Existing Agreements Superseded; Exhibits and Schedules. (a) The Original Credit Agreement, including the schedules thereto, is superseded by this Agreement, including the schedules hereto, which has been executed in amendment, restatement and modification of, but not in novation or extinguishment of, the obligations under the Original Credit Agreement. It is the express intention of the parties hereto to reaffirm the indebtedness and other obligations created under the Original Credit Agreement. Any and all outstanding amounts under the Original Credit Agreement including, but not limited to principal, accrued interest, fees (except as otherwise provided herein) and other charges, as of the Closing Date shall be carried over and deemed outstanding under this Agreement.
(b) Each Credit Party reaffirms its obligations under each Financing Document to which it is a party, including but not limited to the Security Documents and the schedules thereto.
(c) Each Credit Party acknowledges and confirms that (i) the Liens and security interests granted pursuant to the Financing Documents secure the indebtedness, liabilities and obligations of the Borrowers and the other Credit Parties to Agent and the Lenders under the Original Credit Agreement, as amended and restated hereby, and that the term “Obligations” as used in the Financing Documents (or any other term used therein to describe or refer to the indebtedness, liabilities and obligations of the Borrowers to Agent and the Lenders) includes, without limitation, the indebtedness, liabilities and obligations of the Borrowers under this Agreement and the Notes to be delivered hereunder, if any, and under the Original Credit Agreement, as amended and restated hereby, as the same further may be amended, restated, supplemented and/or modified from time to time, and (ii) the grants of Liens under and pursuant to the Financing Documents shall continue unaltered, and each other Financing Document shall continue in full force and effect in accordance with its terms unless otherwise amended by the parties thereto, and the parties hereto hereby ratify and confirm the terms thereof as being in full force and effect and unaltered by this Agreement and all references in the any of the Financing Documents to the “Credit Agreement” shall be deemed to refer to this Amended and Restated Credit Agreement.
(d) Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Original Credit Agreement or the other Financing Documents. Nothin...
Existing Agreements Superseded; Exhibits and Schedules. (a) The Original Credit Agreement, including the schedules thereto, is superseded by this Agreement, including the schedules hereto, which has been executed in renewal, amendment, restatement and modification of, but not in novation or extinguishment of, the obligations under the Original Credit Agreement. Any and all outstanding amounts under the Original Credit Agreement including, but not limited to principal, accrued interest, fees and other charges, as of the Closing Date shall be carried over and deemed outstanding under this Agreement.
(b) Each Loan Party reaffirms its obligations under the Environmental Indemnity and each Loan Document to which it is a party, including but not limited to the Security Agreement and the schedules thereto.
(c) Each Loan Party agrees that each Loan Document (other than this Agreement) to which it is a party shall remain in full force and effect following the execution and delivery of this Agreement and that all references in the Environmental Indemnity and any of the Loan Documents to the “Credit Agreement” shall be deemed to refer to this Amended and Restated Credit Agreement.
Existing Agreements Superseded; Exhibits and Schedules. (a) The Original Loan Agreement, including the schedules thereto, is superseded by this Agreement (including the schedules hereto), which has been executed in renewal, amendment, restatement and modification of, but not in novation or extinguishment of, the obligations under the Original Loan Agreement. Any and all outstanding amounts under the Original Loan Agreement including, but not limited to principal, accrued interest, fees and other charges, as of the date hereof shall be carried over and deemed outstanding under this Agreement.
(b) Each Borrower reaffirms its obligations under every Loan Document to which it is a party, including but not limited to the Notes, the Pledge Agreement, the Warrant and any schedules thereto, as applicable.
(c) Each Borrower agrees that each Loan Document (other than this Agreement) to which it is a party shall remain in full force and effect following the execution and delivery of this Agreement and that all references in any of the Loan Documents to the “Loan Agreement” shall be deemed to refer to this Amended and Restated Loan Agreement.
