Common use of Reference to and Effect on the Existing Credit Agreement and the other Loan Documents Clause in Contracts

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. From and after the Effective Date: all terms and conditions of the Existing Credit Agreement and any other “Loan Document” as defined therein, as amended and restated by this Agreement and the other Loan Documents being executed and delivered on the Effective Date, shall be and remain in full force and effect, as so amended and restated, and shall constitute the legal, valid, binding and enforceable obligations of the parties thereto. Without limiting the generality of the foregoing: (i) the terms and conditions of the Existing Credit Agreement shall be amended and restated as set forth herein and, as so amended and restated, shall be amended and restated in their entirety, but shall be amended and restated only with respect to the rights, duties and obligations among the Borrower, the Lenders, the Lead Arranger and the Administrative Agent accruing from and after the Effective Date; (ii) this Agreement shall not in any way release or impair the rights, duties or Obligations created pursuant to the Existing Credit Agreement or any other Loan Document or affect the relative priorities thereof, in each case to the extent in force and effect prior to the Effective Date, except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all of such rights, duties and Obligations are assumed, ratified and affirmed by the Borrower; (iii) all indemnification obligations of the Borrower under the Existing Credit Agreement and any other Loan Documents shall survive the execution and delivery of this Agreement and shall continue in full force and effect for the benefit of the Lenders, the Lead Arranger, the Administrative Agent, and any other Person indemnified under the Existing Credit Agreement or any other Loan Document at any time prior to the Effective Date; (iv) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Effective Date, continue outstanding and shall not be deemed to be paid, released, discharged, extinguished or otherwise satisfied by the execution of this Agreement, and this Agreement shall not constitute a refinancing, substitution or novation of such Obligations or any of the other rights, duties and obligations of the parties hereunder, in each case except as otherwise provided for by the terms of this Agreement; and (v) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Lenders, the Lead Arranger or the Administrative Agent under the Existing Credit Agreement, nor constitute a waiver of any covenant, agreement or obligation under the Existing Credit Agreement, except to the extent that any such covenant, agreement or obligation is no longer set forth herein or is modified hereby.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. From (a) On and after the Second Amendment Effective Date: all terms , each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Amended Credit Agreement shall mean and conditions of be a reference to the Existing Credit Agreement, as amended by this Second Amendment. (b) The Existing Credit Agreement and any other “Loan Document” as defined therein, as amended and restated by this Agreement and each of the other Loan Documents being executed and delivered on the Effective Date, shall be and remain in full force and effectDocuments, as so specifically amended and restatedby this Second Amendment, and shall constitute the legal, valid, binding and enforceable obligations of the parties thereto. Without limiting the generality of the foregoing: (i) the terms and conditions of the Existing Credit Agreement shall be amended and restated as set forth herein and, as so amended and restated, shall be amended and restated in their entirety, but shall be amended and restated only with respect to the rights, duties and obligations among the Borrower, the Lenders, the Lead Arranger and the Administrative Agent accruing from and after the Effective Date; (ii) this Agreement shall not in any way release or impair the rights, duties or Obligations created pursuant to the Existing Credit Agreement or any other Loan Document or affect the relative priorities thereof, in each case to the extent in force and effect prior to the Effective Date, except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all of such rights, duties and Obligations are assumed, ratified and affirmed by the Borrower; (iii) all indemnification obligations of the Borrower under the Existing Credit Agreement and any other Loan Documents shall survive the execution and delivery of this Agreement and shall continue to be in full force and effect for the benefit of the Lenders, the Lead Arranger, the Administrative Agent, and any other Person indemnified under the Existing Credit Agreement or any other Loan Document at any time prior to the Effective Date;are hereby in all respects ratified and confirmed. (ivc) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Effective Date, continue outstanding and shall not be deemed to be paid, released, discharged, extinguished or otherwise satisfied by the execution of this Agreement, and this Agreement shall not constitute a refinancing, substitution or novation of such Obligations or any of the other rights, duties and obligations of the parties hereunder, in each case except as otherwise provided for by the terms of this Agreement; and (v) the The execution, delivery and effectiveness of this Agreement Second Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lenders, the Lead Arranger any Lender or the Administrative Agent under any of the Existing Credit AgreementLoan Documents, nor constitute a waiver of any covenantprovision of any of the Loan Documents. On and after the Second Amendment Effective Date, agreement this Second Amendment shall for all purposes constitute a Loan Document. (d) This Second Amendment shall not extinguish the Loans or obligation any other Obligations outstanding under the Existing Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Existing Credit Agreement, except to which shall remain outstanding after the extent that any such covenant, agreement or obligation is no longer set forth herein or is Second Amendment Effective Date as modified hereby. (e) The Borrower expressly acknowledges and agrees that (i) there has not been, and this Second Amendment does not constitute or establish, a novation with respect to the Existing Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Second Amendment shall affect or limit the Administrative Agent’s or Lenders’ right to demand payment of liabilities owing from Borrower to Administrative Agent or the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Amended Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Amended Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Amended Credit Agreement or the other Loan Documents. (f) This Second Amendment is a Loan Document executed pursuant to the Existing Credit Agreement and shall be construed, administered and applied in accordance with the terms and provisions thereof.