Common use of Reference to and Effect on the Credit Agreement Clause in Contracts

Reference to and Effect on the Credit Agreement. 5.1 Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 Except as specifically amended above, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 5.3 The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, the Notes or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.

Reference to and Effect on the Credit Agreement. 5.1 4.1 Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 4.2 Except as specifically amended above, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 5.3 4.3 The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, the Notes or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.

Reference to and Effect on the Credit Agreement. 5.1 (a) Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein,” “hereby,” or words of like import shall mean and be a reference to the Credit Agreement, Agreement as amended herebyby this Amendment, and each reference to the Credit Agreement in any other document, instrument instrument, or agreement executed and/or or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended herebyby this Amendment. 5.2 (b) Except as specifically amended abovehereby, the Credit Agreement, the Notes Agreement and all each other documents, instruments and agreements executed and/or delivered in connection therewith Loan Document shall remain in full force and effect and are hereby ratified and confirmed. 5.3 (c) The execution, delivery delivery, and effectiveness of this Amendment shall not operate as a waiver of any right, power power, or remedy of any party the Lender under the Credit Agreement, the Notes Agreement or any of the other document, instrument or agreement executed in connection therewithLoan Documents, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.

Reference to and Effect on the Credit Agreement. 5.1 1. Upon the effectiveness of this AmendmentAmendment pursuant to Section II above, on and after the date hereof, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended modified hereby. 5.2 2. Except as specifically amended aboveor modified by this Amendment and the Reaffirmation Agreements (as defined in the Amended Credit Agreement), the Credit Agreement, the Notes Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. 5.3 3. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party under the Credit AgreementAdministrative Agent, the Notes or any other document, instrument Agent or agreement executed in connection therewiththe Lenders, nor constitute a waiver of any provision contained thereinof the Credit Agreement or any other documents, except as specifically set forth hereininstruments and agreements executed and/or delivered in connection therewith.

Reference to and Effect on the Credit Agreement. 5.1 Upon (a) From and after the effectiveness of this Amendment, each reference in the amendment to the Credit Agreement to evidenced hereby, the terms “Agreement”, “this Agreement”, “hereunderherein”, “hereinafter”, “hereto”, “hereof”, “herein” or and words of like import shall mean and be a reference to similar import, as used in the Amended Credit Agreement, as amended herebyshall, and each reference unless the context otherwise requires, refer to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 Except as specifically amended above, the Amended Credit Agreement, and the Notes term “Credit Agreement”, as used in the other Loan Documents, shall mean the Amended Credit Agreement. (b) Each Loan Document and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 5.3 (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, Administrative Agent or the Notes or any other document, instrument or agreement executed in connection therewithLenders, nor constitute a waiver of any provision contained thereinof the Credit Agreement, except as specifically set forth hereinthe Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith. (d) This Amendment shall be a Loan Document.

Reference to and Effect on the Credit Agreement. 5.1 Upon On and after the effectiveness of this AmendmentFifth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended hereby, and each reference referring to the Credit Agreement and each reference in any the other documentLoan Documents to the “Credit Agreement”, instrument “thereunder”, “thereof” or agreement executed and/or delivered in connection with words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 Except . The Credit Agreement and each other Loan Document, as specifically amended aboveby this Amendment, the Credit Agreement, the Notes are and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. 5.3 . 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. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a an amendment or waiver of any right, power or remedy of any party Lender or Agent under any of the Credit Agreement, the Notes or any other document, instrument or agreement executed in connection therewithLoan Documents, nor constitute a an amendment or waiver of any provision contained therein, except as specifically set forth hereinof any of the Loan Documents.

Reference to and Effect on the Credit Agreement. 5.1 4.1 Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof”", “"herein” " or words of like import shall mean and be a reference to the Credit Agreement, as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 4.2 Except as specifically amended above, the Credit Agreement, the Notes Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 5.3 4.3 The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party Bank, the Issuing Bank, any Co-Agent, the Issuing Bank Agent, the Euro-Agent or the Agent under the Credit Agreement, the Notes Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.

Reference to and Effect on the Credit Agreement. 5.1 6.1 Upon the effectiveness of this AmendmentAgreement, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended herebyaffected by this Agreement, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended affected hereby. 5.2 6.2 Except as specifically amended aboveaffected by this Agreement, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 5.3 6.3 The execution, delivery and effectiveness of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, the Notes or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.

