similar or different circumstances. (a) On and after the Amendment Third ARCA Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement Second ARCA to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer ” in any other Loan Document shall be deemed a reference to the Credit Amended Agreement. This Amendment and Restatement Agreement as amended by this Amendment (and to shall constitute a “Loan Document” for all purposes of the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date Amended Agreement and the Extended End Dateother Loan Documents. (b) In connection with the conversion of the Tranche A-2 Term Loans into Tranche A-3 Converted Term Loans, each Tranche A-3 Converted Term Lender hereby agrees to waive such references shall refer amounts (if any) to the Credit Agreement as amended which it is entitled to be compensated by the 50% Pricing Amendments and Borrower pursuant to Section 2.15 of the Full Pricing Amendments, respectively)Second ARCA in connection with such conversion.

Appears in 1 contract

Sources: Credit Agreement (Windstream Corp)

Effect of Amendment. Except as expressly set forth hereinin this Agreement or in the Amended Credit Agreement, (i) this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case Agents under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the applicable Loan Parties under the Credit Documents Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to which it is party and entitle the validity Company to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Existing Credit Agreement and from or any other Loan Document in similar or different circumstances. On and after the Amendment Incremental B-8 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement” in any other Loan Document, shallin each case shall be deemed a reference to the Amended Credit Agreement. This Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. The parties hereto confirm that no novation of any kind has occurred as a result of, unless expressly provided or in connection with, this Agreement or 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, any such references shall refer to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)novation being hereby expressly disclaimed.

Appears in 1 contract

Sources: Incremental Joinder & First Amendment to Credit Agreement (SS&C Technologies Holdings Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case Lender under the Credit Seller Note Agreement or any other Credit 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 Seller Note Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations The parties hereto acknowledge and agree that this Amendment shall not constitute a novation of the Seller Note Agreement and the other Loan Documents as in effect prior to the Amendment No. 2 Effective Date or serve to effect a novation of the Obligations outstanding under the Credit Documents Seller Note Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. Nothing herein shall be deemed to which it is party and establish a precedent for purposes of interpreting the validity provisions of the Liens granted by it pursuant Seller Note Agreement or entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in the Seller Note Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Seller Note Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Seller Note Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Seller Note Agreement, “thereunder”, “thereof”, “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Credit Amended Seller Note Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” for all purposes of the Credit Seller Note 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)other Loan Documents.

Appears in 1 contract

Sources: Secured Seller Note Agreement (American Water Works Company, 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 of, or otherwise affect the rights and remedies of the Lenders, the Issuing Bank, the Administrative Agent, the Collateral Agent Agent, the Borrower or the L/C Issuer, in each case Subsidiary Guarantors under the Existing Credit Agreement or any other Credit Loan Document, and (ii) 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents Nothing herein shall be deemed to which it is party and the validity entitle any Person to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsExisting Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply and be effective only with respect to the provisions amended herein of the Existing Credit Agreement and from and after Agreement. Upon the Amendment Effective Dateeffectiveness of this Amendment, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein” or words of like similar import referring shall mean and be a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Existing Credit Agreement as amended by this Amendment (and to each reference in any other Loan Document shall mean 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 Existing Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)hereby. This Amendment shall constitute a Loan Document.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (Vista Credit Strategic Lending 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent, any other Agent or the L/C IssuerIssuing Bank, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Loan Document for purposes of the Credit Agreement and from and after the Amendment No. 2 Effective Date, all references to the Credit Agreement in any Credit 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. 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 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 apply to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)hereby.

Appears in 1 contract

Sources: Credit Agreement (ADS Waste Holdings, 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuerany other Agent, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Credit Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Loan Document for purposes of the Credit Agreement and from and after the Amendment No. 1 Effective Date, all references to the Credit Agreement in any Credit 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. Each of the Obligors hereby consents to this Amendment (and confirms that all obligations of such Obligor under the Loan Documents to the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date and the Extended End Date, which such references Obligor is a party shall refer continue to apply to the Credit Agreement as amended by hereby. The parties hereto acknowledge and agree that the 50% Pricing Amendments amendment of the Credit Agreement pursuant to this Amendment 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 Full Pricing Amendments, respectively).other Loan Documents as in effect prior to the Amendment No. 1

Appears in 1 contract

Sources: Credit Agreement (Milacron Holdings Corp.)

