Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. (b) Each of the Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 8 contracts
Samples: Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics LP), Credit Agreement (Cardtronics LP)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment (and as contemplated to be amended, modified, supplemented, restated, substituted or replaced by this Amendment, is ) are and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment (and as contemplated to be amended, modified, supplemented, restated, substituted or replaced by this Amendment).
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 5 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (Michael Foods Inc/New), Credit Agreement (Michael Foods Inc/New)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, L/C Issuer, Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 4 contracts
Samples: Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, in each case, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligations, in each case, as amended by this Amendmentpayment of all Obligations of the Loan Parties under the Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 3 contracts
Samples: Credit Agreement (Metalico Inc), Credit Agreement (Metalico Inc), Credit Agreement (Metalico Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 3 contracts
Samples: Credit Agreement (RR Donnelley & Sons Co), Credit Agreement (RR Donnelley & Sons Co), Credit Agreement (RR Donnelley & Sons Co)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is Amendment are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, any L/C Issuer, any Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 3 contracts
Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Nortek Inc), Credit Agreement (Nortek Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On Except as expressly set forth herein, this Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and after remedies of the effectiveness Lenders, the Administrative Agent or the Borrowers under the Existing Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of this Amendmentthe terms, each reference conditions, obligations, covenants or agreements contained in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the any other Loan Documents to “the Credit Agreement”Document, “thereunder”, “thereof” or words all of like import referring to the Credit Agreement, shall mean which are ratified and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is affirmed in all respects and shall continue to be in full force and effect and is hereby in all respects ratified and confirmedeffect. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment. Each Borrower hereby consents to this Amendment and confirms that all of its obligations under the Loan Documents to which it is a party shall continue to apply to the Credit Agreement. The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement pursuant to this Amendment shall not constitute a novation of the Existing Credit Agreement and the other Loan Documents as in effect prior to the Amendment Effective Date.
(cb) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 3 contracts
Samples: Credit Agreement (Nexeo Solutions, Inc.), Credit Agreement (Nexeo Solutions, Inc.), Credit Agreement (Nexeo Solutions, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 3 contracts
Samples: Credit Agreement (West Corp), Credit Agreement (West Corp), Credit Agreement (West Corp)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 5 Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAmendment No. 5, and (ii) each First Incremental Term Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAmendment No. 5, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this AmendmentAmendment No. 5.
(c) The execution, delivery and effectiveness of this Amendment No. 5 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this AmendmentAmendment No. 5, this Amendment No. 5 shall for all purposes constitute a Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Transunion Corp.), Credit Agreement (TransUnion Holding Company, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of The Credit Agreement, the Credit Security Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, any L/C Issuer, any Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 2 contracts
Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, Agreement and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Existing Credit Agreement, Agreement as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 2 contracts
Samples: Term Loan Agreement (Armstrong Flooring, Inc.), Term Loan Agreement (Armstrong Flooring, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as further amended by this Amendment.
(b) Each The Credit Agreement (including, without limitation, the Guaranty of the Credit Agreementeach Guarantor set forth therein), the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under the Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of the Credit Agreement or any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a other Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Chemtura CORP), Credit Agreement (Chemtura CORP)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case as amended by this Amendment. In addition, without limiting the generality of the foregoing, Section 2.14 of the Credit Agreement and the availability of New Term Loans under the terms and pursuant to the conditions set forth therein shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Del Monte Foods Co), Credit Agreement (Del Monte Foods Co)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor Documents or constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this This Amendment shall for all purposes not constitute a novation of the Credit Agreement or any other Loan Document.
(d) This Amendment shall constitute a Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Lucid Group, Inc.), Fourth Amended and Restated Revolving Credit Agreement (Gap Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, any LC Issuer, any Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 2 contracts
Samples: Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, Agreement and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Existing Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, L/C Issuer, Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 2 contracts
Samples: Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentFirst Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunderherein,” “hereto”, “hereof” and “hereunder” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAgreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAgreement, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On Without limiting the generality of the foregoing, the Security Documents in effect immediately prior to the date hereof and after all of the effectiveness Collateral described therein in existence immediately prior to the date hereof do and shall continue to secure the payment of all Obligations of the Credit Parties under the Loan Documents, in each case, as amended by this Amendment, this Amendment shall for all purposes constitute a Loan DocumentAgreement.