Existing Agreements Superseded; Exhibits and Schedules. As and to the extent set forth in Section 1.3, the Existing Limited Guaranty and Pledge Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Existing Limited Guaranty and Pledge Agreement. Each party hereby agrees that the Liens granted to Administrative Agent pursuant to the Existing Limited Guaranty and Pledge Agreement remain in full force and effect to secure the Obligations and hereby are ratified and confirmed in all respects. Such Liens remain and continue to be granted, created, attached, perfected and enforceable, and shall constitute first-priority perfected security interests of Administrative Agent for the benefit of the Secured Parties to the extent required under the Loan Documents. Notwithstanding the foregoing, Guarantor has granted Liens hereunder in favor of Administrative Agent for the benefit of the Secured Parties.
Existing Agreements Superseded; Exhibits and Schedules. (a) As and to the extent set forth in Section 1.3, the Restated Credit Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Restated Credit Agreement.
(b) Except as otherwise referred to herein, all schedules and exhibits to the Restated Credit Agreement shall be incorporated herein and shall be exhibits and schedules hereto. All references in the exhibits to this Agreement or exhibits to other Loan Documents to the Original Credit Agreement or the Restated Credit Agreement shall be deemed to and shall hereinafter refer to this Agreement as subsequently amended, restated, supplemented or modified. Schedule 4.24(h) shall be added to the schedules for this Agreement. Exhibit G-4 shall be added as an additional exhibit for this Agreement.
Existing Agreements Superseded; Exhibits and Schedules. (a) As and to the extent set forth in Section 1.3, the Second Restated Credit Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Second Restated Credit Agreement.
(b) Schedules 4.6 and 4.15, and Exhibits X-0, X-0, J and K to the Second Restated Credit Agreement are hereby deleted from the schedules and exhibits incorporated by reference pursuant to Section 10.21(c) and replaced with Schedules 4.6 and 4.15, and Exhibits X-0, X-0, J and K, attached hereto.
(c) Except as otherwise referred to herein, all schedules and exhibits to the Second Restated Credit Agreement shall, to the extent referenced herein, be incorporated herein and shall be exhibits and schedules hereto. All references in the exhibits to this Agreement or exhibits to other Loan Documents to the Original Credit Agreement, the Restated Credit Agreement or the Second Restated Credit Agreement shall be deemed to and shall hereinafter refer to this Agreement as subsequently amended, restated, supplemented or modified.
Existing Agreements Superseded; Exhibits and Schedules. As and to the extent set forth in Section 1.3, the Existing Guaranty and Collateral Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Existing Guaranty and Collateral Agreement or the Original Guaranty and Collateral Agreement. Each party hereby agrees that the Liens granted to Administrative Agent pursuant to the Existing Original Guaranty and Collateral Agreement and the Original Guaranty and Collateral Agreement remain in full force and effect to secure the Obligations and hereby are ratified and confirmed in all respects. Such Liens remain and continue to be granted, created, attached, perfected and enforceable, and shall constitute first-priority perfected security interests of Administrative Agent for the benefit of the Secured Parties to the extent required under the Loan Documents. Notwithstanding the foregoing, each Grantor that was a party to the Existing Guaranty and Collateral Agreement has granted Liens hereunder in favor of Administrative Agent for the benefit of the Secured Parties.
Existing Agreements Superseded; Exhibits and Schedules. As and to the extent set forth in Section 1.3, the Third Restated Credit Agreement is superseded by this Agreement, which has been executed in renewal, amendment, restatement and modification, but not in novation or extinguishment of, the obligations under the Third Restated Credit Agreement.
Existing Agreements Superseded; Exhibits and Schedules. The Existing Credit Agreement, including the schedules thereto, is superseded by this Agreement, including the schedules hereto, which has been executed in amendment, restatement and modification of, but not in novation or extinguishment of, the obligations under the Existing Credit Agreement. It is the express intention of the parties hereto to reaffirm the indebtedness and other obligations created under the Existing Credit Agreement. Any and all outstanding amounts under the Existing Credit Agreement including, but not limited to principal, accrued interest, fees (except as otherwise provided herein) and other charges, as of the Closing Date shall be carried over and deemed outstanding under this Agreement, including as specifically set forth in Section 2.1.
Existing Agreements Superseded; Exhibits and Schedules
