Common use of Full Force and Effect; Limited Amendment Clause in Contracts

Full Force and Effect; Limited Amendment. Except as expressly amended hereby, all of the representations, warranties, terms, covenants, conditions and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The amendment set forth herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment to, waiver of, consent to or modification of any other terms or provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document or of any transaction or further or future action on the part of the Borrower which would require the consent of the Lenders under the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any of the Loan Documents. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement and each reference in the other Loan Documents to “the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, as modified hereby.

Appears in 3 contracts

Samples: Omnibus Amendment, Omnibus Amendment (Carlyle GMS Finance, Inc.), Omnibus Amendment (Carlyle GMS Finance, Inc.)

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Full Force and Effect; Limited Amendment. Except as expressly amended hereby, all of the representations, warranties, terms, covenants, conditions and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The amendment set forth herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment to, waiver of, consent to or modification of any other terms or provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document or of any transaction or further or future action on the part of the Borrower which would require the consent of the Lenders under the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any of the Loan DocumentsBorrower. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified hereby. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Guarantee and Security Agreement as modified hereby. This Amendment does not constitute a novation or termination of the Credit Agreement or Obligations (as defined in the Existing Guarantee and Security Agreement, as applicable, as modified hereby.) under the Existing Credit Agreement and which remain outstanding. DOCVARIABLE #DNDocID \* MERGEFORMAT 751219326 21683072

Appears in 1 contract

Samples: Revolving Credit Agreement (Hercules Capital, Inc.)

Full Force and Effect; Limited Amendment. i. Except as expressly amended herebyset forth herein, this First Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, any Lender or any other Secured Party under the Amended Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Amended Credit Agreement or of any other Loan Document, all of the representations, warranties, terms, covenants, conditions which are ratified and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged affirmed in all respects and shall continue to be, and shall remain, in full force and effect in accordance with their respective termseffect. The amendment set forth Nothing herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment entitle any Obligor to a consent to, waiver or a waiver, amendment, modification or other change of, consent to or modification of any other terms or provisions of the Existing Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document in similar or of any transaction or further or future action on different circumstances. ii. On the part of the Borrower which would require the consent of the Lenders under the Existing Credit AgreementFirst Amendment Effective Date, the Existing Guarantee and Security Credit Agreement or any of the Loan Documentsshall be amended as provided herein. Upon On and after the execution of this First Amendment by each of the parties heretoEffective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement and each reference in the other Loan Documents to the the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Amended Credit Agreement Agreement. The parties hereto acknowledge and agree that: (i) this First Amendment and any other Loan Documents executed and delivered in connection herewith do not constitute a novation or termination of the “Obligations” or the Existing Guarantee “Guaranteed Obligations” (as defined in the applicable Loan Documents) as in effect prior to the First Amendment Effective Date; (ii) such “Obligations” and Security Agreement, “Guaranteed Obligations” are in all respects continuing with only the terms thereof being modified to the extent expressly provided in this First Amendment and (iii) each Guaranty and the Liens and security interests as applicable, as modified herebygranted under the Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payments of the “Obligations”.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Commercial Vehicle Group, Inc.)

Full Force and Effect; Limited Amendment. Except as expressly amended hereby, all of the representations, warranties, terms, covenants, conditions and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The amendment set forth herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment to, waiver of, consent to or modification of any other terms or provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document or of any transaction or further or future action on the part of the Borrower which would require the consent of the Lenders under the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any of the Loan DocumentsBorrower. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Existing Credit AgreementAgreement as modified hereby. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Guarantee and Security Agreement as modified hereby. This Amendment does not constitute a novation or termination of the Credit Agreement or Obligations (as defined in the Existing Guarantee and Security Agreement) under the Existing Credit Agreement, as applicable, as modified herebywhich remain outstanding.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)