Appears in 2 contracts
Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Dts, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentFirst Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunderherein,” “hereto”, “hereof” and “hereunder” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAgreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAgreement, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On Without limiting the generality of the foregoing, the Collateral Documents in effect immediately prior to the date hereof and after all of the effectiveness Collateral described therein in existence immediately prior to the date hereof do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment, this Amendment shall for all purposes constitute a Loan DocumentAgreement.
Appears in 2 contracts
Samples: Credit Agreement (Nobilis Health Corp.), Credit Agreement (Nobilis Health Corp.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, in each case, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAmendment are, is and shall continue to be be, in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligations, in each case, as amended by this Amendmentpayment of all Obligations of the Loan Parties under the Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Metalico Inc), Credit Agreement (Metalico Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 6 Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAmendment No. 6, and (ii) each Second Incremental Term Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAmendment No. 6, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this AmendmentAmendment No. 6.
(c) The execution, delivery and effectiveness of this Amendment No. 6 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this AmendmentAmendment No. 6, this Amendment No. 6 shall for all purposes constitute a Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (TransUnion Holding Company, Inc.), Credit Agreement (Transunion Corp.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment (and as contemplated to be amended, modified, supplemented, restated, substituted or replaced by this Amendment, is ) are and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentSecond Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Second Amendment.
; (bii) Each the 2018 Replacement Term Loans shall constitute “Term Loans” for all purposes under the Credit Agreement (other than for purposes of Recital A to the Credit Agreement, Section 2.01(a) of the Credit Agreement, the Notes first sentence of Section 2.09 of the Credit Agreement, Sections 3.13 and 4.01 of the Credit Agreement, the first sentence of Section 5.11 of the Credit Agreement, clause (i) of the definition of Commitment and the definition of “Transactions”); and (iii) each 2018 Replacement Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Second Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Secured Obligations of the Loan Parties, in each case, as amended by this Second Amendment.
(c) The execution, delivery and effectiveness of this Second Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Party City Holdco Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment (and as contemplated to be amended, modified, supplemented, restated, substituted or replaced by this Amendment) are, is and shall continue to be be, in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligations, in each case, as amended by this Amendmentpayment of all Obligations of the Loan Parties under the Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Paying Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment Effective Date, each reference in the Credit Agreement Agreement, the Guaranty or the Security Agreement, as applicable, to “this Agreement”, ,” “hereunderherein,” “hereto”, “hereof” and “hereunder” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Guaranty or Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreementas applicable, shall mean and be a reference to the Credit Agreement, Guaranty or Security Agreement, as applicable, and in each case as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.56202045_8
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On Except as expressly set forth herein, this Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and after remedies of the effectiveness Lenders, the Agent or the Borrower under the Existing Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of this Amendmentthe terms, each reference conditions, obligations, covenants or agreements contained in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the any other Loan Documents to “the Credit Agreement”Document, “thereunder”, “thereof” or words all of like import referring to the Credit Agreement, shall mean which are ratified and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is affirmed in all respects and shall continue to be in full force and effect and is hereby in all respects ratified and confirmedeffect. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment. The Borrower hereby consents to this Amendment and confirms that all of its obligations under the Loan Documents to which it is a party shall continue to apply to the Credit Agreement. The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement pursuant to this Amendment shall not constitute a novation of the Existing Credit Agreement and the other Loan Documents as in effect prior to the Third Amendment Effective Date.
(cb) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentEleventh Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each of the The Existing Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, any L/C Issuer, any Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall for all purposes constitute be a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” " or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “"the Credit Agreement”", “"thereunder”", “"thereof” " or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan DocumentsCredit Agreement, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan DocumentCredit Agreement.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Integrated Health Services Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 3 Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAmendment No. 3, and (ii) the Additional Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAmendment No. 3, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this AmendmentAmendment No. 3.
