Common use of Effectiveness of Amendment and Restatement; No Novation Clause in Contracts

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on the Effective Date. All obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period commencing on the Effective Date shall be governed by the terms and provisions of this Agreement; the obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on as of the Effective Amendment Date. All obligations and rights of the Loan Parties, the Borrower and its Subsidiaries and Administrative Agent and the Lenders arising out of or relating to the period commencing on the Effective Amendment Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Loan PartiesBorrower, the its Subsidiaries, Lenders and Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Amendment Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement restatements provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ Borrower’s or any of its Subsidiary’s obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of Borrower and its Subsidiaries under the Loan Parties under such documents, notes and agreements, and the Loan Parties each Borrower and its Subsidiaries hereby reaffirm reaffirms all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on the Effective Date. All obligations and rights of the Loan Parties, the Administrative Agent Agent, the Issuing Lenders and the Lenders arising out of or relating to the period commencing on the Effective Date shall be governed by the terms and provisions of this Agreement; the obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on as of the Effective DateFourth Amendment and Restatement Date (subject to satisfaction of all of the conditions set forth in Subsection 7.1). All obligations and rights of the Loan Parties, the Administrative Agent Agent, Issuing Lender, Swingline Lender and the Lenders arising out of or relating to the period commencing on the Effective Fourth Amendment and Restatement Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Fourth Amendment and Restatement Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement restatements provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Original Credit Agreement pursuant to this Agreement shall be effective on upon the Effective Datedate hereof. All obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period commencing on the Effective Date date hereof shall be governed by the terms and provisions of this Agreement; the obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Date date hereof shall continue to be governed by the Existing Original Credit Agreement without giving effect to the amendment and restatement provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Original Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Original Security Agreement pursuant to this Agreement shall be effective on the Effective Datedate hereof. All obligations and rights of the Loan Parties, Grantors and the Administrative Agent and the Lenders arising out of or relating to the period commencing on the Effective Date date hereof shall be governed by the terms and provisions of this Agreement; the obligations and rights of the Loan Parties, Grantors and the Administrative Agent and the Lenders arising out of or relating to during the period prior to the Effective Date date hereof shall continue to be governed by the Existing Credit Original Security Agreement without giving effect to the amendment and restatement provided for herein. This Agreement shall not constitute a novation or termination of the Loan PartiesGrantors’ obligations under the Existing Credit Original Security Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties Grantors under such documents, notes and agreements, and the Loan Parties Grantors hereby reaffirm all such obligations and covenants, as amended and restated hereby.. This Agreement does not discharge or release the Administrative Agent’s Liens pursuant to the Original Security Agreement or the priority of any mortgage, pledge, security agreement or any other security therefor. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Grantor from any of its obligations or liabilities as “Grantor” under the Original Security Agreement. It is the intent of the parties that the security interests and Liens granted in the Collateral under and pursuant to the Original Security Agreement shall continue in full force and effect. Each Grantor

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on as of the Effective Amendment Date. All obligations and rights of the Loan Parties, the Administrative Agent Borrower and the Lenders its Significant Subsidiaries and CoBank arising out of or relating to the period commencing on the Effective Amendment Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Loan Parties, the Administrative Agent Borrower and the Lenders its Significant Subsidiaries and CoBank arising out of or relating to the period prior to the Effective Amendment Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement restatements provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ Borrower's or any of its Significant Subsidiary's obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of Borrower and its Significant Subsidiaries under the Loan Parties under such documents, notes and agreements, and the Loan Parties each Borrower and its Significant Subsidiaries hereby reaffirm reaffirms all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Original Credit Agreement pursuant to this Agreement shall be effective on upon the Effective Date. All obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period commencing on the Effective Date shall be governed by the terms and provisions of this AgreementAgreement and the Second Amendment; the obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Date shall continue to be governed by the Existing Original Credit Agreement without giving effect to the amendment and restatement provided for herein. The “Obligations” under the Original Credit Agreement are in all respects continuing with only the terms thereof being modified as provided in this Agreement and, except as expressly provided herein, the Liens as granted under the Security Documents securing payment of such “Obligations” are in all respects continuing and in full force and effect and secure the payment of the Obligations defined herein and are fully ratified and affirmed. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Original Credit Agreement (including, without limitation, the obligations of the Guarantors under §34 of the Original Credit Agreement) or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.. 141

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on as of the Effective DateSecond Amendment Date (subject to satisfaction of all of the conditions set forth in Subsection 7.1 except as provided in Subsection 7.3). All obligations and rights of the Loan Parties, the Administrative Agent Agent, Issuing Lender, Swingline Lender and the Lenders arising out of or relating to the period commencing on the Effective Second Amendment Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Second Amendment Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement restatements provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on as of the Effective DateAmendment Date (subject to satisfaction of all of the conditions set forth in Subsection 7.1, except as provided in the Post-Closing Letter). All obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period commencing on the Effective Amendment Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Amendment Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement restatements provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on upon the Effective Datedate hereof. All obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period commencing on the Effective Date date hereof shall be governed by the terms and provisions of this Agreement; the obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Date date hereof shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on as of the Effective Amendment Date. All obligations and rights of the Loan PartiesBorrower, the Administrative Agent Agent, Issuing Lender and the Lenders arising out of or relating to the period commencing on the Effective Amendment Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Loan PartiesBorrower, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Amendment Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement restatements provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ Borrower’s obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties Borrower under such documents, notes and agreements, and the Loan Parties Borrower hereby reaffirm reaffirms all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on the Effective Closing Date. All obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period commencing on the Effective Closing Date shall be governed by the terms and provisions of this Agreement; the obligations and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Closing Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.

Effectiveness of Amendment and Restatement; No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Agreement shall be effective on as of the Effective DateThird Amendment Date (subject to satisfaction of all of the conditions set forth in Subsection 7.1, except as provided in the Post-Closing Letter). All obligations and rights of the Loan Parties, the Administrative Agent Agent, Issuing Lender, Swingline Lender and the Lenders arising out of or relating to the period commencing on the Effective Third Amendment Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Loan Parties, the Administrative Agent and the Lenders arising out of or relating to the period prior to the Effective Third Amendment Date shall continue to be governed by the Existing Credit Agreement without giving effect to the amendment and restatement restatements provided for herein. This Agreement shall not constitute a novation or termination of the Loan Parties’ obligations under the Existing Credit Agreement or any document, note or agreement executed or delivered in connection therewith, but shall constitute an amendment and restatement of the obligations and covenants of the Loan Parties under such documents, notes and agreements, and the Loan Parties hereby reaffirm all such obligations and covenants, as amended and restated hereby.