Reference to and Effect on the Credit Agreement. (a) On and after the effective date 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 by this Amendment, 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 by this Amendment. (b) Except as specifically amended above, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby 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 stated to be secured thereby under the Loan Documents. (c) Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents or constitute a waiver of any provision of any of the Loan Documents.
Appears in 6 contracts
Samples: Credit Agreement (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp)
Reference to and Effect on the Credit Agreement. (a) On and after Upon the effective date of this Amendment effectiveness 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 by this Amendmentimport, and each reference in the any other Loan Documents Document to “the Credit Agreement,” Agreement (including, without limitation, by means of words like “thereunder,” “thereof,” “therein” or and words of like import referring to the Credit Agreementimport), shall mean and be a reference to the Credit Agreement as amended by hereby, and this AmendmentAmendment and the Credit Agreement shall be read together and construed as a single instrument referred to herein as the Amended Credit Agreement.
(b) Except as specifically expressly amended abovehereby, the Credit Agreement and the all other Loan Documents documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby reaffirmed, 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 stated to be secured thereby under the Loan Documents.
(c) The liens and security interests in favor of the Administrative Agent for the benefit of the Secured Parties securing payment of the Secured Obligations (and all filings with any Governmental Authority in connection therewith) are in all respects continuing and in full force and effect with respect to all Secured Obligations.
(d) Except as expressly set forth hereinwith respect to the subject matter hereof, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents or Lenders, nor constitute a waiver of any provision of the Credit Agreement or any of other documents, instruments and agreements executed and/or delivered in connection therewith.
(e) This Amendment is a Loan Document under (and as defined in) the Loan DocumentsCredit Agreement.
Appears in 5 contracts
Samples: Credit Agreement (MTS Systems Corp), Credit Agreement (MTS Systems Corp), Credit Agreement (MTS Systems Corp)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date of this Amendment 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” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. The Credit Agreement and each other Loan Document, as specifically amended by this Amendment, are and each reference in the other Loan Documents shall continue 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 by this Amendment.
(b) Except as specifically amended above, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all obligations stated to be secured thereby Obligations of the Loan Parties under the Loan Documents.
(c) Except as expressly set forth herein, the . 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 the Administrative Agent or any Lender or Agent under any of the Loan Documents Documents, nor constitute an amendment or constitute a waiver of any provision of any of the Loan Documents.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Revel AC, Inc.), Credit Agreement (Revel Entertainment Group, LLC), Credit Agreement (Revel Entertainment Group, LLC)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date 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 by this Amendment, 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 by this Amendment.
(b) Except as specifically amended above, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby 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 stated to be secured thereby under the Loan Documents.
(c) Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents or constitute a waiver of any provision of any of the Loan Documents.
(d) This Agreement is a Loan Document for the purposes of the other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date 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 by this AmendmentAgreement, and each reference in the other Loan Credit 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 by this Amendment.
(b) Except as specifically amended above, the Credit Agreement and the other Loan Credit Documents shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all obligations stated to be secured thereby under the Loan Credit Documents.
(c) Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender Bank under any of the Loan Credit Documents or constitute a waiver of any provision of any of the Loan Credit Documents.
Appears in 3 contracts
Samples: Credit Agreement (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp)
Reference to and Effect on the Credit Agreement. (a) On Upon the effectiveness of Section 1 hereof, on and after the effective date of this Amendment hereof, each reference in the Credit Agreement to “this Credit Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment, 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 by this Amendmenthereby.
(b) Except as specifically amended above, the Credit Agreement Agreement, as amended hereby, and the all other Loan Documents documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. Without limiting the generality foregoing, each Borrower hereby reaffirms all Liens on the Collateral which have been granted by it in favor of the foregoing, Administrative Agent (for itself and the Collateral Documents and all other Holders of the Collateral described therein do and shall continue Secured Obligations) pursuant to secure the payment any of all obligations stated to be secured thereby under the Loan Documents.
(c) Except as expressly set forth provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents or Lenders, nor constitute a waiver of any provision of the Credit Agreement or any of the Loan Documentsother documents, instruments and agreements executed and/or delivered in connection therewith.
