Common use of Effect of Restatement Clause in Contracts

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans outstanding under the Original Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Credit Agreement and the other Credit Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (e) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court to the "Credit Agreement" shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (except as expressly provided for herein with respect to the repayment of the Existing Term Loans) under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (ciii) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (eiv) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby, (ai) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (ciii) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (eiv) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Second Amended and Restated Credit Agreement from and after the Third Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Second Amended and Restated Credit Agreement as of the Third Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Second Amended and Restated Credit Agreement and the other Credit Loan Documents as in effect prior to the Third Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Administrative Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this AgreementAgreement as amended and restated.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, shall supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (except as expressly provided for herein with respect to the repayment of the Existing Term Loans) under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby, (ai) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (ciii) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (eiv) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.. 101

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement from and after the Restatement Effective Closing Date with respect to the transactions hereunder Loans and with respect to the Loans Letters of Credit outstanding under the Original Existing Credit Agreement as of the Restatement Effective Closing Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (under and as defined in the Original Existing Credit Agreement Agreement) and the other Credit Documents as in effect prior to the Restatement Effective Date, Closing Date except as expressly provided for in the Amendment Agreement and (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Documents, . The parties hereto further acknowledge and agree that (ci) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Administrative Agent for the benefit of the Secured Parties securing payment of such the Obligations (under and as defined in the Existing Credit Agreement) are in all respects continuing and in full force and effect with respect to all Obligations and (eii) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Documents to the "Existing Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Amended and Restated Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Amended and Restated Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Amended and Restated Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement Agreements from and after the Restatement Effective Closing Date with respect to the transactions hereunder and with respect to the outstanding Loans outstanding under the Original Credit Agreement as and Letters of the Restatement Effective DateCredit. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Credit Agreement Agreements and the other Credit Loan Documents as in effect immediately prior to the Restatement Effective DateClosing Date (except as provided for herein and in the Amendment Agreement with respect to the borrowing of the Term Loans and the prepayment of the outstanding term loans under the Existing Credit Agreements), (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (ciii) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Lenders and the other Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (eiv) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" this Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Revolving Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Existing Revolving Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Revolving Credit Agreement and the other Credit Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the Term Loans and prepayment of the Existing Term Loans, (ai) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (ciii) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (eiv) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Amended and Restated Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Amended and Restated Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Amended and Restated Credit Agreement and the other Credit Loan Documents as in effect prior to the Second Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Administrative Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this AgreementAgreement as amended and restated.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, shall supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that that, except as expressly provided for herein with respect to the borrowing of Term Loans and the repayment of the Existing Term Loans, (a) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (a) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the Additional Term Loans, (a) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations (except as otherwise expressly provided for in the Amendment Agreement) and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder Loans and with respect to the Loans Letters of Credit outstanding under the Original Existing Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the Term Loans and prepayment of the Existing Term Loans, (a) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Existing First Lien Credit Agreement from and after the Restatement Effective Closing Date with respect to the transactions hereunder Loans, Synthetic LC Deposits and with respect to the Loans Synthetic Letters of Credit outstanding under the Original Existing First Lien Credit Agreement as of the Restatement Effective Closing Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Existing First Lien Credit Agreement and the other Credit Documents as in effect prior to the Restatement Effective Closing Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Documents, (c) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent and/or Joint First Lien Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (ed) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Documents to the "Credit Agreement" Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Credit Agreement and Existing Credit Agreement from and after the Third Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Credit Agreement and Existing Credit Agreement as of the Third Restatement Effective Date. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Credit Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Credit Agreement and Existing Credit Agreement and the other Credit Loan Documents as in effect prior to the Third Restatement Effective Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Credit Loan Documents, (ciii) the Guaranties are in all respects continuing and remain in full force and effect with respect to all Obligations, (d) the Liens liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (eiv) all references in the other Credit Documents, any Order or any other order of the Bankruptcy Court Loan Documents to the "Credit Agreement" this Agreement shall be deemed to refer without further amendment to this Agreement.