Common use of Existing Credit Agreement Amended and Restated Clause in Contracts

Existing Credit Agreement Amended and Restated. Upon satisfaction of the conditions precedent to the effectiveness of this Agreement, (a) this Agreement shall amend and restate the Existing Credit Agreement in its entirety, (b) the rights and obligations of the parties under the Existing Credit Agreement shall be subsumed within and be governed by this Agreement; provided, however, that each of the Loan Parties, each Agent, each Lender and each Issuing Bank hereby agrees that (i) each of the “Loans” (as such term is defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall, for purposes of this Agreement, be included as Loans hereunder; (ii) each “Letter of Credit” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall be a Letter of Credit hereunder, (iii) all Obligations of the Loan Parties under the Existing Credit Agreement shall remain outstanding, shall constitute continuing Obligations secured by the Collateral, and this Agreement shall not be deemed to evidence or result in a novation or repayment and reborrowing of such Obligations, and (iv) all references to the Existing Credit Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to this Agreement and the provisions hereof.

Existing Credit Agreement Amended and Restated. Upon satisfaction of the conditions precedent to the effectiveness of this Agreement, (a) this This Agreement shall amend and restate the Existing Credit Agreement in its entirety. On the Effective Date, (b) the rights and obligations of the parties under the Existing Credit Agreement shall be subsumed within and be governed by this Agreement; provided, however, that each of the Loan Parties, each Agent, each Lender Loans and each Issuing Bank hereby agrees that (i) each of the “Loans” Swing Line Loans (as such term is terms are defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall, for purposes of this Agreement, be included as Revolving Loans hereunder; (ii) each “Letter of Credit” and Swing Line Loans hereunder and all L/C Obligations (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall be L/C Obligations hereunder. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a Letter of Credit hereundernovation, (iii) all Obligations payment and reborrowing, or termination of the Loan Parties “Obligations” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement shall remain outstanding, shall constitute continuing Obligations secured by as in effect prior to the Collateral, and this Agreement shall not be deemed to evidence or result in a novation or repayment and reborrowing of such ObligationsEffective Date, and (ivb) such “Obligations” are in all references to the Existing Credit Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to respects continuing (as amended and restated hereby) as indebtedness and obligations outstanding under this Agreement and the provisions hereofAgreement.

Existing Credit Agreement Amended and Restated. Upon satisfaction of the conditions precedent to the effectiveness of this Agreement, (a) this This Agreement shall amend and restate the Existing Credit Agreement in its entirety. On the Effective Date, (b) the rights and obligations of the parties under the Existing Credit Agreement shall be subsumed within and be governed by this Agreement; provided, however, that each of the Loan Parties, each Agent, each Lender Revolving Loans and each Issuing Bank hereby agrees that (i) each of the “Loans” Swingline Loans (as such term is defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall, for purposes of this Agreement, be included as Revolving Loans hereunder; (ii) each “Letter of Credit” and Swingline Loans hereunder and all LC Exposure (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall be LC Exposure hereunder. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a Letter of Credit hereundernovation, (iii) all Obligations payment and reborrowing, or termination of the Loan Parties “Obligations” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement shall remain outstanding, shall constitute continuing Obligations secured by as in effect prior to the Collateral, and this Agreement shall not be deemed to evidence or result in a novation or repayment and reborrowing of such ObligationsEffective Date, and (ivb) such “Obligations” are in all references to the Existing Credit Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to respects continuing (as amended and restated hereby) as indebtedness and obligations outstanding under this Agreement and the provisions hereofAgreement.

Existing Credit Agreement Amended and Restated. Upon satisfaction of On the conditions precedent to the effectiveness of this AgreementClosing Date, (a) this Agreement shall amend and restate the Existing Credit Agreement in its entiretyentirety but, (b) for the avoidance of doubt, shall not constitute a novation of the parties’ rights and obligations thereunder. On the Closing Date, the rights and obligations of the parties under hereto evidenced by the Existing Credit Agreement shall be subsumed within and be governed evidenced by this Agreement; providedAgreement and the other Loan Documents, however, that each of the Loan Parties, each Agent, each Lender and each Issuing Bank hereby agrees that (i) each of the “Loans” (as such term is defined in the Existing Credit Agreement) Agreement shall remain outstanding under and be continued as, and converted to, Loans as defined herein and the Existing Letters of Credit Agreement on issued by the Effective Date shall, for purposes of this Agreement, be included as Loans hereunder; (ii) each “Letter of Credit” Fronting Bank (as defined in the Existing Credit Agreement) for the account of the Borrower prior to the Closing Date shall remain issued and outstanding and shall be deemed to be Letters of Credit under this Agreement, and shall bear interest and be subject to such other fees as set forth in this Agreement. All interest and fees and expenses, if any, owing or accruing under or in respect of the Existing Credit Agreement through the Closing Date (including any Eurodollar Breakage Costs, as defined therein) shall be calculated as of the Closing Date (pro-rated in the case of any fractional periods), and shall be paid on the Effective Date shall be a Letter Closing Date. (Remainder of Credit hereunder, (iii) all Obligations of the Loan Parties under the Existing Credit Agreement shall remain outstanding, shall constitute continuing Obligations secured by the Collateral, and this Agreement shall not be deemed to evidence or result in a novation or repayment and reborrowing of such Obligations, and (iv) all references to the Existing Credit Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to this Agreement and the provisions hereof.page intentionally left blank)