Reference to and Effect on the Credit Agreement. 5.1 a. Upon the effectiveness of this AmendmentWaiver and Amendment No. 5, on and after the date hereof, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby. b. Subject to the waiver and amendment provided hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 Except as specifically amended above, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed. 5.3 The c. Except as specifically set forth herein, the execution, delivery and effectiveness of this Waiver and Amendment No. 5 shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, Administrative Agent or the Notes or any other document, instrument or agreement executed in connection therewithLenders, nor constitute a waiver of any provision contained thereinof the Credit Agreement or any other documents, except as specifically set forth hereininstruments and agreements executed and/or delivered in connection therewith.

Reference to and Effect on the Credit Agreement. 5.1 (a) Upon the effectiveness of this Amendment, Section 5 hereof each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, Agreement as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended modified hereby. 5.2 Except as specifically amended above, the (b) The Credit Agreement, the Notes as amended hereby, and all other documents, instruments and agreements executed and/or delivered in connection therewith therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. 5.3 The (c) Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, Agents or the Notes or any other document, instrument or agreement executed in connection therewithLenders, nor constitute a waiver of any provision contained thereinof the Credit Agreement or any other documents, except as specifically set forth hereininstruments and agreements executed and/or delivered in connection therewith.

Reference to and Effect on the Credit Agreement. 5.1 a. Upon the effectiveness of this AmendmentWaiver and Amendment No. 6, on and after the date hereof, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby. b. Subject to the waiver and amendment provided hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 Except as specifically amended above, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed. 5.3 The c. Except as specifically set forth herein, the execution, delivery and effectiveness of this Waiver and Amendment No. 6 shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, Administrative Agent or the Notes or any other document, instrument or agreement executed in connection therewithLenders, nor constitute a waiver of any provision contained thereinof the Credit Agreement or any other documents, except as specifically set forth hereininstruments and agreements executed and/or delivered in connection therewith.

Reference to and Effect on the Credit Agreement. 5.1 a. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “"this Agreement”, “," "hereunder”, “," "hereof”, “herein” ," or words of like import shall mean and be a reference to the Credit Agreement, as amended hereby, and each reference to the Credit Agreement in any an other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 b. Except as specifically amended above, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. 5.3 c. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party Lender or Issuing Bank or the Agent under the Credit Agreement, the Notes or any of the other document, instrument or agreement executed in connection therewithLoan Documents, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.

Reference to and Effect on the Credit Agreement. 5.1 5.1. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 5.2. Except as specifically amended above, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 5.3 5.3. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, the Notes or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, except as specifically set forth herein.

Reference to and Effect on the Credit Agreement. 5.1 a. Upon the effectiveness of this AmendmentWaiver and Amendment No. 7, on and after the date hereof, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby. b. Subject to the waiver and amendment provided hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 Except as specifically amended above, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed. 5.3 The c. Except as specifically set forth herein, the execution, delivery and effectiveness of this Waiver and Amendment No. 7 shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, Administrative Agent or the Notes or any other document, instrument or agreement executed in connection therewithLenders, nor constitute a waiver of any provision contained thereinof the Credit Agreement or any other documents, except as specifically set forth hereininstruments and agreements executed and/or delivered in connection therewith.

Reference to and Effect on the Credit Agreement. 5.1 (a) Upon the effectiveness of this AmendmentAmendment as set forth in Section 4 hereof, on and after the date hereof, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Credit Agreement, Agreement as amended hereby, and each reference in the Notes and the other Loan Documents to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 (b) Except as specifically amended above, the Credit Agreement, Agreement and the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith May 2006 Notice of Incremental Term Loan Borrowing shall remain in full force and effect and are hereby ratified and confirmedconfirmed in all respects. 5.3 (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 party the Lenders under the Credit Agreement, the Notes Agreement or any other document, instrument or agreement executed in connection therewithLoan Document, nor constitute a waiver of any provision contained therein, except as specifically set forth hereinof the Credit Agreement or any other Loan Document.

Reference to and Effect on the Credit Agreement. 5.1 a. Upon the effectiveness of this AmendmentWaiver and Amendment No. 4, on and after the date hereof, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby. b. Subject to the waiver and amendment provided hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. 5.2 Except as specifically amended above, the Credit Agreement, the Notes and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed. 5.3 The c. Except as specifically set forth herein, the execution, delivery and effectiveness of this Waiver and Amendment No. 4 shall not operate as a waiver of any right, power or remedy of any party under the Credit Agreement, Administrative Agent or the Notes or any other document, instrument or agreement executed in connection therewithLenders, nor constitute a waiver of any provision contained thereinof the Credit Agreement or any other documents, except as specifically set forth hereininstruments and agreements executed and/or delivered in connection therewith.