PRIOR CREDIT AGREEMENT SUPERSEDED. This Agreement shall supersede the Original Credit Agreement in its entirety, except as provided in this ss.29. On the Closing Date, the rights and obligations of the parties (other than the Exiting Banks) under the Original Credit Agreement and the "Notes" (as defined in the Original Credit Agreement) issued in favor of the Banks (as defined in the Original Credit Agreement) under the Original Credit Agreement (other than any rights available to the Agent and the Banks (as defined in the Original Credit Agreement) under ss.16 and ss.17 of the Original Credit Agreement), shall be subsumed within and be governed by this Credit Agreement and the other Loan Documents, PROVIDED, HOWEVER, that each of the "Loans" (as defined in the Original Credit Agreement) outstanding under the Original Credit Agreement on the Closing Date shall, for purposes of this Credit Agreement, be Loans, and shall continue to bear interest or be subject to fees at the respective rates in effect immediately prior to the Closing Date, with the Borrower being responsible for, and hereby confirming its obligation to pay, any breakage costs associated with the payment of Eurodollar Rate Loans under the Original Credit Agreement on a date which is not the last day of the applicable Interest Period (as defined in the Original Credit Agreement) with respect thereto; and PROVIDED FURTHER that the rights and obligations of the Exiting Banks under the Original Credit Agreement and the related Loan Documents (as defined in the Original Credit Agreement) shall be terminated in accordance with the terms of, and upon the Exiting Banks' receipt of the payment specified in the separate pay-off letters dated as of the date hereof among each Exiting Bank, the Company and the Agent.
PRIOR CREDIT AGREEMENT SUPERSEDED. On the Closing Date, this Credit Agreement shall supersede the Existing Credit Agreement in its entirety, except as provided in this Section 18. On the Closing Date, the rights and obligations of the parties evidenced by the Existing Credit Agreement shall be evidenced by this Credit Agreement and the other Loan Documents, the "Loans" as defined in the Existing Credit Agreement shall be converted to Loans as defined herein and the Existing Letters of Credit issued by any Issuing Bank for the account of the Borrowers prior to the Closing Date shall be converted into Letters of Credit under this Credit Agreement. Without limiting the generality of the foregoing and to the extent necessary, the Lenders and the Administrative Agent reserve all of their rights under the Existing Credit Agreement and each of the Guarantors hereby obligates itself again in respect of all present and future Obligations under, inter alia, the Existing Credit Agreement, as amended and restated by this Credit Agreement.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Agreement shall on the Closing Date amend and restate the Prior Credit Agreement in its entirety, except as provided in this Section 10.19. On the Closing Date, the rights and obligations of the parties evidenced by the Prior Credit Agreement shall be evidenced by the Agreement and the other Loan Documents, and the “Swing Line Loans”, as defined in the Prior Credit Agreement shall be converted to Swing Line Loans as defined herein.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Credit Agreement shall on the Closing Date amend and restate the Prior Credit Agreement in its entirety, except as provided in this Section 30. On the Closing Date, the rights and obligations of the parties evidenced by the Prior Credit Agreement shall be evidenced by the Credit Agreement and the other Loan Documents, as defined herein, and the Loans as defined in the Prior Credit Agreement, collectively, shall be converted to the Loans as defined herein.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Credit Agreement shall supersede the Prior Credit Agreement in itS entirety, except as provided in this ss.29. On the Closing Date, the rights and obligations of the parties under the Prior CrediT Agreement which remain Lenders hereunder shall be subsumed within and be governed by this Credit Agreement; PROVIDED, HOWEVER, that each of the "Loans" (as defined in the Prior Credit Agreement) outstanding under the Prior Credit Agreement on the Closing Date shall, for purposes of this Credit Agreement, be included as Revolving Credit Loans (as defined herein), Swing Line Loans (as defined herein) or the Term Loan (as defined herein), as applicable.