Effect of Amendment. Except as expressly set forth herein, this Amendment (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the LendersABL Claimholders, the Administrative Term Claimholders, the Initial ABL Agent, the Collateral Initial Term Agent or the L/C Issuerany other Claimholder or any other Agent, in each case case, under the Credit Existing Intercreditor Agreement or any other Credit 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 Credit ABL Loan Document or Term Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement Intercreditor Agreement, or any other Credit ABL Loan Document or Term Loan Document, is hereby ratified and re-affirmed reaffirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes “Loan Document” under and as defined in each of the ABL Credit Agreement and the Term Loan Credit Agreement, and from and after the Amendment Effective Dateeffectiveness of this Amendment, all references to the Credit Intercreditor Agreement in any Credit ABL Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or Term Loan Document or words of like import referring to the Credit Intercreditor Agreement, shall, unless expressly provided otherwise, refer to the Credit Intercreditor 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)Amendment.

Appears in 1 contract

Sources: Term Loan and Security Agreement (DXP Enterprises Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not (i) by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, Agent or the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit Document, 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 existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the existing Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Nothing herein shall be deemed to entitle any Loan Party reaffirms its obligations under the Credit Documents to which it is party and the validity consent to, or constitute a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) From and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement. 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 and the other Loan Documents (as amended defined in the Amended Credit Agreement). (c) For the avoidance of doubt, the Lenders party hereto, constituting the Required Lenders and the Lead Lenders, consent to and agree that the (i) refinancing of the EETC Obligations as of the Amendment Effective Date and (ii) guarantees by this Amendment (the Borrower and to certain current and future subsidiaries of the extent Borrower provided in Section 3(A) and 3(B)connection therewith, from and after in each case are permitted for all purposes under the Scheduled End Date and Loan Documents, as further set forth in the Extended End Date, such references shall refer to the Amended Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)Agreement.

Appears in 1 contract

Sources: Credit Agreement (Wheels Up Experience Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders, the Administrative Agent, Agent or the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Documents Agreement or entitle any Loan Party to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsCredit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Second Incremental Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer as amended hereby. This Amendment shall constitute an Incremental Facility Amendment entered into pursuant to Section 2.20 of 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 a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Broadcom Cayman L.P.)

Effect of Amendment. (a) Except as expressly set forth provided herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Initial Credit Agreement or any and the other Credit Document, and (ii) Loan Documents 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 Credit Document. Each and every term, 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 remain in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute not be deemed (i) to be a Credit Document for purposes waiver of, or consent to, or a modification or amendment of, any other term or condition of the Initial Credit Agreement and from and after or any other Loan Document or (ii) to be a waiver of, or consent to, a modification or amendment to any term or provision of any Loan Document specifically consented to, waived, amended or modified by this Amendment on any other occasion, or (iii) to prejudice any other right or rights which the Amendment Effective Date, all references to Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Initial Credit Agreement in or the other Loan Documents or any Credit Document and all references of the instruments or agreements referred to therein, as the same may be amended or modified from time to time. References in the Initial Credit Agreement to “this Agreement”, ” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof” or words of like import referring ”) and in any Loan Document to the Initial Credit AgreementAgreement shall be deemed to be references to the Initial Credit Agreement as modified hereby. (b) Each financial institution executing this Amendment agrees that it shall be, shall, unless expressly provided otherwise, refer or reaffirms that is a party to the Credit Agreement (as amended by hereby) and the other Loan Documents (as defined in the Credit Agreement) to which Lenders are parties and each such financial institution shall have the rights and obligations of a Lender under each such agreement. In furtherance of the foregoing, each financial institution executing this Amendment (agrees to execute any additional documents reasonably requested by the Administrative Agent to evidence such financial institution’s rights 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 obligations under the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)Agreement.

