Effectiveness; Entire Agreement. This Agreement shall become effective upon the execution of a counterpart hereof by each of the parties hereto and receipt by Borrower and Administrative Agent of written or telephonic notification of such execution and authorization of delivery thereof. With the exception of those terms, which by the terms of the Commitment Letter remain in full force and effect, all of the obligations of the Arrangers and their Affiliates under the Commitment Letter shall terminate and be superseded by the Credit Documents and the Arrangers and their Affiliates shall be released from all liability in connection therewith, including any claim for injury or damages, whether consequential, special, direct, indirect, punitive or otherwise. This Agreement and the other Credit Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof, including any commitment advices submitted by Lenders (but do not supersede any other provisions of the Commitment Letter except as set forth above (or any separate letter agreements with respect to fees payable to the Arrangers or Administrative Agent) that do not by the terms of such documents terminate upon the effectiveness of this Agreement, all of which provisions shall remain in full force and effect).
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Samples: Credit and Guarantee Agreement (Kraton Corp), Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)
Effectiveness; Entire Agreement. This Agreement shall become effective upon when it shall have been executed by the execution Administrative Agent and there shall have been delivered to the Administrative Agent counterparts hereof that, when taken together, bear the signatures of a counterpart hereof by each of the other parties hereto and receipt hereto. Delivery of an executed counterpart of a signature page of this Agreement by Borrower and Administrative Agent of written facsimile or telephonic notification of such execution and authorization of delivery thereof. With the exception of those terms, which by the terms of the Commitment Letter remain in full force and effect, all of the obligations of the Arrangers and their Affiliates under the Commitment Letter shall terminate and be superseded by the Credit Documents and the Arrangers and their Affiliates other electronic imaging shall be released from all liability in connection therewith, including any claim for injury or damages, whether consequential, special, direct, indirect, punitive or otherwiseeffective as delivery of a manually executed counterpart of this Agreement. This Agreement and the other Credit Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof, including any commitment advices submitted by Lenders hereof (but do not supersede any other provisions of any commitment letter, indemnity letter or fee letter by or among the Commitment Letter except as set forth above (Company or any separate letter agreements with respect to fees payable to other Credit Party and any Agent, Arranger or Bookrunner or any Affiliate of any of the Arrangers or Administrative Agent) foregoing that do not by the terms of such documents terminate upon are stated to survive the effectiveness of this Agreement, all of which provisions shall remain in full force and effect)) and the Agents, the Arrangers, the Bookrunners and their respective Affiliates shall be released from all liability in connection therewith, including any claim for injury or damages, whether consequential, special, direct, indirect, punitive or otherwise.
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Effectiveness; Entire Agreement. This Subject to Section 3, this Agreement shall become effective upon when it shall have been executed by the execution Administrative Agent and there shall have been delivered to the Administrative Agent counterparts hereof that, when taken together, bear the signatures of a counterpart hereof by each of the other parties hereto and receipt hereto. Delivery of an executed counterpart of a signature page of this Agreement by Borrower and Administrative Agent of written facsimile or telephonic notification of such execution and authorization of delivery thereof. With the exception of those terms, which by the terms of the Commitment Letter remain in full force and effect, all of the obligations of the Arrangers and their Affiliates under the Commitment Letter shall terminate and be superseded by the Credit Documents and the Arrangers and their Affiliates other electronic imaging shall be released from all liability in connection therewith, including any claim for injury or damages, whether consequential, special, direct, indirect, punitive or otherwiseeffective as delivery of a manually executed counterpart of this Agreement. This Agreement and the other Credit Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof, including any commitment advices submitted by Lenders hereof (but do not supersede any other provisions of the Commitment Letter except as set forth above (or any separate letter agreements with respect to fees payable to the Arrangers or Administrative Agent) that do not by the terms of such documents terminate upon the effectiveness of this Agreement, all of which provisions shall remain in full force and effecteffect (such terms, the “Surviving Terms”)). With the exception of the Surviving Terms, all obligations of the Arrangers and their respective Related Parties under the Commitment Letter shall terminate and be superseded by the Credit Documents, and the Arrangers and their respective Related Parties shall be released from all liability in connection therewith, including any claim for injury or damages, whether consequential, special, direct, indirect, punitive or otherwise. Borrower hereby assumes all obligations of Parent and Clopay Acquisition Corp. under the Commitment Letter with respect to the Surviving Terms.
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