Common use of Existing Credit Agreements Amended, Restated and Consolidated Clause in Contracts

Existing Credit Agreements Amended, Restated and Consolidated. On the Closing Date, (i) this Agreement shall amend, restate and consolidate the Existing Credit Agreements in their entirety and this Agreement shall not constitute a novation of the parties’ rights and obligations thereunder, (ii) the commitments of the Existing Lenders under the Existing Credit Agreements who elect not to become Lenders under this Agreement shall be terminated, (iii) the loans of the Existing Lenders under the Existing Credit Agreements who elect not to become Lenders under this Agreement shall be deemed to be assigned and reallocated and (iv) the Commitments of each of the Existing Lenders under any Existing Credit Agreement who elect to become Lenders under this Agreement shall be as set forth in Schedule 2.01 (and the outstanding amount of the Loans (as defined in and under each Existing Credit Agreement, without giving effect to any Borrowings of Loans under this Agreement on the Closing Date, but after giving effect to any repayment or reduction thereof with the proceeds of any applicable sources) shall be reallocated in accordance with such Commitments). On the Closing Date, the rights and obligations of the parties hereto evidenced by the Existing Credit Agreements shall be consolidated and evidenced by this Agreement and the other Loan Documents, the “Loans” as defined in each Existing Credit Agreement shall remain outstanding and be continued as, and converted to, Loans, under and as defined in this Agreement, and the Existing Letters of Credit shall remain issued and outstanding and shall be deemed to be Letters of Credit under and as defined in this Agreement, and shall bear interest and be subject to such fees as set forth in this Agreement.

Existing Credit Agreements Amended, Restated and Consolidated. On the Closing Date, (i) this Agreement shall amend, restate and consolidate the Existing Credit Agreements Agreement in their its entirety and this Agreement shall not constitute a novation of the parties’ rights and obligations thereunder, (ii) the commitments of the Existing Lenders under the Existing Credit Agreements who elect not to become Lenders under this Agreement shall be terminated, (iii) the loans of the Existing Lenders under the Existing Credit Agreements who elect not to become Lenders under this Agreement shall be deemed to be assigned and reallocated and (iv) the Commitments of each of the Existing Lenders under any Existing Credit Agreement who elect to become Lenders under this Agreement shall be as set forth in Schedule 2.01 (and the outstanding amount of the Loans (as defined in and under each the Existing Credit Agreement, without giving effect to any Borrowings of Loans under this Agreement on the Closing Date, but after giving effect to any repayment or reduction thereof with the proceeds of any applicable sources) shall be reallocated in accordance with such Commitments). On the Closing Date, the rights and obligations of the parties hereto evidenced by the Existing Credit Agreements Agreement shall be consolidated and evidenced by this Agreement and the other Loan Documents, the “Loans” as defined in each the Existing Credit Agreement shall remain outstanding and be continued as, and converted to, Loans, under and as defined in this Agreement, and the Existing Letters of Credit shall remain issued and outstanding and shall be deemed to be Letters of Credit under and as defined in this Agreement, and shall bear interest and be subject to such fees as set forth in this Agreement.