(c) The execution, delivery and effectiveness of this Amendment No. 3 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this AmendmentAmendment No. 3, this Amendment No. 3 shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Transunion Corp.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentSixth Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Sixth Amendment; (ii) the 2014 February Replacement Term A-2 Loans shall constitute “Term Loans” for all purposes under the Credit Agreement and (iii) each 2014 February Replacement Term A-2 Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Sixth Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Sixth Amendment.
(c) The execution, delivery and effectiveness of this Sixth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 8 Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAmendment No. 8 and (ii) each 2015 Term B-2 Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAmendment No. 8, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this AmendmentAmendment No. 8.
(c) The execution, delivery and effectiveness of this Amendment No. 8 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this AmendmentAmendment No. 8, this Amendment No. 8 shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (TransUnion)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentTwelfth Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each of the The Existing Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, any L/C Issuer, any Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall for all purposes constitute be a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, Fourth Amendment Effective Date each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Fourth Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by each and all parts of this Fourth Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Fourth Amendment.
(c) The execution, delivery and effectiveness of any part of this Fourth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of any part of this Fourth Amendment, this Fourth Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Styron Canada ULC)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement and/or the Pledge Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement or the Pledge Agreement, as the case may be, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “Pledge Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement or the Pledge Agreement, as the case may be, shall mean and be a reference to the Credit Agreement or Pledge Agreement, as applicable, in each case as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(ba) Each of the Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(cb) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Cardtronics LP)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Fourth Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, Agreement as amended by this Fourth Amendment.
(b) Each of the The Credit Agreement, the Notes Security Agreement, the Guarantee Agreement and each of the other Loan Documents, as specifically amended by this Fourth Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents (including all Term B-9 Loans and Term B-10 Loans), in each case, as amended by this Fourth Amendment.
(c) The execution, delivery and effectiveness of this Fourth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a modification, acceptance or waiver of any other provision of any of the Loan Documents. On and after the effectiveness of this Fourth Amendment, (i) the term “Agreement” in the Credit Agreement, and all references to the Credit Agreement in any other Loan Document, shall mean the Credit Agreement as modified hereby and (ii) this Fourth Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (West Corp)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this .
(d) This Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Revolving Credit Agreement (Gap Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended and modified by this Amendment, is Amendment are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, any Issuing Bank, any Swingline Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On .
(d) The Super Majority Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentFirst Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this First Amendment; (ii) the 2013 Replacement Term Loans shall constitute “Term Loans” for all purposes under the Credit Agreement; and (iii) each 2013 Replacement Term Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this First Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Security Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this First Amendment.
(c) The execution, delivery and effectiveness of this First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (BakerCorp International, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 5 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each The Security Documents and all of the Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is Collateral described therein do and shall continue to be secure the payment of all Obligations (as defined in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality Amended Credit Agreement) of the foregoing, Loan Parties under the Guaranty does and shall continue to guarantee the Guaranteed ObligationsLoan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this .
(d) This Amendment shall for all purposes constitute a “Loan Document” (under and as defined in the Amended Credit Agreement).
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentFifth Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Fifth Amendment; (ii) the 2013 Replacement Loans shall constitute “Term Loans” for all purposes under the Credit Agreement and (iii) each 2013 Replacement Term Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Fifth Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Fifth Amendment.
(c) The execution, delivery and effectiveness of this Fifth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Pledge Agreement and all of the Pledged Collateral described therein do and shall continue to guarantee secure all payment and other obligations of the Guaranteed Obligations, in each caseBorrower under the Credit Agreement, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan DocumentsCredit Agreement, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan DocumentCredit Agreement.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentEighth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Eighth Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Eighth Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of the Obligations under the Loan Documents, in each case, as amended by this AmendmentEighth Amendment and such other obligations and liabilities expressed or purported to be secured pursuant to such Collateral Documents.
(c) The execution, delivery and effectiveness of this Eighth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this This Eight Amendment shall for all purposes not constitute a novation of the Credit Agreement or the other Loan DocumentDocuments.
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Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Western Refining, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAgreement, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this AmendmentAgreement.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is Agreement are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Security Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligations, in each case, as amended by this Amendmentpayment of all Obligations of the Loan Parties under the Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Lender, any Issuing Bank, any Swingline Lender, any Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of .
