Common use of Effects on Loan Documents; No Novation Clause in Contracts

Effects on Loan Documents; No Novation. (a) Except as expressly set forth herein, this Restatement Agreement shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Loan Document, all of which shall continue to be in full force and effect and are hereby in all respects ratified and confirmed, except to the extent such Loan Documents are terminated pursuant to the terms of this Restatement Agreement or in connection with the transactions contemplated hereby. (b) The execution, delivery and effectiveness of this Restatement Agreement shall not operate as a waiver of any right, power or remedy of 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 Administrative Agent or the Lenders under the Loan Documents. Nothing herein shall be deemed to entitle any Borrower or any other Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Restated Credit Agreement or any other Loan Document in similar or different circumstances. (c) This Restatement Agreement shall not discharge or release the priority of any Lien granted in favor of the Secured Parties under any Security Document. Nothing expressed or implied in this Restatement Agreement shall be construed as a release or other discharge of any Loan Party under any Loan Document from any of its obligations and liabilities thereunder.

Effects on Loan Documents; No Novation. (a) Except as expressly set forth herein, this Restatement Agreement (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Borrower or any other Loan Party under the Credit Agreement or any other Loan Document and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed, except to the extent such Loan Documents are terminated pursuant to the terms of this Restatement Agreement or in connection with the transactions contemplated hereby. (b) The execution, delivery and effectiveness of this Restatement Agreement shall not operate as a waiver of any right, power or remedy of 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 Administrative Agent or the Lenders under the Loan Documentseffect. Nothing herein shall be deemed to entitle any the Borrower or any other Loan Party to a any future consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Restated Credit Agreement or any other Loan Document in similar or different circumstances. After the Effective Date, any reference in the Loan Documents to the Credit Agreement shall mean the Credit Agreement as modified hereby. This Agreement shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (cb) This Restatement Agreement shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement or discharge or release the priority of any Lien granted in favor Collateral Document. Nothing herein contained shall be construed as a substitution or novation of the Secured Parties Obligations outstanding under the Credit Agreement or any Security Collateral Document, which shall remain in full force and effect, except as modified hereby. Nothing expressed or implied in this Restatement Agreement or any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under any Loan Document from any of its obligations and liabilities thereunder.

Effects on Loan Documents; No Novation. (a) Except as expressly set forth herein, this Restatement Agreement shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement or any other Loan Document, all of which shall continue to be in full force and effect and are hereby in all respects ratified and confirmed, except to the extent such Loan Documents are terminated pursuant to the terms of this Restatement Agreement or in connection with the transactions contemplated hereby. (b) The Except as expressly set forth herein, the execution, delivery and effectiveness of this Restatement Agreement shall not operate as a waiver of any right, power or remedy of 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 Administrative Agent or the Lenders under the Loan Documents. Nothing herein shall be deemed to entitle any the Borrower or any other Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Restated Amended Credit Agreement or any other Loan Document in similar or different circumstances. (c) This Restatement On and after the Fifth Amendment Effective Date, (i) each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the “Credit Agreement”, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement and the Borrower and the other parties hereto acknowledge and agree that this Agreement shall not constitute a Loan Document for all purposes of the Existing Credit Agreement, the Amended Credit Agreement and the other Loan Documents and (ii) this Agreement shall constitute an “Incremental Assumption Agreement” and a “Refinancing Amendment” under and as defined in the Existing Credit Agreement. (d) Except as expressly set forth herein and in the Amended Credit Agreement, neither this Agreement nor the effectiveness of the Amended Credit Agreement shall extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Lien or priority of any Lien granted Security and Guarantee Document or any other security therefor or any guarantee thereof. Except as expressly set forth herein and in favor the Amended Credit Agreement, nothing herein contained shall be construed as a substitution or novation of the Secured Parties Obligations outstanding under any the Existing Credit Agreement or the Security Documentand Guarantee Documents or instruments guaranteeing or securing the same, which shall remain in full force and effect, except as may be expressly modified hereby. Nothing Except as expressly set forth herein and in the Amended Credit Agreement, nothing expressed or implied in this Restatement Agreement, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of any Loan Party under any Loan Document from any of its obligations and liabilities thereunder. (e) Each Loan Party reaffirms each Lien it granted in favor of the Collateral Agent for the benefit of the Secured Parties, and reaffirms each other right and obligation, in each case, under or as set forth in each of the Loan Documents to which such Loan Party is a party, and each such Lien shall secure the “Loan Document Obligations” (as defined in the Amended Credit Agreement), in each case as increased pursuant to the terms of this Agreement and of the Amended Credit Agreement.