Appears in 1 contract

Sources: Amendment to Credit Agreement (SCP Pool Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment shall apply to and be effective only with respect to the provisions of the Credit DocumentAgreement and the other Loan Documents specifically referred to herein. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party The Borrower reaffirms its obligations under the Credit Loan Documents to which it is a party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from . (b) On and after the Third Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import, and each reference to the Credit Agreement, “hereunder”, thereunder,” hereofthereof,” “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer to as amended hereby. This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Gentiva Health Services Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or Lenders, the L/C Issuer, in each case the U.S. Swing Line Lenders, or the Euro Swing Line Lenders under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, 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 which shall continue in full force and effecteffect in accordance with the provisions thereof. Each Credit Party reaffirms its obligations under the Credit Documents Nothing herein shall be deemed to which it is party and the validity entitle any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Existing Credit Agreement and from or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (a) On and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring to the Credit Agreementimport, 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 Amended Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendmentsterm “Credit Agreement”, respectively)as used in each Loan Document, shall mean the Amended Credit Agreement. (b) This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Itt Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Lenders, any other Agent or the L/C Issuer, in each case and any of their respective Affiliates under the Credit Term Loan Agreement or any other Credit 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 Term Loan Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the Credit Documents to which it is party and the validity provisions of the Liens granted by it pursuant Term Loan Agreement or entitle any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in the Term Loan Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Credit Term Loan Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Second Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Term Loan Agreement, “thereunder”, “thereof”, “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Credit Term Loan Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this hereby. This Amendment (and to shall constitute a “Loan Document” for all purposes of the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date Term Loan Agreement 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)other Loan Documents.

Appears in 1 contract

Sources: Term Loan Agreement (FMC Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agent under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under The parties hereto acknowledge and agree that the amendment of the Credit Documents to which it is party and the validity of the Liens granted by it Agreement pursuant to the Collateral Documents. This this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a Credit Document for purposes novation of the Credit Agreement and from the other Loan Documents as in effect prior to the First Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Amended 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 referring in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Dell Technologies Inc.)

Effect of Amendment. On the Amendment Effective Date, each Loan Agreement shall be modified in accordance with this Amendment, all references to such Loan Agreement in any Loan Document (as defined in the applicable Loan Agreement) shall be deemed to be references to such Loan Agreement as modified by this Amendment. With respect to each Loan Agreement, this Amendment shall be deemed an amendment thereof having a numerical identification one higher than the last numerical amendment of such Loan Agreement, and the numbering of each amendment to such Loan Agreement hereafter shall take this Amendment into account. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other 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 any Loan Agreement or any other provision Loan Document (as defined in each Loan Agreement), all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents Nothing herein shall be deemed to which it is party and the validity entitle any Borrower or Guarantor to any future consent to, or waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in any Loan Agreement or any other Loan Document (as defined in each Loan Agreement) in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from On and after the Amendment Effective Date, this Amendment shall each constitute a “Loan Document” for all references purposes of each Loan Agreement and the other Loan Documents (as defined in the applicable Loan Agreement) and any breach of any Borrower’s obligations hereunder shall constitute an immediate Event of Default under the applicable Loan Agreements. This Amendment shall be limited as written and nothing herein shall be deemed to constitute an amendment or waiver of any other term, provision or condition of any of the Loan Documents (as defined in each Loan Agreement) in any other instance than as expressly set forth herein or prejudice any right or remedy that ▇▇▇▇▇▇ ▇▇▇ or any Original Lender may now have or may in the future have under any of the Loan Documents (as defined in each Loan Agreement). Except as herein provided, each Loan Agreement and the other Loan Documents (as defined in the applicable Loan Agreement) shall remain unchanged and in full force and effect. This Amendment, the Loan Agreements and the other Loan Documents (as defined in each Loan Agreement) constitute the entire agreement among the parties hereto and thereto with respect to the Credit Agreement in subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto and thereto or any Credit Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring them with respect 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)subject matter hereof.

Appears in 1 contract

Sources: Omnibus Amendment to Multifamily Loan and Security Agreements (Sonida Senior Living, Inc.)

