Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended hereby. (b) Except as specifically amended herein, the Credit Agreement and all other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or the Lenders under the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 2 contracts
Samples: Credit Agreement (Physicians Formula Holdings, Inc.), Credit Agreement (Physicians Formula Holdings, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) Upon On and after the effectiveness of this AmendmentFirst Amendment Effective Date and the Merger Conditions Effective Date, as applicable, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to the “the Credit Agreement,” ”, “thereunder,” ”, “thereof,” “therein” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, Agreement as amended herebyby this First Amendment on such date. This First Amendment shall be deemed to be a Loan Document for all purposes.
(bii) Except as specifically amended hereinby this First Amendment, the Credit Agreement and all the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed.
(ciii) The execution, delivery and effectiveness performance of this First Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders under any Lender under, the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 2 contracts
Samples: Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Blue Capital Reinsurance Holdings Ltd.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” or words of like import referring to the Credit Agreement, and each reference in each of the other Loan Documents to “the Credit Agreement,” ”, “thereunder,” ”, “thereof,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended herebyby this Amendment.
(b) Except The Credit Agreement and each of the other Loan Documents, as specifically amended hereinby this Amendment, the Credit Agreement and all other Loan Documents 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 Security 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.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Agent or under any of the Lenders under the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of any of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 2 contracts
Samples: Credit Agreement (LifeCare Holdings, Inc.), Credit Agreement (LifeCare Holdings, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” 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,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended herebyby this Amendment.
(b) Except The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended hereinby this Amendment, the Credit Agreement and all other Loan Documents 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.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or Administrative Agent under any of the Agent or the Lenders under the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of any of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 2 contracts
Samples: Credit Agreement (Affinion Group, Inc.), Credit Agreement (Affinion Group, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon On and after the effectiveness of this AmendmentEffective Date, (a) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended herebyby this Amendment and (b) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreement, as amended by this Amendment.
(b) Except The Credit Agreement and each of the other Loan Documents, as specifically amended hereinby this Amendment, the Credit Agreement and all other Loan Documents 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Lenders under the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of any of the Credit Loan Documents.
(d) On and after the effectiveness of this Amendment, this Amendment shall constitute a “Loan Document” for all purposes of the Loan Agreement or any and the other Loan Documents, each of which is hereby reaffirmed.
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Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon This Amendment shall constitute a Loan Document for the effectiveness purposes of this Amendmentthe Credit Agreement and on and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to the “the Credit Agreement,” ”, “thereunder,” ”, “thereof,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, . as amended herebyby this Amendment.
(b) Each reference, whether direct or indirect, in each Loan Document to “Obligations” shall be deemed to include any indebtedness or obligations incurred, or First Amendment Incremental Term Loans funded on the First Amendment Effective Date, pursuant to this Amendment.
(c) Except as specifically amended hereinby this Amendment, the Credit Agreement and all the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed.
(cd) The execution, delivery and effectiveness performance of this Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Agent Administrative Agent, any Lender or the Lenders any other Secured Party under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
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Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” 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,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended herebyby this Amendment.
(b) Except The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended hereinby this Amendment, the Credit Agreement and all other Loan Documents 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 thereof do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Agent or the Lenders under the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of any of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
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Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) Upon This Amendment shall constitute a Loan Document for purposes of each of the effectiveness of Credit Agreement, this AmendmentAmendment and the other Loan Documents and on and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to the “the Credit Agreement,” ”, “thereunder,” ”, “thereof,” “therein” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Amended Agreement, as amended hereby.
(bii) Except as specifically amended hereinby this Amendment, the Credit Agreement and all the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed.
(ciii) The execution, delivery and effectiveness performance of this Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Agent or Administrative Agent, the Collateral Agent, the Lenders or any other secured party under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Hunt Companies Finance Trust, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) Upon This Amendment shall constitute a Loan Document for purposes of each of the effectiveness of Credit Agreement, this AmendmentAmendment and the other Loan Documents and on and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to the “the Credit Agreement,” ”, “thereunder,” ”, “thereof,” “therein” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Amended Agreement, as amended hereby.
(bii) Except as specifically amended hereinby this Amendment, the Credit Agreement and all the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed.
(ciii) The execution, delivery and effectiveness performance of this Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Agent Administrative Agent, the Collateral Agent, the Lender or the Lenders any other secured party under the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Ares Commercial Real Estate Corp)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) Upon On and after the effectiveness of this AmendmentSecond Amendment Date, each reference in the Credit Agreement to “this Agreement,” Amendment”, “hereunder,” ”, “hereof,” ”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to the “the Credit Agreement,” ”, “thereunder,” ”, “thereof,” “therein” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, Agreement as amended herebyby this Amendment. The Refinancing Revolving Loans and the Refinancing Term Loans shall each be “Loans” for all purposes of the Loan Documents and the Refinancing Revolving Lenders and the Refinancing Term Lender shall each be “Lenders” for all purposes of the Loan Documents.
(bii) Except as specifically amended hereinby this Amendment, the Credit Agreement and all the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed.
(ciii) The execution, delivery and effectiveness performance of this Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Agent any agent or the Lenders under Lender under, the Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” 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,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended herebyby this Amendment.
(b) Except The Credit Agreement and each of the other Loan Documents, as specifically amended hereinby this Amendment, the Credit Agreement and all other Loan Documents 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 Security 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.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Agent any Lender or the Lenders Administrative Agent under any of the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of any of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” 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,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended herebyby this Amendment.
(ba) Except The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended hereinby this Amendment, the Credit Agreement and all other Loan Documents 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 thereof do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents.
(cb) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Agent or the Lenders under the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of any of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” ’ 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,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended herebyby this Amendment.
(b) Except The Credit Agreement and each of the other Loan Documents, as specifically amended hereinby this Amendment, the Credit Agreement and all other Loan Documents 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 Security 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.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Agent any Lender or the Lenders Administrative Agent under any of the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of any of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon On and after the effectiveness of this AmendmentEffective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended herebyby this Amendment and (ii) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreement, as amended by this Amendment.
(b) Except The Credit Agreement and each of the other Loan Documents, as specifically amended hereinby this Amendment, the Credit Agreement and all other Loan Documents 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Lenders under the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of any of the Credit Loan Documents.
(d) On and after the effectiveness of this Amendment, this Amendment shall constitute a “Loan Document” for all purposes of the Loan Agreement or any and the other Loan Documents, each of which is hereby reaffirmed.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended hereby.
(b) Except as specifically amended herein, the Credit Agreement and all other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or the Lenders under the Credit Agreement or any other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any other Loan Documents, each of which is hereby reaffirmed.
(d) This Amendment shall constitute a “Loan Document”.
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