PRIOR CREDIT AGREEMENT SUPERSEDED.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PRIOR CREDIT AGREEMENT SUPERSEDED.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. On the Closing Date, this Agreement shall supercede the Original Credit Agreement in its entirety, except as provided in this SECTION 13.12. On the Closing Date, the rights and obligations of the parties evidenced by the Original Credit Agreement shall be evidenced by this Agreement and the other Loan Documents, the "
PRIOR CREDIT AGREEMENT SUPERSEDED. This Agreement shall on the Closing Date supersede the Prior Credit Agreement in its entirety, except as provided in this Section 12.21. On the Closing Date, (i) the rights and obligations of the parties evidenced by the Prior Credit Agreement shall be evidenced by this Credit Agreement and the other Loan Documents, (ii) the entire principal amount of all Existing LIBOR Rate Loans, together with all accrued and unpaid interest thereon and any amounts required to be paid pursuant to Section 3.8 of the Prior Credit Agreement, shall be paid to the Administrative Agent on the Closing Date for allocation among the the Existing Lenders in accordance with the terms of the Prior Credit Agreement, (iii) all "Base Rate Loans" as defined in the Prior Credit Agreement (the "Existing Base Rate Loans") shall be continued as Base Rate Loans hereunder and shall be allocated among the Lenders in accordance with their Commitment Percentages as of the Closing Date, provided, however, that all accrued and unpaid interest in respect of such Existing Base Rate Loans through (but not including) the Closing Date shall be paid to the Administrative Agent on the Closing Date for allocation among the Existing Lenders in accordance with the terms of the Prior Credit Agreement, (iv) all "Swingline Loans" as defined in the Prior Credit Agreement (the "Existing Swingline Loans") shall be continued as Swingline Loans hereunder, provided, however, that all accrued and unpaid interest on the principal amount of the Existing Swingline Loans through (but not including) the Closing Date shall be paid to the Administrative Agent for the account of the Swingline Lender in accordance with the terms of the Prior Credit Agreement, (v) all "European Swingline Loans" as defined in the Prior Credit Agreement (the "Existing European Swingline Loans") shall be continued as European Swingline Loans hereunder, provided, however, that all accrued and unpaid interest on the principal amount of the Existing European Swingline Loans through (but not including) the Closing Date shall be paid to the Administrative Agent for the account of the European Swingline Lender in accordance with the terms of the Prior Credit Agreement, (vi) all Existing Letters of Credit shall, for purposes of this Credit Agreement, be Letters of Credit hereunder, and (vii) all fees and expenses, if any, owing or accruing under or in respect of the Prior Credit Agreement through (but not including) the Closing Date shall be calculated ...
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 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. On the Closing Date, this --------------------------------- Credit Agreement shall supersede the Prior Credit Agreement in its entirety, except as provided in this (S)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, the "Loans" as defined in the Prior Credit Agreement shall be converted to US Revolving Credit Loans as defined herein and the Existing Letters of Credit issued by the Administrative Agent for the account of the US Borrower or any of its Restricted Subsidiaries prior to the Closing Date shall converted into Letters of Credit under 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 10.14. On the Closing Date, the rights and obligations of the parties evidenced by the Prior Credit Agreement shall be evidenced by this 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. Any Loans (including the Specified Eurodollar Rate Loan) outstanding under the Prior Credit Agreement on the Closing Date shall be treated as a Loan hereunder and the Lenders shall make such adjustments among themselves to insure that on the Closing Date each Lender shall have funded to the Administrative Agent for the account of Bank of America such Lender’s Applicable Percentage thereof.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Credit Agreement shall --------------------------------- on the Closing Date supersede the Prior Credit Agreement in its entirety, except as provided in this (S)30. On the Closing Date, the rights and obligations of the parties evidenced by the Prior Credit Agreement shall be evidenced by this Credit Agreement and the other Loan Documents, the "Loans" as defined in the Prior Credit Agreement shall be paid in full by the Company (together with any amounts payable pursuant to (S)6.9 of the Prior Credit Agreement) and may be reborrowed in accordance with the terms and conditions hereof. All Existing Letters of Credit and Existing Foreign Letters of Credit shall, for purposes of this Credit Agreement, be Letters of Credit and Foreign Letters of Credit, as applicable, hereunder.
PRIOR CREDIT AGREEMENT SUPERSEDED. This Agreement shall ----- ------ --------- ---------- supersede the Prior Credit Agreement in its entirety, except as provided in this (S)29. On the Closing Date, the rights and obligations of the parties (other than BOA) under the Prior Credit Agreement and the "Notes" (as defined in the Prior Credit Agreement) issued in favor of the Banks under the Prior Credit Agreement as defined therein shall be subsumed within and be governed by this Agreement and the other Loan Documents, 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 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 to the Closing Date, in the case of Base Rate Loans, and to the end of the applicable Interest Period in the case of Eurodollar Rate Loans; and provided further that the -------- ------- rights and obligations of BOA under the Prior Credit Agreement and the related Loan Documents (as defined in the Prior Credit Agreement) shall be terminated in accordance with the terms of, and upon BOA's receipt of the payment specified in, the payoff letter dated as of the date hereof among the Company, BOA, the Banks and the Agent.