Appears in 3 contracts
Samples: Credit Agreement (Arvinmeritor Inc), Credit Agreement (Arvinmeritor Inc), Credit Agreement (Arvinmeritor Inc)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date of this Amendment 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 by this AmendmentAgreement, and each reference in the other Loan Credit 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 by this Amendment.
(b) Except as specifically amended aboveabove and except for the issuance of the New Notes, the Credit Agreement and the other Loan Credit Documents shall remain in full force and effect and are hereby 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 stated to be secured thereby under the Loan Credit Documents, as amended hereby and by the New Notes.
(c) Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender Bank under any of the Loan Credit Documents or constitute a waiver of any provision of any of the Loan Credit Documents.
Appears in 2 contracts
Samples: Credit Agreement (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date of this Amendment 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 by this AmendmentAgreement, and each reference in the other Loan Credit 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 by this Amendment.
(b) Except as specifically amended above, the Credit Agreement and the other Loan Credit Documents shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all obligations stated to be secured thereby under the Loan Credit Documents.
(c) Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender Bank under any of the Loan Credit Documents or constitute a waiver of any provision of any of the Loan Credit Documents.
Appears in 2 contracts
Samples: Credit Agreement (Crosstex Energy Lp), Credit Agreement (Crosstex Energy Lp)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date of this Amendment Effective Date, each reference in the Credit Agreement to (i) “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference referring to the Credit Agreement as amended by this AmendmentAgreement, and each reference in the other Loan Documents any related document 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 Agreement, as amended by this Amendment.
Agreement and (bii) Except as specifically amended above, the Additional Lender (x) shall become a “Lender” and an “Additional Lender” for all purposes of the Credit Agreement and the other Loan Documents and (y) shall remain have a “Commitment” under the Credit Agreement.
(b) The Credit Agreement, as specifically amended by this Agreement, is and shall continue to be in full force and effect and are is 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 stated to be secured thereby under the Loan Documents.
(c) Except as expressly set forth herein, the The execution, delivery and effectiveness of this Amendment Agreement 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 Loan Documents or Credit Agreement, nor constitute a waiver of any provision of any of the Loan DocumentsCredit Agreement.
Appears in 1 contract
Samples: Commitment Increase Supplement (Consolidated Edison Inc)
Reference to and Effect on the Credit Agreement. (a) On and after Upon the effective date of this Amendment effectiveness 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 by this Amendmentimport, and each reference in the any other Loan Documents Document to “the Credit Agreement,” Agreement (including, without limitation, by means of words like “thereunder,” “thereof,” “therein” or and words of like import referring to the Credit Agreementimport), shall mean and be a reference to the Amended Credit Agreement and this Amendment and the Credit Agreement shall be read together and construed as amended by this Amendmenta single instrument referred to herein as the Amended Credit Agreement.
(b) Except as specifically expressly amended abovehereby, the Credit Agreement and the all other Loan Documents documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby reaffirmed, 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 stated to be secured thereby under the Loan Documents.
(c) The Liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (and all filings with any Governmental 3
(d) Except as expressly set forth hereinwith respect to the subject matter hereof, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents or Lenders, nor constitute a waiver of any provision of the Credit Agreement or any of other documents, instruments and agreements executed and/or delivered in connection therewith.
(e) This Amendment is a Loan Document under (and as defined in) the Loan DocumentsCredit Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Briggs & Stratton Corp)
Reference to and Effect on the Credit Agreement. (a) On Upon the Second Amendment Effective Date and after the effective date of this Amendment except as expressly set forth herein, (i) each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” ’ or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement Agreement, as specifically amended by this AmendmentAmendment and (ii) each reference to a “Commitment” or “Loan” shall be deemed to include the Second Amendment Revolving Commitments or Second Amendment Revolving Loans, or Incremental Term Loans, as applicable, and each reference in the all 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 by this Amendmentrelated terms will have correlative meanings mutatis mutandis.
(b) Except as specifically amended above, the The Credit Agreement and the all other Loan Documents documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby reaffirmed, 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 stated to be secured thereby under the Loan Documents.
(c) Except as expressly set forth hereinwith respect to the subject matter hereof, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents or Lenders, nor constitute a waiver of any provision of the Credit Agreement or any of other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document under (and as defined in) the Loan DocumentsCredit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Lam Research Corp)
Reference to and Effect on the Credit Agreement. the Pledge and Security Agreement and the Other Credit Documents.