Full Force and Effect; Limited Amendment. (a) Except as expressly amended herebyset forth herein, this Second Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of any Agent, any Lender or any other Secured Party under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of the representations, warranties, terms, covenants, conditions which are ratified and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged affirmed in all respects and shall continue to be, and shall remain, in full force and effect in accordance with their respective termseffect. The amendment set forth Nothing herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment entitle any Loan Party to a consent to, waiver or a waiver, amendment, modification or other change of, consent to or modification of any other terms or provisions of the Existing Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document in similar or of any transaction or further or future action on different circumstances. (b) On the part of the Borrower which would require the consent of the Lenders under the Existing Credit AgreementSecond Amendment Effective Date, the Existing Guarantee and Security Credit Agreement or any of the Loan Documentsshall be amended as provided herein. Upon On and after the execution of this Second Amendment by each of the parties heretoEffective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement and each reference in the other Loan Documents to the the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Credit Agreement as amended by this Second Amendment. The parties hereto acknowledge and agree that: (i) this Second Amendment and any other Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” or the Existing Guarantee “Secured Obligations” (as defined in the applicable Loan Documents) as in effect prior to the Second Amendment Effective Date; (ii) such “Obligations” and Security Agreement“Secured Obligations” are in all respects continuing with only the terms thereof being modified to the extent provided in this Second Amendment; and (iii) the Guaranties and the Liens and security interests as granted under the Loan Documents securing payment of such “Obligations” and “Secured Obligations” are in all such respects continuing in full force and effect and secure the payments of the “Obligations” and “Secured Obligations”, as applicable, as modified herebyrespectively.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Alcatel Lucent)

Full Force and Effect; Limited Amendment. (a) Except as expressly amended hereby, all of the representations, warranties, terms, covenants, conditions and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The amendment amendments set forth herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment to, waiver of, consent to or modification of any other terms term or provisions provision of the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document or of any transaction or further or future action on the part of the Borrower which any Obligor that would require the consent of the Lenders under the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any of the Loan Documents. Upon . (b) From and after the execution of this Amendment by each of Restatement Effective Date, the parties heretoterms “Agreement”, each reference in the Existing Credit Agreement to “this Agreement”, “hereunderherein”, “hereinafter”, “hereto”, “hereof” or and words of like import referring similar import, as used in the Restated Credit Agreement, shall refer to the Existing Credit Agreement as amended and restated in the form of the Restated Credit Agreement, each reference and the term “Credit Agreement”, as used in any Loan Document, shall mean the Existing Guarantee Restated Credit Agreement. From and Security Agreement to after the Restatement Effective Date, the terms “Agreement”, “this Agreement”, “hereunderherein”, “hereinafter”, “hereto”, “hereof” or and words of like import referring to the Existing Guarantee and Security Agreement similar import, as used in any Collateral Document, and each reference to any of the Collateral Documents in any Loan Document, shall refer to the other Loan Documents applicable Collateral Document as amended hereby. (c) The changes to the definition of Applicable Commitment Fee Margin” in Article I of the Restated Credit Agreement”, Agreement effected pursuant to this Agreement shall apply and be effective on and after the Restatement Effective Date. The definition of Guarantee and Security Agreement”, “thereunder”, “thereofApplicable Marginor words in Article I of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean apply and be a reference to effective for the Existing Credit Agreement or period ending on, but not including, the Existing Guarantee and Security Agreement, as applicable, as modified herebyRestatement Effective Date.

