EFFECTS ON NOTE DOCUMENTS Clause Samples
EFFECTS ON NOTE DOCUMENTS. SECTION 6.1 On and after the Second Amendment Effective Date, (i) each reference in the Amended Note Purchase Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the “Note Purchase Agreement”, and each reference in the other Note Documents to “the Note Purchase Agreement”, “thereunder”, “thereof” or words of like import referring to the “Note Purchase Agreement” shall, in each case, mean and be a reference to the Amended Note Purchase Agreement (ii) the Second Amendment Delayed Draw Notes shall constitute “Notes” under and as defined in the Amended Note Purchase Agreement, (iii) each Second Amendment Delayed Draw Note Purchaser shall constitute a “Purchaser” under and as defined in the Amended Note Purchase Agreement and (iv) the Second Amendment Delayed Draw Note Commitments shall constitute “Commitments” under and as defined in the Amended Note Purchase Agreement.
SECTION 6.2 Except as specifically amended or otherwise modified herein or contemplated hereby, the Existing Note Purchase Agreement and each of the other Note Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect in all respects. Without limiting the generality of the foregoing, all of the Collateral described in the Collateral Documents shall continue to secure the payment of all Obligations. This Amendment shall not constitute a novation of any Obligations existing prior to the date hereof and shall merely amend or otherwise modify such Obligations to the extent set forth herein.
SECTION 6.3 The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Purchaser or the Purchaser Representative under any of the Note Documents, nor constitute a waiver of any provision of any of the Note Documents. On and after the Second Amendment Effective Date, this Amendment shall constitute a Note Document.
EFFECTS ON NOTE DOCUMENTS. (a) On and after the Agreement Effective Date, each reference in any Note Document to “the Note Purchase Agreement” shall mean and be a reference to the Note Purchase Agreement as modified by this Agreement and each reference in the Note Purchase Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Note Purchase Agreement as modified by this Agreement.
(b) Except as specifically modified herein, all Note Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The Obligors reaffirms any prior grant and the validity of any Liens granted by it pursuant to the Note Documents, with all such Liens continuing in full force and effect after giving effect to this Agreement.
(c) The execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any holder or the Collateral Agent under any of the Note Documents, nor constitute a waiver of any provision of the Note Documents or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the holders under the Note Documents. This Agreement and the Note Purchase Agreement as modified by this Agreement shall not constitute a novation of the Note Purchase Agreement or the other Note Documents.
(d) The Obligors and the other parties hereto acknowledge and agree that, on and after the Agreement Effective Date, this Agreement shall constitute a Note Document for all purposes.
EFFECTS ON NOTE DOCUMENTS. SECTION 5.1 On and after the First Amendment Effective Date, each reference in the Amended Note Purchase Agreement or the Amended Note, as applicable, to “this Agreement”, “this Note”, “hereunder”, “hereof”, “herein” or words of like import referring to the “Note Purchase Agreement” or the “Notes”, and each reference in the other documents to “the Note Purchase Agreement”, “the Note”, “thereunder”, “thereof” or words of like import referring to the “Note Purchase Agreement” or the “Notes”, as applicable, shall, in each case, mean and be a reference to the Amended Note Purchase Agreement and the Amended Notes, as applicable.
SECTION 5.2 Except as specifically amended or otherwise modified herein or contemplated hereby, the Existing Note Purchase Agreement and the Existing Notes, as specifically amended by this Amendment, are and shall continue to be in full force and effect in all respects.
SECTION 5.3 The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Holder or the Agent under the Notes Documents, nor constitute a waiver of any provision of any of the Notes Documents.