(ai) On and after the effective date of this First Amendment Effective Date, each reference in the Credit Agreement or the Pledge and Security Agreement, as applicable, to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein” or words of like import shall mean and be a reference referring to the Credit Agreement or the Pledge and Security Agreement, as amended by this Amendmentapplicable, and each reference in the other Loan Credit 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 by this Amendment and each reference in the other Credit Documents to the “Pledge and Security Agreement”, “thereunder”, “thereof” or words of like import referring to the Pledge and Security Agreement, shall mean and be a reference to the Pledge and Security Agreement as amended by this Amendment.
(bii) Except as specifically amended aboveby this Amendment, the Credit Agreement, the Pledge and Security Agreement and the other Loan Credit Documents shall remain in full force and effect and are hereby 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 stated to be secured thereby under the Loan Documents.
(ciii) Except as expressly set forth herein, the 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 Administrative any Agent or any Lender under under, the Credit Agreement, the Pledge and Security Agreement or any of the Loan Documents or constitute a waiver of any provision of any of the Loan other Credit Documents.
Appears in 1 contract
Reference to and Effect on the Credit Agreement. (a) On and after the effective date effectiveness of this Amendment Waiver, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” or words of like import shall mean and be a reference referring to the Credit Agreement as amended by this Amendment, and each reference in 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 Agreement, as amended waived by this Amendment.
(b) Except Waiver. This Waiver is a “Loan Document” as specifically amended above, defined under the Credit Agreement. The Credit Agreement and each of the other Loan Documents Documents, as specifically waived by this Waiver, are and shall remain 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 stated to be secured thereby under the Loan Documents.
(c) Except as expressly set forth herein, the The execution, delivery and effectiveness of this Amendment Waiver shall not not, except as expressly provided herein, operate as a an amendment or waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents Documents, nor constitute an amendment or constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Limited Waiver (Praxair Inc)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date of this 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 referring to the Credit Agreement as amended by this AmendmentAgreement, 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 or waived by this Amendment and Waiver. The Credit Agreement and each of the other Loan Documents, as specifically amended by this Amendment.
(b) Except as specifically amended aboveAmendment and Waiver, the Credit Agreement are and the other Loan Documents shall remain 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all obligations stated to be secured thereby Secured Obligations of the Loan Parties under the Loan Documents.
(c) Except as expressly set forth herein, the . The execution, delivery and effectiveness of this Amendment and Waiver shall not not, except as expressly provided herein, operate as a an amendment or waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Loan Documents Documents, nor constitute an amendment or constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Reference to and Effect on the Credit Agreement. (a) On and after Upon the effective date of this Amendment effectiveness 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 by this Amendmentimport, and each reference in the any other Loan Documents Document to “the Credit Agreement,” Agreement (including, without limitation, by means of words like “thereunder,” “thereof,” “therein” or and words of like import referring to the Credit Agreementimport), shall mean and be a reference to the Amended Credit Agreement and this Amendment and the Credit Agreement shall be read together and construed as amended by this Amendmenta single instrument referred to herein as the Amended Credit Agreement.
(b) Except as specifically expressly amended abovehereby, the Credit Agreement and the all other Loan Documents documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby reaffirmed, ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents .
(c) The Liens and all security interests in favor of the Collateral described therein do and shall continue to secure Agent for the benefit of the Secured Parties securing payment of the Obligations (and all obligations stated filings with any Governmental Authority in connection therewith) are in all respects continuing and in full force and effect with respect to be secured thereby under all Obligations, in each case in accordance with and to the extent contemplated by the terms of the respective Loan Documents.
(cd) Except as expressly set forth hereinwith respect to the subject matter hereof, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents or Lenders, nor constitute a waiver of any provision of any of the Credit 5
(e) This Amendment is a Loan DocumentsDocument under (and as defined in) the Credit Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Briggs & Stratton Corp)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date effectiveness of this Amendment Agreement, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” or words of like import shall mean and be a reference referring to the Credit Agreement as amended by this AmendmentAgreement, 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 Agreement, as amended by this AmendmentAgreement.