Effects on Loan Documents; No Novation. (a) Except as expressly set forth herein, this Restatement Agreement shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement or any other Loan Document, all of which shall continue to be in full force and effect and are hereby in all respects ratified and confirmed, except to the extent such Loan Documents are terminated pursuant to the terms of this Restatement Agreement or in connection with the transactions contemplated hereby. (b) The Except as expressly set forth herein, the execution, delivery and effectiveness of this Restatement Agreement shall not operate as a waiver of any right, power or remedy of 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 Administrative Agent or the Lenders under the Loan Documents. Nothing herein shall be deemed to entitle any the Borrower or any other Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Restated Amended Credit Agreement or any other Loan Document in similar or different circumstances. (c) This Restatement On and after the Third Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the “Credit Agreement”, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement. The Borrower and the other parties hereto acknowledge and agree that this Agreement shall not constitute a Loan Document for all purposes of the Existing Credit Agreement, the Amended Credit Agreement and the other Loan Documents. (d) Neither this Agreement nor the effectiveness of the Amended Credit Agreement shall extinguish the obligations for the payment of money outstanding under the Existing Credit Agreement or discharge or release the Lien or priority of any Lien granted in favor Security and Guarantee Document or any other security therefor or any guarantee thereof. Nothing herein contained shall be construed as a substitution or novation of the Secured Parties Obligations outstanding under any the Existing Credit Agreement or the Security Documentand Guarantee Documents or instruments guaranteeing or securing the same, which shall remain in full force and effect, except as may be expressly modified hereby. Nothing expressed or implied in this Restatement Agreement, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of any Loan Party under any Loan Document from any of its obligations and liabilities thereunder.

Effects on Loan Documents; No Novation. (a) Except as expressly set forth herein, this Restatement Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Borrower or any other Loan Party under the Credit Agreement or any other Loan Document and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed, except to the extent such Loan Documents are terminated pursuant to the terms of this Restatement Agreement or in connection with the transactions contemplated hereby. (b) The execution, delivery and effectiveness of this Restatement Agreement shall not operate as a waiver of any right, power or remedy of 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 Administrative Agent or the Lenders under the Loan Documentseffect. Nothing herein shall be deemed to entitle any the Borrower or any other Loan Party to a any future consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Restated Credit Agreement or any other Loan Document in similar or different circumstances. After the Second Amendment Effective Date, any reference in the Loan Documents to the Credit Agreement shall mean the Credit Agreement as modified hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (cb) This Restatement Agreement Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement or discharge or release the priority of any Lien granted in favor Collateral Document. Nothing herein contained shall be construed as a substitution or novation of the Secured Parties Obligations outstanding under the Credit Agreement or any Security Collateral Document, which shall remain in full force and effect, except as modified hereby. Nothing expressed or implied in this Restatement Agreement Amendment or any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under any Loan Document from any of its obligations and liabilities thereunder.

Effects on Loan Documents; No Novation. (a) Except as expressly set forth herein, this Restatement Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Borrower or any other Loan Party under the Credit Agreement or any other Loan Document and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed, except to the extent such Loan Documents are terminated pursuant to the terms of this Restatement Agreement or in connection with the transactions contemplated hereby. (b) The execution, delivery and effectiveness of this Restatement Agreement shall not operate as a waiver of any right, power or remedy of 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 Administrative Agent or the Lenders under the Loan Documentseffect. Nothing herein shall be deemed to entitle any the Borrower or any other Loan Party to a any future consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Restated Credit Agreement or any other Loan Document in similar or different circumstances. After the First Amendment Effective Date, any reference in the Loan Documents to the Credit Agreement shall mean the Credit Agreement as modified hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (cb) This Restatement Agreement Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement or discharge or release the priority of any Lien granted in favor Collateral Document. Nothing herein contained shall be construed as a substitution or novation of the Secured Parties Obligations outstanding under the Credit Agreement or any Security Collateral Document, which shall remain in full force and effect, except as modified hereby. Nothing expressed or implied in this Restatement Agreement Amendment or any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under any Loan Document from any of its obligations and liabilities thereunder.

Effects on Loan Documents; No Novation. (a) Except as expressly set forth herein, this Restatement Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Borrower or any other Loan Party under the Credit Agreement or any other Loan Document and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed, except to the extent such Loan Documents are terminated pursuant to the terms of this Restatement Agreement or in connection with the transactions contemplated hereby. (b) The execution, delivery and effectiveness of this Restatement Agreement shall not operate as a waiver of any right, power or remedy of 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 Administrative Agent or the Lenders under the Loan Documentseffect. Nothing herein shall be deemed to entitle any the Borrower or any other Loan Party to a any future consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Restated Credit Agreement or any other Loan Document in similar or different circumstances. After the Fourth Amendment Effective Date, any reference in the Loan Documents to the Credit Agreement shall mean the Credit Agreement as modified hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (ca) This Restatement Agreement Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement or discharge or release the priority of any Lien granted in favor Security Document. Nothing herein contained shall be construed as a substitution or novation of the Secured Parties Obligations outstanding under the Credit Agreement or any Security Document, which shall remain in full force and effect, except as modified hereby. Nothing expressed or implied in this Restatement Agreement Amendment or any other document contemplated hereby shall be construed as a release or other discharge of any Loan Party under any Loan Document from any of its obligations and liabilities thereunder.