Interrelationship with the Existing Credit Agreement. As stated in the preamble hereof, this Agreement is intended to amend and restate the provisions of the Existing Credit Agreement and, except as expressly modified herein, (x) all of the terms and provisions of the Existing Credit Agreement shall continue to apply for the period prior to the Closing Date, including any determinations of payment dates, interest rates, Events of Default or any amount that may be payable to Agent or the Lenders, (y) the Obligations under the Existing Credit Agreement shall continue to be paid or prepaid on or prior to the Closing Date, and shall from and after the Closing Date continue to be owing and be subject to the terms of this Agreement and (z) this Agreement shall not be deemed to evidence or result in a novation or repayment of the Revolving Loans under the Existing Credit Agreement and reborrowing hereunder, but Obligations under the Existing Credit Agreement and Liens securing payment and performance thereof shall in all respects be continuing as Obligations under this Agreement and Liens securing payment and performance thereof. All references in the other Loan Documents and the Loan Documents executed in connection with the Existing Credit Agreement to (i) the Existing Credit Agreement or the “Credit Agreement” shall be deemed to include references to this Agreement and (ii) the “Lenders” or a “Lender” or to the “Agent” shall mean such terms as defined in this Agreement. All Obligations of the Borrower under the Existing Credit Agreement shall be governed by this Agreement from and after the Closing Date. The Loan Documents delivered in connection with this Agreement shall supersede the corresponding Loan Documents delivered in connection with the Existing Credit Agreement. The Loan Documents executed in connection with the Existing Credit Agreement that are not superseded by corresponding Loan Documents executed and delivered in connection with this Agreement shall remain in full force and effect. All references to the Existing Credit Agreement in the Loan Documents executed in connection with the Existing Credit Agreement that are not expressly superseded by deliveries of such new Loan Documents shall be deemed to refer to this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Navarre Corp /Mn/), Credit Agreement (Navarre Corp /Mn/), Credit Agreement (Navarre Corp /Mn/)
Interrelationship with the Existing Credit Agreement. As stated in the preamble hereof, this Agreement is intended to amend and restate the provisions of the Existing Credit Agreement and, except as expressly modified herein, (x) all of the terms and provisions of the Existing Credit Agreement shall continue to apply for the period prior to the Closing Date, including any determinations of payment dates, interest rates, Events of Default or any amount that may be payable to Agent or the Lenders, (y) the Obligations under the Existing Credit Agreement shall continue to be paid or prepaid on or prior to the Closing Date, and shall from and after the Closing Date continue to be owing and be subject to the terms of this Agreement and (z) this Agreement shall not be deemed to evidence or result in a novation or repayment of the Revolving Loans under the Existing Credit Agreement and reborrowing hereunder, but Obligations under the Existing Credit Agreement and Liens securing payment and performance thereof shall in all respects be continuing as Obligations under this Agreement and Liens securing payment and performance thereof. All references in the other Loan Documents and the Loan Documents executed in connection with the Existing Credit Agreement to (i) the Existing Credit Agreement or the “Credit Agreement” shall be deemed to include references to this Agreement and (ii) the “Lenders” or a “Lender” or to the “Agent” shall mean such terms as defined in this Agreement. All Obligations of the Borrower under the Existing Credit Agreement shall be governed by this Agreement from and after the Closing Date. The Loan Documents delivered in connection with this Agreement shall supersede the corresponding Loan Documents delivered in connection with the Existing Credit Agreement. The Loan Documents executed in connection with the Existing Credit Agreement that are not superseded by corresponding Loan Documents executed and delivered in connection with this Agreement shall remain in full force and effect. All references to the Existing Credit Agreement in the Loan Documents executed in connection with the Existing Credit Agreement that are not expressly superseded by deliveries of such new Loan Documents shall be deemed to refer to this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Accuro Healthcare Solutions, Inc.), Credit Agreement (Accuro Healthcare Solutions, Inc.)
