Common use of Effects of this Amendment Clause in Contracts

Effects of this Amendment. (a) On the First Amendment Effective Date, the Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment Effective Date has occurred, all references to the Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Agreement as amended by this First Amendment. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (ai) On the First Amendment No. 5 Effective Date, the Credit Agreement and the Security Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment No. 5 Effective Date has occurred, all references to the Credit Agreement and other Loan Documents in any document, instrument, agreement, or writing shall be deemed to refer to the Amended Credit Agreement as amended by this First Amendmentand other Amended Loan Documents. (bii) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower Borrowers other than pursuant to the strict terms of the Amended Credit Agreement and the other Amended Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (a) i. On the First Amendment No. 5 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment No. 5 Effective Date has occurred, all references to the Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Agreement (as amended by this First Amendmenthereby). (b) ii. Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower Borrowers other than pursuant to the strict terms of the Credit Agreement (as amended hereby) and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (a) On and after the First Amendment No. 5 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto to the Credit Agreement shall be governed (i) prior to the First Amendment Effective Date, by the Amended Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First AmendmentAgreement. Once the First Amendment Effective Date has occurred, all All references to the Credit Agreement in any document, instrument, agreement, agreement or writing shall be deemed to refer to the Amended Credit Agreement as amended by this First AmendmentAgreement. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or an amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Amended Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment). This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document and the Credit Agreement shall continue in full force and effect as amended by this Amendment.

Effects of this Amendment. (ai) On the First Amendment No. 4 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment No. 4 Effective Date has occurred, all references to the Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Agreement (as amended by this First Amendmenthereby). (bii) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower Borrowers other than pursuant to the strict terms of the Credit Agreement (as amended hereby) and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (a) On and after the First Amendment No. 4 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto to the Credit Agreement shall be governed (i) prior to the First Amendment Effective Date, by the Amended Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First AmendmentAgreement. Once the First Amendment Effective Date has occurred, all All references to the Credit Agreement in any document, instrument, agreement, agreement or writing shall be deemed to refer to the Amended Credit Agreement as amended by this First AmendmentAgreement. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or an amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Amended Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment). This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document and the Credit Agreement shall continue in full force and effect as amended by this Amendment.

Effects of this Amendment. (a) On the First Amendment Effective Date, the DIP Credit Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment Effective Date has occurred, all references to the DIP Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the DIP Credit Agreement as amended by this First Amendment. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the DIP Credit Agreement or any other Loan Credit Document or of any other term or condition of the DIP Credit Agreement or any other Loan Credit Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the DIP Credit Agreement and the other Loan Credit Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (a) On and after the First Amendment No. 7 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto to the Credit Agreement shall be governed (i) prior to the First Amendment Effective Date, by the Amended Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First AmendmentAgreement. Once the First Amendment Effective Date has occurred, all All references to the Credit Agreement in any document, instrument, agreement, agreement or writing shall be deemed to refer to the Amended Credit Agreement as amended by this First AmendmentAgreement. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or an amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Amended Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment). This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document and the Credit Agreement shall continue in full force and effect as amended by this Amendment.

Effects of this Amendment. (a) On and after the First Amendment No. 3 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto to the Credit Agreement shall be governed (i) prior to the First Amendment Effective Date, by the Amended Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First AmendmentAgreement. Once the First Amendment Effective Date has occurred, all All references to the Credit Agreement in any document, instrument, agreement, agreement or writing shall be deemed to refer to the Amended Credit Agreement as amended by this First AmendmentAgreement. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or an amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Amended Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment). This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document and the Credit Agreement shall continue in full force and effect as amended by this Amendment.

Effects of this Amendment. (a) On and after the First Amendment No. 1 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto to the Credit Agreement shall be governed (i) prior to the First Amendment Effective Date, by the Amended Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First AmendmentAgreement. Once the First Amendment Effective Date has occurred, all All references to the Credit Agreement in any document, instrument, agreement, agreement or writing shall be deemed to refer to the Amended Credit Agreement as amended by this First AmendmentAgreement. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or an amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Amended Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment). The Credit Agreement shall continue in full force and effect as amended by this Amendment.

Effects of this Amendment. (a) i. On the First Amendment No. 4 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment No. 4 Effective Date has occurred, all references to the Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Agreement (as amended by this First Amendmenthereby). (b) ii. Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower Borrowers other than pursuant to the strict terms of the Credit Agreement (as amended hereby) and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (a) i. On the First Amendment No. 1 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment No. 1 Effective Date has occurred, all references to the Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Agreement (as amended by this First Amendmenthereby). (b) ii. Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower Borrowers other than pursuant to the strict terms of the Credit Agreement (as amended hereby) and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (ai) On the First Amendment No. 2 Effective Date, the Credit Agreement and the Security Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment No. 2 Effective Date has occurred, all references to the Credit Agreement and other Loan Documents in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Agreement as amended by this First Amendmentand other Amended Loan Documents. (bii) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower Borrowers other than pursuant to the strict terms of the Amended Credit Agreement and the other Amended Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (a) On the First Second Amendment Effective Date, the Credit Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Second Amendment Effective Date has occurred, all references to the Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Agreement as amended by this First Amendment. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (a) On the First Amendment Effective Date, the Credit Loan Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the First Amendment Effective Date, by the Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First Amendment. Once the First Amendment Effective Date has occurred, all references to the Credit Loan Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Loan Agreement as amended by this First Amendment. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Loan Agreement or any other Loan Document or of any other term or condition of the Credit Loan Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment).

Effects of this Amendment. (a) On and after the First Amendment No. 2 Effective Date, the Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto to the Credit Agreement shall be governed (i) prior to the First Amendment Effective Date, by the Amended Credit Agreement and (ii) on and after the First Amendment Effective Date, by the Credit Agreement as amended by this First AmendmentAgreement. Once the First Amendment Effective Date has occurred, all All references to the Credit Agreement in any document, instrument, agreement, agreement or writing shall be deemed to refer to the Amended Credit Agreement as amended by this First AmendmentAgreement. (b) Other than as specifically provided herein, this First Amendment shall not operate as a waiver or an amendment of any right, power or privilege of the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document or of any other term or condition of the Credit Agreement or any other Loan Document, nor shall the entering into of this First Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This First Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrower other than pursuant to the strict terms of the Amended Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this First Amendment). This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document and the Credit Agreement shall continue in full force and effect as amended by this Amendment.