Loans Under Prior Credit Agreement. On the Closing Date:
(a) the Company shall pay all accrued and unpaid commitment fees outstanding under the Fourth Amended and Restated Agreement for the account of each "lender" under the Fourth Amended and Restated Agreement;
(b) each Letter of Credit outstanding under the Fourth Amended and Restated Agreement shall be deemed to have been issued under this Agreement without further consideration or any fees under the Fourth Amended and Restated Agreement or this Agreement; and
(c) each Drafting Agreement outstanding under the Prior Agreements shall be deemed to have been issued under this Agreement; and
(d) each of the Borrowers hereto acknowledges and affirms the security interests and Liens granted by it under each of the Security Documents to which it is a party; and
(e) the Fourth Amended and Restated Agreement and the Commitments thereunder shall terminate and be superseded by this Agreement.
(f) The Obligations of the Company hereunder are in renewal and extension of the obligations and indebtedness of the Company under the Prior Agreements.
Loans Under Prior Credit Agreement. On the Effective Date:
(i) the Company shall pay all accrued and unpaid commitment fees outstanding under the Prior Credit Agreement for the account of each "Lender" under the Prior Credit Agreement;
Loans Under Prior Credit Agreement. On the Closing Date:
(i) the Borrower shall pay all accrued and unpaid commitment fees outstanding under the Prior Credit Agreement for the account of each Prior Lender under the Prior Credit Agreement;
(ii) each "Base Rate Loan" under the Prior Credit Agreement shall be deemed to be a Base Rate Loan under this Agreement; and
(iii) each "Eurodollar Loan" under the Prior Credit Agreement shall be deemed to be converted into a Base Rate Loan under this Agreement; and
(iv) the Prior Credit Agreement and the commitments thereunder shall be superseded by this Agreement and such commitments shall terminate.
Loans Under Prior Credit Agreement. On the Closing Date:
(a) The Company shall pay all accrued and unpaid commitment fees outstanding under the Third Amended and Restated Agreement for the account of each "lender" under the Third Amended and Restated Agreement;
Loans Under Prior Credit Agreement. On the Effective Date:
(i) the Company shall pay all accrued and unpaid fees outstanding under the Prior Credit Agreement for the account of each "Lender" under the Prior Credit Agreement;
(ii) to the extent outstanding on the Effective Date, each "Base Rate Loan" and "Eurodollar Loan" under the Prior Credit Agreement shall be repaid and the Company shall pay to the lenders thereunder any amounts due under Section 5.05 of the Prior Credit Agreement;
(iii) all letters of credit issued under the Prior Credit Agreement (which are scheduled on Schedule 2.01) shall be deemed to be issued under Section 2.02(d) hereof as of the Effective Date; and
(iv) the Prior Credit Agreement and the commitments thereunder shall be superseded by this Agreement and such commitments shall be amended and restated as set forth herein.
Loans Under Prior Credit Agreement. On the Initial Borrowing Date:
(a) The Borrower shall pay all accrued and unpaid commitment fees outstanding under the Amended and Restated Credit Agreement;
(b) each Revolving Loan under the Amended and Restated Credit Agreement shall be deemed to be repaid with the proceeds of a new LIBOR Loan(s) and each Agent Loan under the Amended and Restated Credit Agreement shall be deemed to be repaid with the proceeds of a new Base Rate Loan;
(c) each Letter of Credit outstanding under the Amended and Restated Credit Agreement shall be deemed to have been issued under this Agreement without payment of any further fronting fee (but subject to the other fees set forth in Section 3.1(b)); and
(d) the Amended and Restated Credit Agreement and the commitments thereunder shall be superseded by this Agreement and such commitments shall terminate.
Loans Under Prior Credit Agreement. On the Initial Borrowing ---------------------------------- Date:
(a) The Borrower shall pay all accrued and unpaid commitment fees outstanding under the Prior Credit Agreement;
(b) each Revolving Loan under the Prior Credit Agreement shall be deemed to be repaid with the proceeds of a new LIBOR Loan(s) and each Agent Loan under the Prior Credit Agreement shall be deemed to be repaid with the proceeds of a new Base Rate Loan and the Borrower shall pay all breakage fees in connection therewith as required under the Prior Credit Agreement;
(c) each Letter of Credit outstanding under the Prior Credit Agreement shall be deemed to have been issued under this Agreement without payment of any further fronting fee (but subject to the other fees set forth in Section 3.1(b));
(d) the Prior Credit Agreement and the commitments thereunder shall be superseded by this Agreement and the commitments under the Prior Credit Agreement shall terminate; and
(e) the commitment of The Sumitomo Bank, Limited under the Prior Credit Agreement shall permanently terminate.
Loans Under Prior Credit Agreement. On the Closing Date:
(a) The Company shall pay all accrued and unpaid commitment fees outstanding under the Second Amended and Restated Agreement for the account of each "lender" under the Prior Credit Agreement;
(b) each Loan under the Second Amended and Restated Agreement shall be renewed and extended and shall on the Closing Date constitute a Loan of the same Type as under the Second Amended and Restated Agreement and each such Loan that is a Eurodollar Loan having an Interest Period extending beyond the Closing Date shall be deemed to be renewed and extended under the same LIBO Rate and Interest Period applicable thereto and the Interest Period for each such Loan shall not be terminated solely as a result of the execution and delivery by the Borrowers of this Agreement, the Notes and the other Loan Documents;
(c) each Letter of Credit outstanding under the Second Amended and Restated Agreement shall be deemed to have been issued under the Second Amended and Restated Agreement as amended by this Agreement without further consideration or any fees under the Second Amended and Restated Agreement; and
(d) the Second Amended and Restated Agreement and the Commitments thereunder shall terminate and be superseded by this Agreement.
Loans Under Prior Credit Agreement. On the Closing Date:
(a) The Company shall pay all accrued and unpaid commitment fees outstanding under the Amended and Restated Revolving Credit Agreement dated as of June 19, 1998 (the "Prior Credit Agreement") for the account of each "lender" under the Prior Credit Agreement;
(b) each Loan under the Prior Credit Agreement shall be renewed and extended and shall on the Closing Date constitute a Loan of the same Type as under the Prior Credit Agreement and each such Loan that is a Eurodollar Loan having an Interest Period extending beyond the Closing Date shall be deemed to be renewed and extended under the same LIBO Rate and Interest Period applicable thereto and the Interest Period for each such Loan shall not be terminated solely as a result of the execution and delivery by the Borrowers of this Agreement, the Notes and the other Loan Documents;
(c) each Letter of Credit outstanding under the Prior Credit Agreement shall be deemed to have been issued under the Prior Credit Agreement as amended by this Agreement without further consideration or any fees under the Prior Credit Agreement; and
(d) the Prior Credit Agreement and the Commitments thereunder shall terminate and be superseded by this Agreement.
Loans Under Prior Credit Agreement. On the Closing Date:
(a) the Company shall pay all accrued and unpaid commitment fees outstanding under the Tenth Amended and Restated Agreement for the account of each “Lender” under the Tenth Amended and Restated Agreement;
(b) each Letter of Credit outstanding under the Tenth Amended and Restated Agreement shall be deemed to have been issued under this Agreement without further consideration or any fees under the Tenth Amended and Restated Agreement or this Agreement;
