Common use of Effect of the Amendment Clause in Contracts

Effect of the Amendment. On and after the Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iii) this Agreement shall constitute a “Credit Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Documents. Except as expressly provided in this Agreement, all Credit Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor or the Co-Administrative Agents under any of the Credit Documents, nor constitute a waiver of any provision of the Credit Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Tenth Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iii) this Agreement shall constitute a “Credit Loan Document” for all purposes of the Modified Credit Agreement, the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this Agreement, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement do not constitute a novation but, rather, an amendment of the terms of the Modified Credit Agreement and the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Ninth Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iii) this Agreement shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this Agreement, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Sixth Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement, (iii) each reference to in the Amended Credit Agreement to “Schedule 2.02” shall refer to Schedule 2.02 as amended pursuant to this Agreement and (iiiiv) this Agreement shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this Agreement, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement Amendment do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Twelfth Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iii) this Agreement shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this Agreement, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Amendment No. 3 2 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iii) this Agreement shall constitute a “Credit Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Documents. Except as expressly provided in this Agreement, all Credit Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor or the Co-Administrative Agents under any of the Credit Documents, nor constitute a waiver of any provision of the Credit Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Seventh Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement Agreement, and (iii) this Agreement shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this Agreement, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement Amendment do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Eleventh Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iii) this Agreement shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this Agreement, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the First Amendment No. 3 Effective Date, (ia) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (iib) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iiic) this Agreement Amendment shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this AgreementAmendment, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement Amendment shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement Amendment do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iii) this Agreement shall constitute a “Credit Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Documents. Except as expressly provided in this Agreement, all Credit Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor or the Co-Administrative Agents Agent under any of the Credit Documents, nor constitute a waiver of any provision of the Credit Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Eighth Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iii) this Agreement shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this Agreement, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement Amendment do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Fifth Amendment No. 3 Effective Date, (i) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (ii) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and Agreement, (iii) this Agreement shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this Agreement, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement Amendment do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.

Effect of the Amendment. On and after the Amendment No. 3 Effective Date, (ia) each reference to the “Credit Agreement” in any Credit Loan Document shall be deemed to be a reference to the Amended DIP Credit Agreement, (iib) the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof”, and words of similar import, as used in the Amended DIP Credit Agreement, shall, unless the context otherwise requires, mean the Amended DIP Credit Agreement and (iiic) this Agreement Amendment shall constitute a “Credit Loan Document” for all purposes of the Amended DIP Credit Agreement and the other Credit Loan Documents. Except as expressly provided in this AgreementAmendment, all Credit Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Agreement Amendment shall not operate as a waiver of any right, power or remedy of any DIP Creditor Lender or the Co-Administrative Agents Agent under any of the Credit Loan Documents, nor constitute a waiver of any provision of the Credit Loan Documents. Each of the parties hereto acknowledges and agrees that the terms of this Agreement Amendment do not constitute a novation but, rather, an amendment of the terms of the Existing DIP Credit Agreement.