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 of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent LC Issuer or the L/C Issuer, in each case Administrative Agent under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the Credit Documents to which it is party and the validity provisions of the Liens granted by it pursuant Existing Credit Agreement or the Amended Credit Agreement or entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment Agreement shall constitute a Credit Document for purposes apply and be effective only with respect to the provisions of the Existing Credit Agreement and from and after specifically referred to herein. After the Amendment Agreement Effective Date, all references to any reference in the Existing Credit Agreement in any Credit Document and all references in or the Amended 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 referring in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Alaska Communications Systems Group Inc)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, (i) this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Amended Agreement or any other Credit 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 Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Company to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Existing Credit Agreement, the Amended Agreement or any other Loan Document for purposes of the Credit Agreement and from in similar or different circumstances. (b) On and after the Amendment Restatement Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer ” in any other Loan Document shall be deemed a reference to the Credit Amended Agreement. This Amendment and Restatement Agreement as amended by shall constitute a “Loan Document” for all purposes of the Amended Agreement and the other Loan Documents. (c) The changes to the definition of “Applicable Margin” in Section 1.01 of the Amended Agreement effected pursuant to this Amendment (and to the extent provided in Section 3(A) Restatement Agreement shall apply and 3(B), from be effective on and after the Scheduled End Date and Restatement Effective Date. The definition of “Applicable Margin” in Section 1.01 of the Extended End Date, such references shall refer to the Existing Credit Agreement as amended by shall apply and be effective for the 50% Pricing Amendments and period ending on, but not including, the Full Pricing Amendments, respectively)Restatement Effective Date.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Tenth Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case other Secured Parties under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. . (i) Each Credit Party reaffirms Person executing this Tenth Amendment in its obligations capacity as a Term B-5 Lender shall be a “Lender” and a “Term Lender” under the Amended Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document Agreement for all purposes of the Amended Credit Agreement and from the other Loan Documents and after shall, in each case, be bound by the Amendment Effective Date, all references to provisions of the Amended Credit Agreement in any Credit Document as a Lender holding “Term Commitments” and all references in “Term Loans”, as applicable and (ii) the Credit Agreement to Term B-5 Loan Commitments shall constitute this AgreementTerm Commitments” and “Additional Term Loan Commitments”, and the Term B-5 Loans shall constitute “Replacement Term Loans”, “hereunderAdditional Term Loans” and “Term Loans”, “hereof” or words as applicable, for all purposes of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended 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)other Loan Documents.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinin this Second Amendment or in the Credit Agreement, (i) this Second Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Credit Loan Documents (including all Obligations incurred pursuant to which it is party and this Second Amendment), in each case, as amended by this Second Amendment. Nothing herein shall be deemed to entitle the validity Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) On and after the Amendment Incremental Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit AgreementAgreement in any other Loan Document, shall, unless expressly provided otherwise, refer shall be deemed a reference to the Credit Agreement as amended modified by this Second Amendment. This Second Amendment (and to shall constitute a “Loan Document” for all purposes of the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date Credit Agreement and the Extended End Dateother Loan Documents. (c) The Guarantor agrees that nothing in the Credit Agreement, such references this Second Amendment or any other Loan Document shall refer be deemed to require the consent of the Guarantor to any future amendment to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)Agreement.

Appears in 1 contract

Sources: Credit Agreement (Macquarie Infrastructure 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other 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 Existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each As of the Amendment No. 1 Effective Date, each reference in the Existing Credit Party reaffirms its obligations under Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Existing Credit Agreement (including, without limitation, by means of words like “thereunder,” “thereof” and words of like import), shall mean and be a reference to the Existing Credit Agreement as amended hereby, and this Amendment and the Credit Documents to which it is party Agreement shall be read together and the validity of the Liens granted by it pursuant to the Collateral Documentsconstrued as a single instrument. This Amendment shall constitute a Loan Document and an Incremental Amendment. Upon the Amendment No. 1 Effective Date, (i) all conditions and requirements set forth in the Existing Credit Document for purposes Agreement or the other Loan Documents relating to the effectiveness of this Amendment shall be deemed satisfied, (ii) all conditions and requirements set forth in the Existing Credit Agreement or the other Loan Documents relating to the incurrence of the Additional Term B Loans shall be deemed satisfied and (iii) the incurrence of the Additional Term B Loans shall be deemed arranged and consummated in accordance with the terms of the Existing 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)other Loan Documents.

Appears in 1 contract

Sources: Amendment No. 1 (Informatica 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case Borrower under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement the Credit Agreement or any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement (including, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment and the Fifth Amendment) or any other Credit Loan Document (including the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment and the Fifth Amendment) is hereby ratified and re-affirmed reaffirmed in all respects and shall continue in full force and effecteffect and nothing herein can or may be construed as a novation thereof. Each Credit Party The Borrower reaffirms its obligations under the Credit Loan Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documentsparty. This Amendment shall constitute a Credit Loan Document for purposes of the Credit Agreement and from and after the 2017 Refinancing Amendment Effective Date, all references to the Credit Agreement in any Credit 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. The Borrower hereby consents to this Amendment (and confirms that all obligations of the Borrower under the Loan Documents 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 which it is a party shall refer continue to apply to the Credit Agreement Agreement, as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)hereby.