Appears in 1 contract

Samples: Amendment Agreement (Weight Watchers International Inc)

Full Force and Effect; Limited Amendment. (a) Except as expressly amended herebyset forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of any Agent, any Lender or any other Secured Party under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of the representations, warranties, terms, covenants, conditions which are ratified and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged affirmed in all respects and shall continue to be, and shall remain, in full force and effect in accordance with their respective termseffect. The amendment set forth Nothing herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment entitle any Loan Party to a consent to, waiver or a waiver, amendment, modification or other change of, consent to or modification of any other terms or provisions of the Existing Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document in similar or of any transaction or further or future action on different circumstances. (b) On the part of the Borrower which would require the consent of the Lenders under First Amendment Effective Date, the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any of the Loan Documentsshall be amended as provided herein. Upon On and after the execution of this First Amendment by each of the parties heretoEffective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement and each reference in the other Loan Documents to the the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Credit Agreement as amended by this Amendment. The parties hereto acknowledge and agree that: (i) this Amendment and any other Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” or the Existing Guarantee “Secured Obligations” (as defined in the applicable Loan Documents) as in effect prior to the First Amendment Effective Date; (ii) such “Obligations” and Security Agreement“Secured Obligations” are in all respects continuing with only the terms thereof being modified to the extent provided in this Amendment; and (iii) the Guaranties and the Liens and security interests as granted under the Loan Documents securing payment of such “Obligations” and “Secured Obligations” are in all such respects continuing in full force and effect and secure the payments of the “Obligations” and “Secured Obligations”, as applicable, as modified herebyrespectively.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Alcatel Lucent)

Full Force and Effect; Limited Amendment. (a) Except as expressly amended herebyset forth herein, this Third Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of any Agent, any Lender or any other Secured Party under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of the representations, warranties, terms, covenants, conditions which are ratified and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged affirmed in all respects and shall continue to be, and shall remain, in full force and effect in accordance with their respective termseffect. The amendment set forth Nothing herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment entitle any Loan Party to a consent to, waiver or a waiver, amendment, modification or other change of, consent to or modification of any other terms or provisions of the Existing Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document in similar or of any transaction or further or future action on different circumstances. (b) On the part of the Borrower which would require the consent of the Lenders under the Existing Credit AgreementThird Amendment Effective Date, the Existing Guarantee and Security Credit Agreement or any of the Loan Documentsshall be amended as provided herein. Upon On and after the execution of this Third Amendment by each of the parties heretoEffective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement and each reference in the other Loan Documents to the the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Credit Agreement as amended by this Third Amendment. The parties hereto acknowledge and agree that: (i) this Third Amendment and any other Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” or the Existing Guarantee “Secured Obligations” (as defined in the applicable Loan Documents) as in effect prior to the Third Amendment Effective Date; (ii) such “Obligations” and Security Agreement, “Secured Obligations” are in all respects continuing with only the terms thereof being modified to the extent provided in this Third Amendment; and (iii) the Guaranties and the Liens and security interests as applicable, as modified hereby.granted under the Loan Documents securing payment of such

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Alcatel Lucent)

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Full Force and Effect; Limited Amendment. (i) Except as expressly amended herebyset forth herein, all this Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the representationsLenders, warrantiesthe Administrative Agents or the Collateral Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, covenantsconditions, conditions and obligations, covenants or agreements contained in the Existing Credit Agreement or any other provisions provision of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the or of any other Loan Documents shall remain unchanged Document, all of which are ratified and affirmed in all respects and shall continue to be, and shall remain, in full force and effect in accordance with their respective termseffect. The amendment set forth Nothing herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment entitle the Company to a consent to, waiver or a waiver, amendment, modification or other change of, consent to any of the terms, conditions, obligations, covenants or modification of any other terms or provisions of agreements contained in the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document in similar or of different circumstances. (ii) The parties hereto acknowledge and agree that (i) this Agreement and any transaction other Loan Documents executed and delivered in connection herewith do not constitute a novation, or further or future action on the part termination of the Borrower which would require “Obligations” (as defined in the consent of the Lenders Loan Documents) under the Existing Credit Agreement as in effect prior to the Second Restatement Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent provided in this Agreement, ; and (iii) the Existing Guarantee Liens and Security Agreement or any security interests as granted under the Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payments of the Loan Documents. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing Credit Agreement to this AgreementObligations, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement and each reference in the other Loan Documents to “the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, as modified hereby.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Ferro Corp)

