Effect on Loan Documents. (a) The Credit Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a waiver of, consent to, or a modification or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect. (b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "herein", "hereof" or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereunder", "therein", "thereof' or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby.
Appears in 3 contracts
Samples: Credit Agreement (Erickson Inc.), Credit Agreement (Erickson Inc.), Credit Agreement (Erickson Inc.)
Effect on Loan Documents. (a) The Credit Loan Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, Documents shall be and remain in full force and effect in accordance with their its respective terms and hereby are is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operatenot, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as a waiver of, consent to, or a modification or an amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments Agreement, as in effect prior to the Credit Agreement expressly set forth hereindate hereof. The waivers, consents, and modifications herein are limited to the Credit Agreement specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the other Loan Documents shall remain unchanged and in full force and effectDocuments.
(b) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "herein", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereunder", "therein", "thereof' " or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby.
Appears in 3 contracts
Samples: Loan Agreement (Futurelink Corp), Loan and Security Agreement (Futurelink Corp), Loan and Security Agreement (Futurelink Corp)
Effect on Loan Documents. (a) The Credit Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a waiver of, consent to, or a modification or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect.
(b) Upon On and after the effectiveness of this Amendment, each reference in the Existing Credit Agreement to "“this Agreement", ",” “hereunder", "herein", ",” “hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereunder", "therein", "thereof' or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement and each reference in any other Loan Document to “the Credit Agreement” shall mean and be a reference to the Amended Credit Agreement.
(b) Except as modified and specifically amended hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, Existing Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Existing Lenders under the Loan Documents, except as provided herein.
(d) The Borrowers and the other parties hereto acknowledge and agree that, on and after the Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Livent Corp.), Credit Agreement (Arcadium Lithium PLC)
Effect on Loan Documents. (a) The Credit Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, Documents shall be and remain in full force and effect in accordance with their its respective terms and hereby are is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operatenot, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as a waiver of, consent to, or a modification or an amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments Agreement, as in effect prior to the Credit Agreement expressly set forth hereindate hereof. The waivers, consents, and modifications herein are limited to the Credit Agreement specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Agreement, and shall not operate as a consent to any further or other matter, under the other Loan Documents shall remain unchanged and in full force and effectDocuments.
(b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "herein", "hereof" or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereunder", "therein", "thereof' " or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby.
Appears in 2 contracts
Samples: Loan and Security Agreement (3do Co), Loan and Security Agreement (3do Co)
Effect on Loan Documents. (a) The Credit Agreement, Agreement and this Amendment shall be construed as one and the same instrument. Except as amended herebyherein, the Credit Agreement and each of the other Loan Documents, as amended as of the date hereof, shall be and Documents remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respectsas originally executed. Nothing herein shall act as a waiver of any of the Administrative Agent’s or Required Lenders’ rights under the Loan Document, as amended hereby. The Borrower agrees and acknowledges that the execution, delivery, and performance of this Amendment shall not operatein no way release, except as expressly set forth hereindiminish, impair, reduce, or otherwise affect the obligations of the Borrower under the Loan Documents, as a waiver ofamended hereby, consent to, or a modification or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other which Loan Documents shall remain unchanged and in full force and effect.
(b) Upon and after the effectiveness of this Amendment, on and after the Effective Date, each reference in the Credit Agreement and the other documents delivered in connection therewith to "“this Agreement", ",” “hereunder", ",” “hereof,” “herein", "hereof" ” or words of like import referring to the Credit Agreementimport, and each reference in the other Loan Documents to "the Credit Agreement", "thereunder", "therein", "thereof' or words of like import referring to the Credit AgreementAgreement in any such document or in any other document delivered in connection therewith, shall mean and be a reference to the Credit Agreement such agreement, as modified and amended hereby.
(c) This Amendment is a Loan Document for the purposes of the provisions of the other Loan Documents.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement, as amended hereby, Agreement and each of the other Loan Documents, as amended as of the date hereofamended, modified or waived hereby, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Fourth Amendment shall not operate, except as expressly set forth herein, as a waiver of, consent to, or a modification or amendment of, waiver of any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments The waivers, consents, and modifications herein are limited to the Credit Agreement expressly set forth hereinspecifics hereof, shall not apply with respect to any facts or occurrences other than those on which the Credit Agreement same are based, shall not excuse future non-compliance with the Loan Documents, and shall not operate as a consent to any further or other matter under the other Loan Documents shall remain unchanged and in full force and effectDocuments.
(b) Upon and after the effectiveness of this Fourth Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“herein"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereunder"”, "“therein"”, "“thereof' ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Fourth Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.