Appears in 1 contract

Sources: Credit Agreement (Activision Blizzard, Inc.)

Effect of Amendment. All references in the other Credit Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to the Amended Credit Agreement. (a) Except as expressly set forth provided herein, (i) neither this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect nor the rights and remedies effectiveness of the LendersAmended Credit Agreement shall extinguish the Obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Lien or priority of any Credit Document or any other security therefor or any guarantee thereof, and the Administrative Agent, liens and security interests in favor of the Collateral 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, or a payment and reborrowing, or a termination, of the L/C Issuer, in each case Obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or securing the same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Amendment, the Amended Credit Agreement or any other Credit Document, and (ii) document contemplated hereby or thereby shall not alter, modify, amend be construed as a release or in any way affect any other discharge of the terms, conditions, obligations, covenants or agreements contained in Borrower under the Existing Credit Agreement or any other provision of either such agreement the Borrower or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or Party under any other Credit Document is hereby ratified from any of its obligations and re-affirmed liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Amendment and in the Amended Credit Agreement. The Existing Credit Agreement and each of the other Credit Documents shall continue remain in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party , until and the validity of the Liens granted by it pursuant to the Collateral Documentsexcept as modified hereby. This Amendment shall constitute a Credit Document and a Refinancing Amendment pursuant to Section 2.24(l) of the Existing Credit Agreement for all purposes of the Existing 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 Amended 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 1 contract

Sources: Fourth Amendment (Las Vegas Sands Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) From and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer ” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by this Amendment hereby and (and ii) each reference in any Loan Document to the extent provided in Section 3(A“Term Lenders”, “Initial Term Loans”, “Term Loans” or “Term Facility” shall be deemed a reference to the New Term Lenders, the New Term Loans or the New Term Facility. (c) and 3(B), from and after the Scheduled End Date and the Extended End Date, such references This Amendment shall refer to constitute a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendmentsother Loan Documents and shall be deemed to be an “Incremental Facility Amendment”, respectively)as defined in the Credit Agreement. (d) Each party hereto acknowledges that this Amendment constitutes all notices or requests required under Section 2.22 of the Credit Agreement. (e) The Administrative Agent and each Lender party hereto consents to an Interest Period for the New Term Loans beginning on the First Amendment Effective Date and ending on the last day of the Interest Period then in effect with respect to the Initial Term Loans outstanding immediately prior to the effectiveness of this Amendment. (f) This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document.

Appears in 1 contract

Sources: First Incremental Amendment (Isos Acquisition Corp.)

Effect of Amendment. (a) Except as expressly set forth hereinin this First Amendment or in the Credit Agreement, (i) this First Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Credit Loan Documents (including all Obligations incurred pursuant to which it is party and this First Amendment), in each case, as amended by this First Amendment. Nothing herein shall be deemed to entitle the validity Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) On and after the Amendment Incremental Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit AgreementAgreement in any other Loan Document, shall, unless expressly provided otherwise, refer shall be deemed a reference to the Credit Agreement as amended modified by this First Amendment. This First Amendment (and to shall constitute a “Loan Document” for all purposes of the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date Credit Agreement and the Extended End Dateother Loan Documents. (c) The Guarantor agrees that nothing in the Credit Agreement, such references this First Amendment or any other Loan Document shall refer be deemed to require the consent of the Guarantor to any future amendment to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)Agreement.

Appears in 1 contract

Sources: Credit Agreement (Macquarie Infrastructure 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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case other Credit Parties under the Amended Credit Agreement or any other Credit 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 Amended Credit Agreement or any other provision of either such agreement or any other Credit Loan Document. Each Except as expressly modified herein, each and every term, condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under The Loan Parties hereby acknowledge, confirm and agree that the Credit Collateral Documents to which it is party and the validity of the any and all Liens previously granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document Administrative Agent, for purposes the benefit of the Credit Parties, shall continue to secure all applicable Obligations of the Loan Parties at any time and from time to time outstanding under the Amended Credit Agreement and from the other Loan Documents, as such Obligations have been amended pursuant to this Amendment. From and after the Amendment Effective Datedate hereof, all references to the Amended Credit Agreement in any Credit 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. This Amendment (and is a Loan Document executed pursuant 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 Amended Credit Agreement as amended by and shall be construed, administered and applied in accordance with the 50% Pricing Amendments terms and the Full Pricing Amendments, respectively).provisions thereof. [SIGNATURE PAGES FOLLOW]