Interrelationship with the Existing Credit Agreement. As stated in the preamble hereof, this (a) This Agreement is intended to amend and restate the provisions of the Existing Credit Agreement and, except as expressly modified herein, (x) all of the terms and provisions of the Existing Credit Agreement shall continue to apply for the period prior to the Closing Datedate hereof, including any determinations of payment datescompliance with covenants and other obligations, interest ratesaccuracy of representations and warranties, Events of Default or any amount that may be payable to the Administrative Agent, the Collateral Agent or the Lenders, Lenders (y) the Obligations under the Existing Credit Agreement shall continue to be paid or prepaid on their respective assignees or prior to the Closing Date, and shall from and after the Closing Date continue to be owing and be subject to the terms of this Agreement and (z) this Agreement shall not be deemed to evidence or result in a novation or repayment of the Revolving Loans under the Existing Credit Agreement and reborrowing replacements hereunder, but Obligations under the Existing Credit Agreement and Liens securing payment and performance thereof shall in all respects be continuing as Obligations under this Agreement and Liens securing payment and performance thereof). All references in the other Loan Documents Notes and the Loan other Credit Documents executed in connection with the Existing Credit Agreement to (i) the Existing Credit Agreement or the “Credit Agreement” shall be deemed to include references to this Agreement and (ii) the “Lenders” or a “Lender” or to the “Administrative Agent” or the “Collateral Agent” shall mean such terms as defined in this Agreement. All Obligations As to all periods occurring on or after the date hereof, all of the Borrower covenants set forth in the Existing Credit Agreement shall be of no further force and effect (with respect to such periods), it being understood that all obligations of Company under the Existing Credit Agreement shall be governed by this Agreement from and after the Closing Date. date hereof.
(b) The Loan Documents delivered in connection with parties hereto acknowledge and agree that this Agreement shall supersede and the corresponding Loan other Credit Documents delivered in connection with do not constitute a novation, payment and reborrowing or termination of the existing Commitments or other obligations under the Existing Credit AgreementAgreement and that all such obligations are in all respects continued and outstanding as obligations under this Agreement with only the terms being modified from and after the date hereof as provided herein and in the other Credit Documents. The Loan Documents executed Company, Agents and Lenders acknowledge and agree that all principal, interest, fees, costs, reimbursable expenses and indemnification obligations accruing or arising under or in connection with the Existing Credit Agreement that are not superseded by corresponding Loan Documents executed which remain unpaid and delivered in connection with outstanding as of the date hereof shall be and remain outstanding and payable as an obligation under this Agreement shall remain in full force and effect. All references the other Credit Documents.
(c) By its execution hereof, each Lender consents to the Existing amendment, amendment and restatement, replacement or other modification to any other Credit Agreement Document (and any other Credit Document as defined in the Loan Documents executed Second Lien Credit Agreement) being so amended, amended and restated, replaced or otherwise modified on the date hereof or on or prior to the Closing Date in connection with the Existing Credit Agreement that are not expressly superseded form approved by deliveries of such new Loan Documents shall be deemed to refer to this Agreementthe Administrative Agent.
Appears in 1 contract
Samples: First Lien Credit and Guaranty Agreement (X Rite Inc)
Interrelationship with the Existing Credit Agreement. (a) As stated in the preamble hereof, this Agreement is intended to amend and restate the provisions of the Existing Credit Agreement and, except as expressly modified herein, (x) all of the terms and provisions of the Existing Credit Agreement shall continue to apply for the period prior to the Closing Effective Date, including any determinations of payment dates, interest rates, Events of Default or any amount that may be payable to Administrative Agent or the Lenders, (y) the Obligations under the Existing Credit Agreement shall continue to be paid or prepaid on or prior to the Closing DateEffective Date in accordance with the Existing Credit Agreement, and shall from and after the Closing Effective Date continue to be owing and be subject to the terms of this Agreement and (z) this Agreement shall not be deemed to evidence or result in a novation or repayment of the Revolving Loans under the Existing Credit Agreement and reborrowing hereunder, but Obligations obligations under the Existing Credit Agreement and Liens securing payment and performance thereof shall in all respects be continuing as Obligations under this Agreement and Liens securing payment and performance thereof. .