(d) The Loan Parties agree that this Amendment, this Amendment Agreement shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Agreement) and the other Loan DocumentDocuments.
Appears in 1 contract
Samples: Increase Joinder to the Credit Agreement (Jacobs Entertainment Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, any L/C Issuer, any Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement and/or the Pledge Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement or Pledge Agreement, as the case may be, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “Pledge Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement or the Pledge Agreement, as the case may be, shall mean and be a reference to the Credit Agreement or Pledge Agreement, as applicable, in each case as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, L/C Issuer, Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Existing Credit Agreement, Agreement as amended by this AmendmentAmendment on the Amendment Effective Date. This Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the other Loan Documents.
(b) Each of the The Existing Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is Amendment are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Credit Parties under the Loan Documents, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a modification, acceptance or waiver of any other provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(ba) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Amendment.
(cb) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, Agreement and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment (and as contemplated to be amended, modified, supplemented, restated, substituted or replaced by this Amendment) are, is and shall continue to be be, in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents (and as contemplated to be amended, in each casemodified, as amended supplemented, restated, substituted or replaced by this Amendment).
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Paying Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Seventh Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Security Agreement, the Guarantee Agreement and each of the other Loan Documents, as specifically amended by this Seventh Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents (including all Term B-12 Loans, Term A-2 Loans, Extended 2016 Revolving Credit Commitments and Term B-14 Loans), in each case, as amended by this Seventh Amendment.
(c) The execution, delivery and effectiveness of this Seventh Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a modification, acceptance or waiver of any other provision of any of the Loan Documents. On and after the effectiveness of this Seventh Amendment, (i) all references to the “Credit Agreement” or words of like import referring to the Credit Agreement in any other Loan Document, shall mean and be a reference to the Amended Credit Agreement and (ii) this Seventh Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (West Corp)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment. The Incremental Term B-3 Loans are the “Incremental Term Loans” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (West Corp)
Reference to and Effect on the Credit Agreement and the Loan Documents. (ai) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, in each case, as amended by this Amendment.
(bi) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment (and as contemplated to be amended, modified, supplemented, restated, substituted or replaced by this Amendment) are, is and shall continue to be be, in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligations, in each case, as amended by this Amendmentpayment of all Obligations of the Loan Parties under the Loan Documents.
(ci) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Paying Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentThird Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunderherein,” “hereto”, “hereof” and “hereunder” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and supplemented by this AmendmentAgreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended and supplemented by this AmendmentAgreement, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On Without limiting the generality of the foregoing, the Security Documents in effect immediately prior to the date hereof and after all of the effectiveness Collateral described therein in existence immediately prior to the date hereof do and shall continue to secure the payment of this Amendmentall Secured Obligations.
(d) This Agreement is the entire agreement, this Amendment and supersedes any prior agreements and contemporaneous oral agreements, of the parties concerning its subject matter. This Agreement shall constitute a “Loan Document” for all purposes constitute a of the Credit Agreement and the other Loan DocumentDocuments.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentEffective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunderherein,” “hereto”, “hereof” and “hereunder” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and supplemented by this AmendmentAgreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended and supplemented by this AmendmentAgreement, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On Without limiting the generality of the foregoing, the Security Documents in effect immediately prior to the date hereof and after all of the effectiveness Collateral described therein in existence immediately prior to the date hereof do and shall continue to secure the payment of this Amendment, this Amendment shall for all purposes constitute a Loan DocumentSecured Obligations.
Appears in 1 contract
Samples: Incremental Term Loan Agreement (Integer Holdings Corp)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentSixth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunderherein,” “hereto”, “hereof” and “hereunder” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On Without limiting the generality of the foregoing, the Collateral Documents in effect immediately prior to the date hereof and after all of the effectiveness Collateral described therein in existence immediately prior to the date hereof do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is Amendment are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligations, payment of all Obligations of the Loan Parties under the Loan Documents to the extent provided in each case, as amended by this Amendmentthe Collateral Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Lender, any L/C Issuer, any Swing Line Lender, any Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, .
(d) The Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 1 contract
Samples: Credit Agreement (Nortek Inc)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentFirst Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this First Amendment.