Appears in 1 contract

Sources: Term Credit Agreement (Designer Brands Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein (including, (i) for the avoidance of doubt, Section 4 hereof, which is intended to make the amendments set forth in Section 2 hereof effective as of the First Amendment Effective Date), this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other 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 provision of either such agreement the Credit Agreement or of any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effecteffect as amended hereby. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to entitle the Credit Documents Borrower to which it is party and the validity a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement and from or any other Credit Document in similar or different circumstances. (b) On and after the First Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Credit Document shall be deemed a reference to the Credit Agreement as amended by this hereby. 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 constitute a “Credit Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Credit Documents.

Appears in 1 contract

Sources: Credit Agreement (API Technologies Corp.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Second Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the existing Credit Agreement or any other Credit 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 existing Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the existing Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity Except as expressly set forth herein, nothing herein shall be deemed a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) The parties hereto acknowledge and from agree that this Second Amendment and the other Loan Documents executed and delivered in connection with this Second Amendment do not constitute a novation or termination of any of the Obligations . (c) From and after the Second Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by this Amendment (and to the extent provided in Section 3(A) and 3(B), from hereby. From and after the Scheduled End Date and the Extended End Second Amendment Effective Date, such references each reference in the Loan Documents to the “Pledge and Security Agreement” shall refer be deemed a reference to the Pledge and Security Agreement as amended hereby. This Second Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Loan Documents.

Appears in 1 contract

Sources: Refinancing Amendment (Hologic 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 or otherwise affect the rights and remedies of the Lenders, Lenders or the New Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Loan Document. Each Except as expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party effect and the Borrower reaffirms its obligations under the Credit Loan Documents to which it is party and the validity grant of its Liens on the Liens granted Collateral made by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Loan Document for purposes of the Credit Agreement Agreement, including without limitation for purposes of Sections 10.15 and 10.16 thereof, and from and after the Amendment No. 3 Effective Date, all references to the Credit Agreement in any Credit 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. The Borrower hereby consents to this Amendment (and confirms that all of its obligations under the Loan Documents to which the extent provided in Section 3(A) and 3(B), from and after the Scheduled End Date and the Extended End Date, such references Borrower is a party shall refer continue to apply to the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)hereby.

Appears in 1 contract

Sources: Amended and Restated Credit Agreement (IASIS Healthcare 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 of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral any Agent or the L/C Issuer, in each case any Lender under the Credit Agreement or any other Credit DocumentLoan Documents, 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 Loan Documents, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects respects, as amended hereby, and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from , as amended hereby, except that, on and after the Amendment Effective Date, all references each reference to the Credit Agreement in any Credit Document the Loan Documents shall mean 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 be a reference to the Credit Agreement as amended by this Amendment. Each Guarantor hereby confirms that it has reviewed this Amendment (and hereby expressly consents to this Amendment and the extent provided transactions contemplated hereby and ratifies and affirms all of its obligations under the Loan Documents, including, without limitation, the guaranty in Section 3(A) 2.1 of each of the U.S. Guarantee and 3(B), from and after the Scheduled End Date Collateral Agreement and the Extended End DateCanadian Guarantee and Collateral Agreement, such references as applicable. Except as expressly set forth herein, nothing herein shall refer be deemed to entitle 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 Loan Documents in similar or different circumstances. This Amendment is a Loan Document executed pursuant to the Credit Agreement as amended by and shall be construed, administered and applied in accordance with the 50% Pricing Amendments terms and the Full Pricing Amendments, respectively)provisions thereof.