(b) All references in the other Loan Documents and the Loan Documents executed in connection with the Existing Credit Agreement (the "Original Loan Documents") to (i) the Existing Credit Agreement or the “"Credit Agreement” " shall be deemed to include references to this Agreement Agreement, as amended, restated, supplemented or otherwise modified from time to time, and (iiii)(1) the “Lenders” "Banks" or a “"Bank" shall be deemed to mean "Lenders" or a "Lender” or " as defined in this Agreement, (2) the "Agent" shall be deemed to mean the “"Administrative Agent” " as defined in this Agreement, and (3) the "Collateral Administrative Agent" shall be deemed to mean such terms the "Collateral Agent" as defined in this Agreement. All Obligations of the Borrower under the Existing Credit Agreement shall be governed by this Agreement from and after the Closing Effective Date. The Loan Documents delivered in connection with this Agreement shall supersede the corresponding Loan Documents delivered in connection with the Existing Credit Agreement. The Loan Documents executed in connection with the Existing Credit Agreement that are not superseded by corresponding Loan Documents executed and delivered in connection with this Agreement shall remain in full force and effect. All references to the Existing Credit Agreement in the Loan Documents executed in connection with the Existing Credit Agreement that are not expressly superseded by deliveries of such new Original Loan Documents shall be deemed to refer to this AgreementAgreement without further amendment thereof.
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Interrelationship with the Existing Credit Agreement. As stated in the preamble hereof, this (a) This Agreement is intended to amend and restate incorporate certain amendments to the provisions of the Existing Credit Agreement and, except as expressly modified herein, (x) all of the terms and provisions of the Existing Credit Agreement shall continue to apply for the period prior to the Closing Second Amendment Effective Date, including any determinations of payment dates, interest rates, compliance with covenants and other obligations, accuracy of representations and warranties, Events of Default or any amount that may be payable to the Administrative Agent or the LendersLenders (or their assignees or replacements hereunder), and (y) the Obligations obligations under the Existing Credit Agreement shall continue to be paid or prepaid on or that became due and payable prior to the Closing DateSecond Amendment Effective Date shall, and shall from and after the Closing Date Second Amendment Effective Date, continue to be owing and be subject to the terms of this Agreement and (z) this Agreement shall not be deemed to evidence or result in a novation or repayment of the Revolving Loans under the Existing Credit Agreement and reborrowing hereunder, but Obligations under the Existing Credit Agreement and Liens securing payment and performance thereof shall in all respects be continuing as Obligations under this Agreement and Liens securing payment and performance thereofAgreement. All references in the other Loan Documents Notes and the Loan other Credit Documents executed in connection with the Existing Credit Agreement to (i) the Existing Credit Agreement or the “Credit Agreement” shall be deemed to include references refer to this Agreement and (ii) the “Lenders” or a “Lender” or to the “Administrative Agent” shall mean such terms as defined in this Agreement. All Obligations As to all periods occurring on or after the Second Amendment Effective Date, all of the Borrower covenants set forth in the Existing Credit Agreement shall be of no further force and effect (with respect to such periods), it being understood that (x) all obligations of Holdings, Company and their Subsidiaries under the Existing Credit Agreement shall be governed by this Agreement from and after the Closing Second Amendment Effective Date and (y) the terms, provisions and covenants contained in the Existing Credit Agreement shall continue to apply for all periods prior to the Second Amendment Effective Date. The Loan Documents delivered in connection with , and the effectiveness of this Agreement shall supersede not excuse or waive any failure to comply with any of the corresponding Loan Documents delivered terms, provisions or covenants contained in connection with the Existing Credit Agreement. The Loan Documents executed Agreement for any period prior to the Second Amendment Effective Date, except as otherwise provided in the Second Amendment.
(b) Company, Holdings, the Agents and the Lenders acknowledge and agree that all principal, interest, fees, costs, reimbursable expenses and indemnification obligations accruing or arising under or in connection with the Existing Credit Agreement that are not superseded by corresponding Loan Documents executed which remain unpaid and delivered in connection with outstanding as of the Second Amendment Effective Date shall be and remain outstanding and payable as an obligation under this Agreement shall remain in full force and effect. All references to the Existing other Credit Agreement in the Loan Documents executed in connection with the Existing Credit Agreement that are not expressly superseded by deliveries of such new Loan Documents shall be deemed to refer to this AgreementDocuments.
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