(ba) Except On and after the effectiveness of this Agreement, the Amendment Effective Date and the Merger Effective Date, (i) the Credit Agreement, as specifically amended aboveby this Agreement, the Credit Agreement is and the other Loan Documents shall remain continue to be in full force and effect and are is hereby in all respects ratified and confirmed. Without limiting the generality confirmed and (ii) each of the foregoing, the Collateral Loan Documents to which such Loan Party is a party and all of the Collateral described therein do do, and shall continue to to, secure the payment of all obligations stated to be secured thereby under of the Loan DocumentsSecured Obligations.
(cb) Except as expressly set forth herein, the The execution, delivery and effectiveness of this Amendment Agreement 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 or Agent under any of the Loan Documents or Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Second Lien Credit Agreement (US Power Generating CO)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date effectiveness of this Amendment Agreement, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” or words of like import shall mean and be a reference referring to the Credit Agreement as amended by this AmendmentAgreement, 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 Agreement, as amended by this AmendmentAgreement.
(b) Except On and after the effectiveness of this Agreement, the Amendment Effective Date and the Merger Effective Date, (i) the Credit Agreement, as specifically amended aboveby this Agreement, the Credit Agreement is and the other Loan Documents shall remain continue to be in full force and effect and are is hereby in all respects ratified and confirmed. Without limiting the generality confirmed and (ii) each of the foregoing, the Collateral Loan Documents to which such Loan Party is a party and all of the Collateral described therein do do, and shall continue to to, secure the payment of all obligations stated to be secured thereby under of the Loan DocumentsSecured Obligations.
(c) Except as expressly set forth herein, the The execution, delivery and effectiveness of this Amendment Agreement 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 Party or Agent under any of the Loan Documents or Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: First Lien Credit Agreement (US Power Generating CO)
Reference to and Effect on the Credit Agreement. (a) On and after the effective date of this Amendment 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 by this AmendmentAgreement, and each reference in the other Loan Credit 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 by this Amendment.
(b) Except as specifically amended aboveabove and except for the issuance of the New Notes, the Credit Agreement and the other Loan Credit Documents shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all obligations stated to be secured thereby under the Loan Credit Documents, as amended hereby and by the New Notes.
(c) Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender Bank under any of the Loan Credit Documents or constitute a waiver of any provision of any of the Loan Credit Documents.
Appears in 1 contract
Reference to and Effect on the Credit Agreement. (a) On and after the effective date effectiveness of this Amendment and Waiver, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” or words of like import shall mean and be a reference referring to the Credit Agreement as amended by this AmendmentAgreement, 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 Agreement, as amended by this AmendmentAmendment and Waiver.
(b) Except The Credit Agreement and each of the other Loan Documents, as specifically amended aboveby this Amendment and Waiver, the Credit Agreement is and the other Loan Documents shall remain continue to be in full force and effect and are is 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 stated to be secured thereby Obligations of the Loan Parties under the Loan Documents, in each case as amended by this Amendment.
(c) Except as expressly set forth herein, the 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 Administrative Agent under the Credit Agreement or any Lender under any of the other Loan Documents or Document, nor constitute a waiver of any provision of any of the Loan DocumentsCredit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Polyone Corp)
Reference to and Effect on the Credit Agreement. (a) On and after Upon the effective date of this Amendment effectiveness hereof, each reference in the Credit Agreement and the other Loan Documents to “this Credit Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement as amended by this Amendment, 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 as modified hereby. This Agreement is a reference Loan Document pursuant to the Credit Agreement as amended by this Amendmentand shall (unless expressly indicated herein or therein) be construed, administered, and applied, in accordance with all of the terms and provisions of the Credit Agreement.
(b) Except as specifically waived or consented to or amended above, the Credit Agreement and the all other Loan Documents Documents, and all of the Loan Parties’ respective obligations thereunder, shall remain in full force and effect effect, and are hereby 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 stated to be secured thereby under the Loan Documents.
(c) Except as expressly set forth provided herein, the execution, delivery and effectiveness of this Amendment Agreement (or any provision hereof) shall not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents or Lenders, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan DocumentsDocument.
Appears in 1 contract
Samples: Credit Agreement (ARC Properties Operating Partnership, L.P.)