Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this Amendment, 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 Existing Credit Agreement, shall mean and be a reference to the Existing Credit Agreement, as amended by this Amendment. (b) The Existing Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, 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, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 2 contracts
Samples: Senior Secured Superpriority Debtor in Possession Credit Agreement (Quebecor World Inc), Senior Secured Superpriority Debtor in Possession Credit Agreement (Quebecor World Inc)
Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 1 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein” 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 “the Credit Agreement”, ,” “thereunder”, ,” “thereof” or words of like import referring to the Existing Credit Agreement, Agreement shall mean and be a reference to the Existing Amended Credit Agreement, as amended by this Amendment.
(b) The Existing Credit Agreement, the Notes and each of the other Loan Documents, . Except as specifically amended by this Amendment, are the Existing Credit Agreement and the other Loan Documents shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. Without limiting The parties hereto acknowledge and agree that the generality amendments to the Existing Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the foregoing, Existing Credit Agreement and the Collateral other Loan Documents and all of as in effect prior to 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) date hereof. The execution, delivery and effectiveness performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under, the Existing Credit Agreement or the Agent under any of the other Loan Documents. On or after the Amendment No. 1 Effective Date, nor this Amendment shall constitute a waiver of any provision of any of the Loan DocumentsDocument.
Appears in 2 contracts
Samples: Credit Agreement (Topgolf Callaway Brands Corp.), Credit Agreement (Phinia Inc.)
Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this AmendmentEffective Date (as defined below), each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof’“, “herein” or words of like import referring to the Existing Credit Agreement, and each reference in the Notes and each of the other applicable Loan Documents to the “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement, Agreement shall mean and be a reference to the Existing Amended Credit Agreement, as amended by this Amendment.
(b) The Existing Credit Agreement, the Notes and each of the other Loan Documents, Except as specifically amended by this Amendment, are the Existing Credit Agreement and the other Loan Documents relating thereto shall continue to be remain 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 performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Agent or any Lender under, the Existing Credit Agreement or the Agent under any of the other Loan Documents, nor constitute a waiver of any provision of any of the Loan DocumentsDocuments relating thereto.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Oppenheimer Holdings Inc), Senior Secured Credit Agreement (Oppenheimer Holdings Inc)
Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this AmendmentEffective 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 Existing Credit Agreement, Agreement shall mean and be a reference to the Existing Amended Credit Agreement, as amended by this Amendment.
(b) The Existing Amended Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this Amendment, 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, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Existing Credit Agreement or the Loan Documents, which shall remain in full force and effect, except as modified hereby. On and after the Effective Date, this Amendment shall for all purposes constitute a Loan Document.
(d) The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Effective Date.
Appears in 2 contracts
Samples: Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.)
Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 6 Effective Date, each reference in the Existing Amended Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein” 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 “the Credit Agreement”, ,” “thereunder”, ,” “thereof,” “therein” or words of like import referring to the Existing Credit Agreement, Agreement shall mean and be a reference to the Existing Amended Credit Agreement, as amended by this Amendment.
(b) The Existing Credit Agreement, Agreement reflecting the Notes and each of the other Loan Documents, amendments set forth in Section 1. Except as specifically amended by this Amendment, are the Existing Credit Agreement and the other Loan Documents shall continue to be remain 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 performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Amended Credit Agreement or the Agent under any of the other Loan Documents, nor . This Amendment and the Amended Credit Agreement do not constitute a waiver novation of any provision of the Obligations or any of the Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Cedar Fair L P)
Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 1 Effective Date, each reference in the Existing Amended Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein” 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 “the Credit Agreement”, ,” “thereunder”, ,” “thereof,” “therein” or words of like import referring to the Existing Credit Agreement, Agreement shall mean and be a reference to the Existing Amended Credit Agreement, as amended by this Amendment.
(b) The Existing Credit Agreement, the Notes and each of the other Loan Documents, . Except as specifically amended by this Amendment, are the Amended Credit Agreement and the other Loan Documents shall continue to be remain 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 performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Amended Credit Agreement or the Agent under any of the other Loan Documents, nor . This Amendment and the Amended Credit Agreement do not constitute a waiver of any provision of any novation, satisfaction, payment, reborrowing or termination of the Loan DocumentsIndebtedness and Obligations existing under the Existing Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Cedar Fair L P)
Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this AmendmentFirst Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, Agreement and each reference in the Notes and each of the other Loan Documents to the “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement, Agreement shall mean and be a reference to the Existing Amended Credit Agreement, as amended by this Amendment.
(b) The Existing Credit Agreement, the Notes and each of the other Loan Documents, Except as specifically amended by this Amendment, are the Existing Credit Agreement and the other Loan Documents shall continue to be remain 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, execution and delivery and effectiveness of this Amendment and the performance of this Amendment and the Amended Credit Agreement shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Existing Credit Agreement or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the other Loan Documents.
(d) For the avoidance of doubt, this Amendment shall constitute a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (W R Grace & Co)
Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this AmendmentFirst Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereofherein” 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 “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement, shall shall, in each case, mean and be a reference to the Existing Credit Agreement, Agreement as amended by this Amendment.
(b) The Existing Credit Agreement, the Notes and each of the other Loan Documents, . Except as specifically amended by this Amendment, are the Existing Credit Agreement and the other Loan Documents shall continue to be remain in full force and effect (with the same priority, as applicable) and are hereby in all respects ratified and confirmedconfirmed and this Amendment shall not be considered a novation. 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 performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of the Administrative Agent, any Lender or any other party under, the Agent under Amended Credit Agreement, any of the other Loan Documents, nor constitute Documents or otherwise. This Amendment and each other document executed in connection herewith shall be deemed to be a waiver of any provision of any of “Loan Document” as defined in the Loan DocumentsAmended Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Genius Sports LTD)
Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment No. 5 Effective Date, each reference in the Existing Amended Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein” 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 “the Credit Agreement”, ,” “thereunder”, ,” “thereof,” “therein” or words of like import referring to the Existing Credit Agreement, Agreement shall mean and be a reference to the Existing Amended Credit Agreement, as amended by this Amendment.
(b) The Existing Credit Agreement, Agreement reflecting the Notes and each of the other Loan Documents, amendments set forth herein. Except as specifically amended by this Amendment, are the Existing Credit Agreement and the other Loan Documents shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. Without limiting confirmed and 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 performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Amended Credit Agreement or the Agent under any of the other Loan Documents, nor . This Amendment and the Amended Credit Agreement do not constitute a waiver of any provision of any novation, satisfaction, payment, reborrowing or termination of the Loan DocumentsIndebtedness and Obligations existing under the Existing Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Cedar Fair L P)