Appears in 1 contract

Sources: Abl Credit Agreement (Veritiv 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 or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other 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 provision of either such agreement or any other Credit Document. Each Except as expressly set forth herein, each and every term, 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. Each Credit Party reaffirms its obligations under the Credit Documents to which it is party The execution, delivery and the validity effectiveness of the Liens granted by it pursuant to the Collateral Documents. This this Amendment shall constitute not, except as expressly provided herein or as provided in the exhibits hereto, operate as a Credit Document for purposes waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Credit Agreement Documents, or constitute a waiver of any provision of any of the Credit Documents. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Agreement, which shall remain in full force and effect, except to any extent modified hereby. 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 Credit Parties from the Credit Documents. From and after the Amendment Effective Date, all references to the Credit Agreement or in any Credit Document and all references in the Credit Agreement to “this Agreement”, THIS AMENDMENT,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, Agreement shall, unless expressly provided otherwise, be deemed to refer to the Amended Agreement. Each of the Credit Parties hereby consents to this Amendment and confirms that all obligations of such Credit Party under the Credit Documents to which such Credit Party is a party shall continue to apply to the 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).hereby. 4 EXECUTION VERSION

Appears in 1 contract

Sources: Forbearance Agreement

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Restated Revolving Credit Agreement, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative AgentSwing Line Lender, the Collateral Agent Issuing Banks or the L/C Issuer, in each case Agents under the Existing Revolving Credit Agreement or any other Credit 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 Existing Revolving Credit Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents Nothing herein shall be deemed to which it is party and the validity entitle any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral Documents. This Amendment shall constitute a Existing Revolving Credit Document for purposes of Agreement, the Restated Revolving Credit Agreement and from or any other Loan Document in similar or different circumstances. (b) On and after the Amendment Restatement Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Restated Revolving Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Existing Revolving Credit Agreement in any other Loan Document shall be deemed a reference to the Restated Revolving Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” for all purposes of the Restated Revolving 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)other Loan Documents.

Appears in 1 contract

Sources: Revolving Credit Agreement (Freeport-McMoran Inc)

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, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the LendersSecured Parties, the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case Borrower under the Credit Security Agreement or any other Credit Loan Document, and (ii) 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 provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under the Credit Documents Nothing herein shall be deemed to which it is party and the validity entitle any Person to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant terms, conditions, obligations, covenants or agreements contained in the Security Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply and be effective only with respect to the Collateral Documentsprovisions 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 mean the Security Agreement as amended hereby. This Amendment shall constitute a Credit Document for 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)Loan Document.

Appears in 1 contract

Sources: Guarantee, Pledge and Security Agreement (Capitala Finance Corp.)

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 or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Issuing Bank, the Collateral Agent Swingline Lender or the L/C Issuer, in each case any Lender under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement which, as amended, supplemented or any other Credit Document. Each and every termotherwise modified hereby, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations effect (it being understood and agreed that all interest and fees accruing under the Existing Credit Documents Agreement in respect of periods prior to which the Restatement Effective Date will accrue at the rates specified in the Existing Credit Agreement prior to it is party and being amended by this Amendment Agreement and, subject to Section 4(g) hereof, be payable at the validity times provided in the Existing Credit Agreement). Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Liens granted by it pursuant to terms, conditions, obligations, covenants or agreements contained in the Collateral DocumentsExisting Credit Agreement, the Restated Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment Agreement shall constitute a Credit Loan Document for all purposes of the Restated Credit Agreement and from Agreement. On and after the Amendment Restatement Effective Date, all references any reference to the Existing Credit Agreement in any Credit Loan Document and all references in the Credit Agreement shall be deemed to “this Agreement”, “hereunder”, “hereof” or words of like import referring be a reference to the Restated 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 1 contract

Sources: Credit Agreement (Amerisourcebergen Corp)

Effect of Amendment. 7.1. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit 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 Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effectaffect. Each The Parent 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 after giving effect to this Amendment ), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. 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 Party reaffirms its Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral DocumentsAgreement or any other Loan Document. 7.2. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by this 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). 7.3. Except as expressly provided herein or in the Amended Credit Agreement, the New Revolving Commitments and New Revolving Loans shall be subject to the extent provided in Section 3(A) terms and 3(B), from and after provisions of the Scheduled End Date Amended Credit Agreement 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Wolverine World Wide Inc /De/)