; (bii) Each the 2013 Replacement Term Loans shall constitute “Term Loans” for all purposes under the Credit Agreement (other than for purposes of Section 2.01(a) of the Credit Agreement (as amended hereby), the first sentence of Section 2.09 of the Credit Agreement, Sections 3.13 and 4.01 of the Credit Agreement, the Notes first sentence of Section 5.11 of the Credit Agreement, clause (i) of the definition of Commitment and the definition of “Transactions”); and (iii) each 2013 Replacement Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this First Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this First Amendment.
(c) The execution, delivery and effectiveness of this First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of effectivenessof this Amendment, each reference in the Credit Agreement to Agreementto “this Agreement”, “hereunderAgreement”,“hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is Amendment are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligations, payment of all Obligations of the Loan Parties under the Loan Documents to the extent provided in each case, as amended by this Amendmentthe Collateral Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Lender, any L/C Issuer, any Swing Line Lender, any Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, .
(d) The Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
Appears in 1 contract
Samples: Credit Agreement
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentSecond Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Second Amendment; (ii) the First Incremental Term Loans shall constitute “Term Loans” for all purposes under the Credit Agreement; and (iii) each First Incremental Term Loan Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Second Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Security Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Second Amendment.
(c) The execution, delivery and effectiveness of this Second Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (BakerCorp International, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 1 Effective Date, each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” " or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “"the Credit Agreement”", “"thereunder”", “"thereof” " or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall Home Interiors & Gifts, Inc. Amendment No. 1 to the Amended and Restated Credit Agreement continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Obligors under the Loan Documents, in each case, case as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under the Credit Agreement or any of the Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (ai) On and after the effectiveness of this AmendmentTenth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(bii) Each of the The Amended Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Tenth Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of the Obligations under the Loan Documents, in each case, as amended by this the Tenth Amendment, and such other obligations and liabilities expressed or purported to be secured pursuant to such Collateral Documents.
(ciii) The execution, delivery and effectiveness of this Tenth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this This Tenth Amendment shall for all purposes not constitute a novation of the Credit Agreement or the other Loan DocumentDocuments.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this First Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this First Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this First Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents (including all Term B-6 Loans), in each case, as amended by this First Amendment.
(c) The execution, delivery and effectiveness of this First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a modification, acceptance or waiver of any other provision of any of the Loan Documents. On and after the effectiveness of this First Amendment, (i) the term “Agreement” in the Credit Agreement, and all references to the Credit Agreement in any other Loan Document, shall mean the Credit Agreement as modified hereby and (ii) this First Amendment shall for all purposes constitute a Loan Document.
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Samples: Credit Agreement (West Corp)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended and modified by this Amendment.
(b) Each of the The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement and the other Loan DocumentDocuments.
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Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentNinth Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each of the The Existing Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver or novation of any right, power or remedy of any Lender Lender, any L/C Issuer, any Swing Line Lender, the Collateral Agent or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or novation of any provision of any of the Loan Documents. On .
(d) The Administrative Agent, the Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall for all purposes constitute be a Loan Document.
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Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended and restated by this Amendment, is Amendment are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Security Instruments and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Secured Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.
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Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAmendment No. 4, and (ii) each 2013 Replacement Term Lender shall constitute a “Lender” as defined in the Credit Agreement.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAmendment No. 4, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does Collateral Documents and all of the Collateral described therein do and shall continue to guarantee secure the Guaranteed Obligationspayment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this AmendmentAmendment No. 4.
(c) The execution, delivery and effectiveness of this Amendment No. 4 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this AmendmentAmendment No. 4, this Amendment No. 4 shall for all purposes constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (TransUnion Holding Company, Inc.)
Reference to and Effect on the Credit Agreement and the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) Each of the The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended and modified by this Amendment, is are and shall continue to be in full force and effect and is are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, any Issuing Bank, any Swingline Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On .
(d) The Required Lenders and after the effectiveness of this Amendment, Loan Parties agree that this Amendment shall be a Loan Document for all purposes constitute a of the Credit Agreement (as specifically amended by this Amendment) and the other Loan DocumentDocuments.
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