(d) This Fourth Amendment is a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Buca Inc /Mn)
Effect on Loan Documents. (a) The Credit Loan Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, Documents shall be and remain in full force and effect in accordance with their its respective terms and hereby are is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operatenot, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as a waiver of, consent to, or a modification or an amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments Agreement, as in effect prior to the Credit Agreement expressly set forth hereindate hereof. The waivers, consents, and modifications herein are limited to the Credit Agreement specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the other Loan Documents shall remain unchanged and in full force and effectDocuments.
(b) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "herein", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereunder", "therein", "thereof' " or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Loan Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, Documents shall be and remain in full force and effect in accordance with their its respective terms and hereby are is ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operatenot, except as expressly set forth herein, operate as a waiver of or, except as expressly set forth herein, as a waiver of, consent to, or a modification or an amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments Agreement, as in effect prior to the Credit Agreement expressly set forth hereindate hereof. The waivers, consents, and modifications herein are limited to the Credit Agreement specifics hereof, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Agreement, and shall not operate as a consent to any further or other matter, under the other Loan Documents shall remain unchanged and in full force and effectDocuments.
(b) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "“this Agreement"”, "“hereunder"”, "“herein"”, "“hereof" ” or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereunder"”, "“therein"”, "“thereof' ” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Loan Agreement as modified or amended hereby.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a waiver of, consent to, or a modification or amendment of, any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect.
(b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“herein"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereunder"”, "“therein"”, "“thereof' ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby.
(c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement and the Guaranty and Security Agreement as modified or amended hereby.
Appears in 1 contract
Samples: Credit Agreement (Erickson Inc.)
Effect on Loan Documents. (a) The Credit Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a waiver of, consent to, or a modification or amendment of, waiver of any right, power, or remedy of Agent or any Lender under the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect.
(b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“herein"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereunder"”, "“therein"”, "“thereof' ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby.
(c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Effect on Loan Documents. (a) The Credit AgreementExcept as specifically amended herein, as amended hereby, and each of all the other Loan Documents, as amended as of the date hereof, Documents shall continue to be and remain in full force and effect and are hereby in accordance with their respective terms and hereby are all respects ratified and confirmed in all respectsconfirmed. The Except as specifically set forth herein, the execution, delivery, delivery and performance effectiveness of this Amendment shall not operate, except as expressly set forth herein, operate as a waiver of, consent to, or a modification or amendment of, of any right, power, power or remedy of Agent or any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan DocumentDocuments. Except for Parent Guarantor and the amendments to the Credit Agreement expressly set forth hereinBorrower, the Credit Agreement on behalf of itself and the other Loan Documents shall remain unchanged Obligors, acknowledge and in full force and effect.
(b) Upon agree that, on and after the effectiveness of First Amendment Effective Date, this AmendmentAmendment shall constitute a Loan Document for all purposes. On and after the First Amendment Effective Date, each reference in the Amended Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof”, “herein", "hereof" ” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to "the “Credit Agreement"”, "“thereunder"”, "therein", "“thereof' ” or words of like import referring to the Existing Credit Agreement, Agreement shall mean and be a reference to the Amended Credit Agreement, and this Amendment and the Amended Credit Agreement shall be read together and construed as modified and amended hereby.a single instrument. Nothing herein
Appears in 1 contract
Samples: Term Loan Agreement
Effect on Loan Documents. (a) The a. Except as contemplated to be supplemented hereby, the Credit Agreement, as amended herebythe Intercompany Subordination Agreement and each other Loan Document shall continue to be, and each of the other Loan Documentsshall remain, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respectseffect. The executionExcept as expressly contemplated hereby, delivery, and performance of this Amendment Agreement shall not operate, except as expressly set forth herein, as be deemed (i) to be a waiver of, or consent to, or a modification or amendment of, of any right, power, other term or remedy condition of Agent or any Lender under the Credit Agreement, the Intercompany Subordination Agreement or any other Loan Document. Except for of the amendments instruments or agreements referred to therein, as the Credit Agreement expressly set forth herein, same may be amended or modified from time to time.
b. Each reference in the Credit Agreement and the other Loan Documents to “Borrower”, “Obligor” or words of like import referring to a Borrower or an Obligor shall remain unchanged include and in full force refer to New Borrower and effect.
(b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement, Intercompany Subordination Agreement or any other Loan Document to "this “Agreement"”, "“hereunder"”, "“herein"”, "“hereof" ”, “thereunder”, “therein”, “thereof”, or words of like import referring to the Credit Agreement, and each reference in the Intercompany Subordination Agreement or any other Loan Documents to "the Credit Agreement", "thereunder", "therein", "thereof' or words of like import referring to the Credit Agreement, Document shall mean and be a reference refer to the Credit Agreement such agreement as modified and amended herebysupplemented by this Agreement.
Appears in 1 contract
Samples: First Lien Term Loan Facility Credit Agreement (Jakks Pacific Inc)