Effect of Amendment. 6.1. Except as expressly set forth hereinherein and in the Amended Credit Agreement, (i) neither this Amendment nor the Amended Credit Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, the Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit Loan Document, and (ii) shall not or 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 Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Credit Document is hereby Loan Document, all of which are ratified and re-affirmed in all respects and shall continue in full force and effectaffect. Each The Parent Borrower and each other Loan Party 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), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment, except as provided in the Amended Credit Party reaffirms its Agreement (including, without limitation, Section 10.20 thereof). 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. Except as expressly set forth herein or in the Amended Credit Agreement (including, without limitation, Section 10.20 thereof), nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Documents to which it is party and the validity of the Liens granted by it pursuant to the Collateral DocumentsAgreement or any other Loan Document. 6.2. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement and from On and after the Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the Credit Agreement, shall, unless expressly provided otherwise, refer Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended by this hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents (and as defined in the Amended Credit Agreement). 6.3. Except as expressly provided herein or in the Amended Credit Agreement, the Amended Facilities shall be subject to the extent provided in Section 3(A) terms and 3(B), from and after provisions of the Scheduled End Date Amended Credit Agreement 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)other Loan Documents.

Appears in 1 contract

Sources: Replacement Facility Amendment (Trimas Corp)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under The parties hereto acknowledge and agree that the amendment of the Credit Documents to which it is party and the validity of the Liens granted by it Agreement pursuant to the Collateral Documents. This this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a Credit Document for purposes novation of the Credit Agreement and from the other Loan Documents as in effect prior to the Third Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Third Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Amended 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 referring in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” for all purposes of 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Vacasa, Inc.)

Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the LendersLenders or the Administrative Agent under the Amended Credit Agreement, the Administrative Agent, the Guarantee and Collateral Agent or the L/C Issuer, in each case under the Credit Agreement or any other Credit Loan Document, and (ii) 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 either such agreement the Credit Agreement, the Guarantee and Collateral Agreement or of any other Credit Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby all of which are ratified and re-affirmed in all respects and shall continue in full force and effecteffect and this Amendment shall not be considered a novation. Each Credit Party reaffirms its obligations under Except as expressly set forth herein, nothing herein shall be deemed to be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Documents to which it is party Agreement, the Guarantee and the validity of the Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Agreement or any other Loan Document for purposes of the Credit Agreement and from in similar or different circumstances. (b) From and after the Amendment No. 6 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import referring import, and each reference to the “Credit Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” for all purposes of the Amended 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)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Tempur Sealy International, Inc.)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent Lenders or the L/C Issuer, in each case Administrative Agents under the Credit Agreement or any other Credit 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 Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under The parties hereto acknowledge and agree that the amendment of the Credit Documents to which it is party and the validity of the Liens granted by it Agreement pursuant to the Collateral Documents. This this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a Credit Document for purposes novation of the Credit Agreement and from the other Loan Documents as in effect prior to the Third Refinancing Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle 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. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. (b) On and after the Third Refinancing Amendment Effective Date, all references to the Credit Agreement in any Credit Document and all references each 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 referring in any other Loan Document, shall be deemed a reference to the Credit Agreement, shall, unless expressly provided otherwise, refer as amended hereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of 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 a “Loan Document” for all purposes of the Credit Agreement as amended by the 50% Pricing Amendments and the Full Pricing Amendments, respectively)other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Dell Technologies Inc)

Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lendersof, the Administrative Agent, the Collateral Agent, the Lenders or any Agent or the L/C Issuer, in each case Affiliate under the Existing Credit Agreement or any other Credit 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 Existing Credit Agreement or any other provision Loan Document, all of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Credit Document is hereby which are ratified and re-affirmed in all respects and shall continue in full force and effect. Each Credit Party reaffirms its obligations under Nothing herein shall be deemed to establish a precedent for purposes of interpreting the Credit Documents to which it is party and the validity provisions of the Liens granted by it pursuant Existing Credit Agreement or entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Collateral Documentsterms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a Credit Document for purposes apply to and be effective only with respect to the provisions of the Existing Credit Agreement and from the other Loan Documents specifically referred to herein. (b) On and after the Amendment No. 1 Effective Date, all references to the Credit Agreement in any Credit Document and all references each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Existing Credit Agreement, “thereunder”, “thereof”, “therein” or words of like import referring in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement, shall, unless expressly provided otherwise, refer to . This Amendment shall constitute a “Loan Document” for all purposes of the Existing 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)other Loan Documents.

Appears in 1 contract

Sources: Revolving Credit Agreement (Revlon Consumer Products Corp)