Common use of Interrelationship with the Original Credit Agreement Clause in Contracts

Interrelationship with the Original Credit Agreement. (a) As stated in the preamble hereof, this Agreement is intended to amend and restate the provisions of the Original Credit Agreement and, notwithstanding any amendment and restatement of Notes as of the Restatement Effective Date, except as expressly modified herein, (x) all of the terms and provisions of the Original Credit Agreement and the other Loan Documents shall continue to apply for the period prior to the Restatement Effective Date, including any determinations of payment dates, interest rates, Events of Default or any amount that may be payable to the Administrative Agent or the Original Lenders (or their assignees or replacements hereunder) to but excluding the Restatement Effective Date, and (y) the obligations under the Original Credit Agreement and the other Loan Documents shall continue to be paid or prepaid on or prior to the Restatement Effective Date, and shall from and after the Restatement Effective Date continue to be owing and be subject to the terms of this Agreement to the extent accrued or arising prior to the Restatement Effective Date or otherwise relating to the period prior to the Restatement Effective Date. All references in any Loan Documents to (i) the “Credit Facility” 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” shall mean such terms as defined in this Agreement. As to all periods occurring on or after the Restatement Effective Date, all of the covenants set forth in the Original Credit Agreement shall be of no further force and effect, it being understood that all obligations of the Borrower under the Original Credit Agreement shall be governed by this Agreement from and after the Restatement Effective Date. (b) The Borrower, 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 Original Credit Agreement and the other Loan Documents which remain unpaid and outstanding as of the Restatement Effective Date shall be and remain outstanding and payable as an obligation under this Agreement and the other Loan Documents; provided that no Lender hereunder which was not an Original Lender shall be liable for any obligation or indemnification of any of the Original Lenders under the Original Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Waste Services, Inc.)

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Interrelationship with the Original Credit Agreement. (a) As stated in the preamble hereof, this Agreement is intended to amend and restate the provisions of the Original Credit Agreement and, notwithstanding any amendment and restatement of Notes as of the Restatement Effective Date, except as expressly modified herein, (x) all of the terms and provisions of the Original Credit Agreement and the other Loan Documents shall continue to apply for the period prior to the Restatement Effective Date, including any determinations of payment dates, interest rates, Events of Default or any amount that may be payable to the Administrative Agent or the Original Lenders (or their assignees or replacements hereunder) to but excluding the Restatement Effective Date), and (y) the obligations under the Original Credit Agreement and the other Loan Documents shall continue to be paid or prepaid on or prior to the Restatement Effective Date, and shall from and after the Restatement Effective Date continue to be owing and be subject to the terms of this Agreement to the extent accrued or arising prior to the Restatement Effective Date or otherwise relating to the period prior to the Restatement Effective DateAgreement. All references in any the Notes and the other Loan Documents to (i) the “Credit Facility” 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" shall mean such terms as defined in this Agreement. As to all periods occurring on or after the Restatement Effective Date, all of the covenants set forth in the Original Credit Agreement shall be of no further force and effect, it being understood that all obligations of the Borrower under the Original Credit Agreement shall be governed by this Agreement from and after the Restatement Effective Date. (b) The BorrowerBorrowers, 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 Original Credit Agreement and the other Loan Documents which remain unpaid and outstanding as of the Restatement Effective Date shall be and remain outstanding and payable as an obligation under this Agreement and the other Loan Documents; provided that no Lender hereunder which was not an Original Lender shall be liable for any obligation or indemnification of any of the Original Lenders under the Original Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Regal Cinemas Corp)

Interrelationship with the Original Credit Agreement. (a) As stated in the preamble hereof, this Agreement is intended to amend and restate the provisions of the Original Credit Agreement and, notwithstanding any amendment and restatement of Notes as of the Restatement Effective Date, except as expressly modified herein, (x) all of the terms and provisions of the Original Credit Agreement and the other Loan Documents shall continue to apply for the period prior to the Restatement Effective Date, including any determinations of payment dates, interest rates, Events of Default or any amount that may be payable to the Administrative Agent or the Original Lenders (or their assignees or replacements hereunder) to but excluding the Restatement Effective Date, and (y) the obligations under the Original Credit Agreement and the other Loan Documents shall continue to be paid or prepaid on or prior to the Restatement Effective Date, and shall from and after the Restatement Effective Date continue to be owing and be subject to the terms of this Agreement to the extent accrued or arising prior to the Restatement Effective Date or otherwise relating to the period prior to the Restatement Effective Date. All references in any Loan Documents to (i) the "Credit Facility" 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" shall mean such terms as defined in this Agreement. As to all periods occurring on or after the Restatement Effective Date, all of the covenants set forth in the Original Credit Agreement shall be of no further force and effect, it being understood that all obligations of the Borrower under the Original Credit Agreement shall be governed by this Agreement from and after the Restatement Effective Date. (b) The Borrower, 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 Original Credit Agreement and the other Loan Documents which remain unpaid and outstanding as of the Restatement Effective Date shall be and remain outstanding and payable as an obligation under this Agreement and the other Loan Documents; provided that no Lender hereunder which was not an Original Lender shall be liable for any obligation or indemnification of any of the Original Lenders under the Original Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Capital Environmental Resource Inc)

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Interrelationship with the Original Credit Agreement. (a) As stated in the preamble hereof, this A. This Agreement is intended to amend and restate the provisions of the Original Credit Agreement and, notwithstanding any amendment and restatement of Notes as of the Restatement Effective Date, except as expressly modified herein, (x) all of the terms and provisions of the Original Credit Agreement and the other Loan Documents shall continue to apply for the period prior to the Restatement 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 by payable to the Administrative Agent or the Original Lenders (or their assignees or replacements hereunder) to but excluding the Restatement Effective Date, and (y) the obligations under the Original Credit Agreement and the other Loan Documents shall continue to be paid or prepaid on or prior to the Restatement Effective Date, and shall from and after the Restatement Effective Date continue to be owing and be subject to the terms of this Agreement to the extent accrued or arising prior to the Restatement Effective Date or otherwise relating to the period prior to the Restatement Effective Date). All references in any the Notes and the other Loan Documents to (i) the “Credit Facility” 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” shall mean such terms as defined in this Agreement. As to all periods occurring on or after the Restatement Effective Date, all of the covenants set forth in the Original Credit Agreement shall be of no further force and effecteffect (with respect to such periods), it being understood that all obligations of the Borrower Company under the Original Credit Agreement shall be governed by this Agreement from form and after the Restatement Effective Date. (b) The BorrowerB. Company, 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 Original Credit Agreement and the other Loan Documents which remain unpaid and outstanding as of the Restatement Effective Date date shall be and remain outstanding and payable as an obligation under this Agreement and the other Loan Documents; provided that no Lender hereunder which was not an Original Lender shall be liable for any obligation or indemnification of any of the Original Lenders under the Original Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (FTD Group, Inc.)

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