Full Force and Effect; Limited Amendment. Except as expressly amended hereby, all of the representations, warranties, terms, covenants, conditions and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The amendment set forth herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment to, waiver of, consent to or modification of any other terms or provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document or of any transaction or further or future action on the part of the Borrower which would require the consent of the Lenders under the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any of the Loan DocumentsBorrower. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified hereby. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Guarantee and Security Agreement as modified hereby. This Amendment does not constitute a novation or termination of the Credit Agreement or Obligations (as defined in the Existing Guarantee and Security Agreement, as applicable, as modified hereby) under the Existing Credit Agreement and which remain outstanding.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.)

Full Force and Effect; Limited Amendment. Except as expressly amended hereby, all of the representations, warranties, terms, covenants, conditions and other provisions of the Existing Credit Agreement, the Existing Guarantee Purchase and Security Sale Agreement and the other Loan Facility Documents shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The amendment set forth herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment to, waiver of, consent to or modification of any other terms or provisions of the Existing Credit Agreement, the Existing Guarantee Purchase and Security Sale Agreement or any other Loan Facility Document or of any transaction or further or future action on the part of the Borrower which would require the consent of the Lenders under the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any of the Loan DocumentsBorrower. Upon and after the execution of this Amendment by each of the parties hereto, each reference in the Existing (i) Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, and each reference in the Existing Guarantee other Facility Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and Security be a reference to the Credit Agreement as modified hereby, and (ii) Purchase and Sale Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee Purchase and Security Agreement Sale Agreement, and each reference in the other Loan Facility Documents to “the Credit Agreement”, “Guarantee Purchase and Security Sale Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee Purchase and Security Sale Agreement, as applicable, shall mean and be a reference to the Existing Credit Purchase and Sale Agreement or the Existing Guarantee and Security Agreement, as applicable, as modified hereby.

Appears in 1 contract

Samples: First Omnibus Amendment (Pennantpark Investment Corp)

Full Force and Effect; Limited Amendment. (a) Except as expressly amended herebyset forth herein, this Amendment No. 4 shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders, the Administrative Agents or the Collateral Agent under the Credit Agreement or any other Loan Document, and 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 provision of the Credit Agreement or of any other Loan Document, all of the representations, warranties, terms, covenants, conditions which are ratified and other provisions of the Existing Credit Agreement, the Existing Guarantee and Security Agreement and the other Loan Documents shall remain unchanged affirmed in all respects and shall continue to be, and shall remain, in full force and effect in accordance with their respective termseffect. The amendment set forth Nothing herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment entitle the Company to a consent to, waiver or a waiver, amendment, modification or other change of, consent to or modification of any other terms or provisions of the Existing terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Existing Guarantee and Security Agreement or any other Loan Document in similar or of any transaction or further or future action on different circumstances. (b) On the part of the Borrower which would require the consent of the Lenders under Amendment No. 4 Effective Date, the Existing Credit Agreement, the Existing Guarantee and Security Agreement or any of the Loan Documentsshall be amended as provided herein. Upon On and after the execution of this Amendment by each of the parties heretoNo. 4 Effective Date, each reference in the Existing Credit Agreement to “this AgreementAmendment No. 4”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, each reference in the Existing Guarantee and Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Guarantee and Security Agreement and each reference in the other Loan Documents to the the Credit Agreement”, “Guarantee and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement or the Existing Guarantee and Security Agreement, as applicable, shall mean and be a reference to the Existing Credit Agreement as amended by this Amendment. The parties hereto acknowledge and agree that (i) this Amendment No. 4 and any other Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the Existing Guarantee “Obligations” (as defined in the Loan Documents) under the Credit Agreement as in effect prior to the Amendment No. 4 Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent provided in this Amendment No. 4; and Security Agreement, (iii) the Liens and security interests as applicable, as modified herebygranted under the Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payments of the “Obligations”.

Appears in 1 contract

Samples: Credit Agreement (Ferro Corp)

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