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Agreement shall supersede the First Restatement in its entirety, except as provided in this ss.15. On the Second Restatement Effective Date, the rights and obligations of the parties under the First Restatement and the "Notes" (as defined in the First Restatement) issued in favor of the "Banks" (as defined in the First Restatement) under the First Restatement (other than any rights available to the "Agent" and the "Banks" (each as defined in the First Restatement) under Section 10.6 of the First Restatement), shall be subsumed within and be governed by this Agreement and the other Loan Documents, provided, however, that each of the "Revolving Credit Loans", "Swing Line Loans" and "Term Loans" (each as defined in the First Restatement) outstanding under the First Restatement on the Second Restatement Effective Date shall, for purposes of this Agreement, be loans hereunder, and shall continue to bear interest or be subject to fees at the respective rates in effect immediately prior to the Second Restatement Effective Date, with each Borrower being responsible for, and hereby confirming its obligation to pay, any breakage costs associated with the payment of "LIBO Rate Loans" (as defined in the First Restatement) under the First Restatement on a date which is not the last day of the applicable "Interest Period" (as defined in the First Restatement) with respect thereto.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Agreement shall on the Closing Date amend and restate the Prior Credit Agreement in its entirety, except as provided in this Section 10.19. On the Closing Date, the rights and obligations of the parties evidenced by the Prior Credit Agreement shall be evidenced by the Agreement and the other Loan Documents, the “Term Loans” as defined in the Prior Credit Agreement shall be converted to Term Loans as defined herein, the “Revolving Credit Loans”, as defined in the Prior Credit Agreement shall be converted to Revolving Credit Loans as defined herein, and the “Swing Line Loans”, as defined in the Prior Credit Agreement shall be converted to Swing Line Loans as defined herein.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Credit Agreement shall supersede the Prior Credit Agreement in its entirety, except as provided in this Section 28. On the Effective Date, the rights and obligations of the parties under the Prior Credit Agreement and the "Revolving Credit Notes" as defined therein shall be subsumed within and be governed by this Credit Agreement and the Revolving Credit Notes as defined herein; PROVIDED, HOWEVER, that each of the "Revolving Credit Loans" (as such term is defined in the Prior Credit Agreement) outstanding under the Prior Credit Agreement on the Effective Date shall, for purposes of this Credit Agreement, be Revolving Credit Loans; and provided further that each "Letter of Credit" (as defined in the Prior Credit Agreement) outstanding under the Prior Credit Agreement on the Effective Date shall, for purposes of this Credit Agreement, be a Letter of Credit. SCHEDULE 1 of the Prior Credit Agreement is deleted in its entirety and replaced with SCHEDULE 1 attached hereto.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Agreement shall supersede the Prior Credit Agreement in its entirety, except as provided in this Section 11. On the Closing Date, the rights and obligations of the parties under the Prior Credit Agreement and the "Notes" as defined therein shall be subsumed within and be governed by this Agreement and the Notes; provided, however, that each of the "Revolving Credit Loans" and -------- ------- "Letters of Credit" (as defined in the Prior Credit Agreement) outstanding under the Prior Credit Agreement on the Closing Date shall, for purposes of this Agreement, be Revolving Credit Loans and Letters of Credit (as defined herein). Notwithstanding the foregoing, upon the satisfaction of the conditions set forth in (S)4 hereof, the covenants set forth in (S)(S)5 and 6 hereof shall be deemed to be effective as of the Effective Date.
PRIOR CREDIT AGREEMENT SUPERSEDED. Borrower, Administrative Agent, Co-Agent and the Banks hereby agree that this Agreement amends, restates and supersedes the Prior Credit Agreement, but in no way acts as a release or a relinquishment of the Liens securing payment of the indebtedness advanced pursuant to the Prior Credit Agreement, and such Liens are hereby renewed, extended, ratified, confirmed and carried forward by Borrower in all respects to secure the Notes and other obligations under the Loan Papers. All amounts outstanding under the Prior Credit Agreement shall be deemed, upon execution of this Agreement, to be outstanding under, and subject to the provisions of, this Agreement. Any Eurodollar Tranche outstanding as of the date hereof shall continue to bear interest at the Adjusted Eurodollar Rate applicable to such Eurodollar Tranche for the applicable Interest Period.
