Common use of Effect of Restatement Clause in Contracts

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date. The parties hereto acknowledge and agree, however, that (i) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (ii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iii) 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 (iv) all references in the other Loan Documents 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 Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby, (i) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (ii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iii) 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 (iv) all references in the other Loan Documents 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 Existing Original 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 Existing Original Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that (ia) this Agreement and all other Loan Credit 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 Existing Original Credit Agreement and the other Loan Credit Documents as in effect prior to the Restatement Effective Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Credit Documents, (iiic) the liens 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 (ive) all references in the other Loan Documents Credit Documents, any Order or any other order of the Bankruptcy Court 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 Existing Original Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the all Loans and Letters of Credit outstanding under the Existing Original 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 repayment of the Existing Loans (iwhich, for greater certainty, will constitute a repayment of new obligations of the Borrower hereunder), (a) this Agreement and all other Loan Financing 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 any of the Existing Term Loans) obligations of the Borrower under the Existing Original Credit Agreement and the other Loan Financing Documents as in effect prior to the Restatement Date, Effective Date and (iib) such Obligations obligations of the Borrower are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Financing Documents, . The parties hereto further acknowledge and agree that (iiii) the liens and security interests in favor of the Collateral Administrative Agent and/or the Lenders (for the benefit of the Secured Parties secured parties thereunder) securing payment of such Obligations the obligations of the Borrower under the Original Credit Agreement are in all respects continuing and in full force and effect with respect to all Obligations such obligations of the Borrower and (ivii) all references in the other Loan Financing Documents to the Original 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 Existing 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 Existing Amended and Restated Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (ia) this Agreement and all other 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 Existing Amended and Restated Credit Agreement and the other Loan Documents as in effect prior to the Restatement Effective Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iiic) 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 (ivd) all references in the other Loan Documents 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 Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (ia) this Agreement and all other 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 Existing Credit Agreement (except as otherwise expressly provided with respect to the Existing Term Loan Refinancing) and the other Loan Documents as in effect prior to the Second Restatement Date, (iib) such Obligations (except as otherwise expressly provided with respect to the Existing Term Loan Refinancing) are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iiic) 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 (except as otherwise expressly provided with respect to the Existing Term Loan Refinancing) and (ivd) all references in the other Loan Documents 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 Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement 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, (ia) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iiic) 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 (ivd) all references in the other Loan Documents 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, shall supersede the Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement 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, (ia) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iiic) 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 (ivd) all references in the other Loan Documents 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 Existing Credit Agreement Agreements from and after the Restatement Closing Date with respect to the transactions hereunder and with respect to the outstanding Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement DateCredit. The parties hereto acknowledge and agree, however, that (i) this Agreement and all other 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 Existing Credit Agreement Agreements and the other Loan Documents as in effect immediately prior to the Restatement 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), (ii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iii) the 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 (iv) all references in the other Loan Documents to the Credit 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 Existing 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 Existing Amended and Restated Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (ia) this Agreement and all other 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 Existing Amended and Restated Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Effective Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iiic) the 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 (ivd) all references in the other Loan Documents to the Credit 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, supersede the Existing Credit Agreement from and after the Restatement Closing Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Closing Date. The parties hereto acknowledge and agree, however, that (ia) this Agreement and all other Loan Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (except under and as expressly provided for herein with respect to the repayment of the Existing Term Loans) under defined in the Existing Credit Agreement Agreement) and the other Loan Credit Documents as in effect prior to the Restatement Date, Closing Date except as expressly provided for in the Amendment Agreement and (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Credit Documents, . The parties hereto further acknowledge and agree that (iiii) the 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 (ivii) all references in the other Loan Credit Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to this Agreement.. [This space intentionally left blank]

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the 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 Existing Revolving Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that (ia) this Agreement and all other Loan Credit 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 Existing Revolving Credit Agreement and the other Loan Credit Documents as in effect prior to the Restatement Effective Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Credit Documents, (iiic) 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 (ivd) all references in the other Loan Credit Documents 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 Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby, (i) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (ii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iii) 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 (iv) all references in the other Loan Documents to the Credit 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 Existing First Lien Credit Agreement from and after the Restatement Closing Date with respect to the transactions hereunder Loans, Synthetic LC Deposits and with respect to the Loans and Synthetic Letters of Credit outstanding under the Existing First Lien Credit Agreement as of the Restatement Closing Date. The parties hereto acknowledge and agree, however, that (ia) this Agreement and all other Loan Credit 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 Existing First Lien Credit Agreement and the other Loan Credit Documents as in effect prior to the Restatement Closing Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Credit Documents, (iiic) the 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 (ivd) all references in the other Loan Credit Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.. 141

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, shall supersede the Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement Date. The parties hereto acknowledge and agree, however, that (ia) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iiic) 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 (ivd) all references in the other Loan Documents 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 Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement 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, (i) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (ii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iii) 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 (iv) all references in the other Loan Documents 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 Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement 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, (ia) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iiic) 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 (except as otherwise expressly provided for in the Amendment Agreement) and (ivd) all references in the other Loan Documents 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 Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Credit Agreement as of the Restatement 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, (ia) this Agreement and all other 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (iib) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (iiic) 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 (ivd) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.