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) Notwithstanding anything to the contrary contained herein or in the Amended Credit Agreement, (i) each Eurocurrency Loan (as defined in the Existing Credit Agreement) outstanding on the Effective Date (each, an “Existing Eurocurrency Loan”) shall remain outstanding as such until the expiration of the Interest Period applicable to such Existing Eurocurrency Loan, in accordance with, and subject to all of the terms and conditions of, the Existing Credit Agreement, and (ii) interest on each such Existing Eurocurrency Loan shall continue to accrue to, and shall be payable on, each interest payment date applicable thereto until the Interest Period for such Existing Eurocurrency Loan ends, in each case in accordance with Section 2.13 of the Existing Credit Agreement. From and after the Effective Date: all terms , (x) the Borrower shall not be permitted to request that any Lender fund, and conditions no Lender shall fund, any Eurocurrency Loan, (y) no Existing Eurocurrency Loan may be continued as a Eurocurrency Loan and (z) each Existing Eurocurrency Loan may be converted to a Term Benchmark Loan or an ABR Loan in accordance with the Amended Credit Agreement (it being understood that any such conversion to a Term Benchmark Loan shall require three U.S. Government Securities Business Days’ prior notice to the Agent). (b) Except as expressly set forth herein, this Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders or the Agent under the Existing Credit Agreement and or any other “Loan Document” as defined therein, as amended and restated by this shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement and the or any other Loan Documents being executed Document, all of which are ratified and delivered on the Effective Date, affirmed in all respects and shall be and remain continue in full force and effect. Nothing herein shall be deemed to entitle any Loan Party to a consent to, as so amended and restatedor a waiver, and shall constitute the legalamendment, validmodification or other change of, binding and enforceable obligations any of the parties thereto. Without limiting the generality of the foregoing: (i) the terms and conditions of the Existing Credit Agreement shall be amended and restated as set forth herein andterms, as so amended and restatedconditions, shall be amended and restated obligations, covenants or agreements contained in their entirety, but shall be amended and restated only with respect to the rights, duties and obligations among the Borrower, the Lenders, the Lead Arranger and the Administrative Agent accruing from and after the Effective Date; (ii) this Agreement shall not in any way release or impair the rights, duties or Obligations created pursuant to the Existing Credit Agreement or any other Loan Document in similar or affect the relative priorities thereof, in each case different circumstances. This Agreement shall apply and be effective only with respect to the extent in force and effect prior to the Effective Date, except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all provisions of such rights, duties and Obligations are assumed, ratified and affirmed by the Borrower; (iii) all indemnification obligations of the Borrower under the Existing Credit Agreement and any other specifically referred to herein. This Agreement shall constitute a “Loan Documents shall survive the execution and delivery of this Agreement and shall continue in full force and effect Document” for the benefit all purposes of the Lenders, the Lead Arranger, the Administrative Agent, and any other Person indemnified under the Existing Credit Agreement or any other Loan Document at any time prior to the Effective Date; (iv) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Effective Date, continue outstanding and shall not be deemed to be paid, released, discharged, extinguished or otherwise satisfied by the execution of this Agreement, and this Agreement shall not constitute a refinancing, substitution or novation of such Obligations or any of the other rights, duties and obligations of the parties hereunder, in each case except as otherwise provided for by the terms of this Agreement; and (v) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Lenders, the Lead Arranger or the Administrative Agent under the Existing Credit Agreement, nor constitute a waiver of any covenant, agreement or obligation under the Existing Credit Agreement, except to the extent that any such covenant, agreement or obligation is no longer set forth herein or is modified hereby.Amended Credit

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. From and after the Effective Date: all terms and conditions of the Existing Credit Agreement and any other “Loan Document” as defined therein, as amended and restated by this Agreement and the other Loan Documents being executed and delivered on the Effective Date, shall be and remain in full force and effect, as so amended and restated, and shall constitute the legal, valid, binding and enforceable obligations of the parties theretothereto to Lenders and Administrative Agent. Without limiting the generality of the foregoing: (i) the terms and conditions of the Existing Credit Agreement shall be amended and restated as set forth herein and, as so amended and restated, shall be amended and restated in their its entirety, but shall be amended and restated only with respect to the rights, duties and obligations among the Borrower, the Lenders, the Lead Arranger Lenders and the Administrative Agent accruing from and after the Effective Date; (ii) this Agreement shall not in any way release or impair the rights, duties or Obligations created pursuant to the Existing Credit Agreement or any other Loan Document or affect the relative priorities thereof, in each case to the extent in force and effect prior to the Effective Date, except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all of such rights, duties and Obligations are assumed, ratified and affirmed by the Borrower; (iii) all indemnification obligations of the Borrower under the Existing Credit Agreement and any other Loan Documents shall survive the execution and delivery of this Agreement and shall continue in full force and effect for the benefit of the Lenders, the Lead Arranger, the Administrative Agent, and any other Person indemnified under the Existing Credit Agreement or any other Loan Document at any time prior to the Effective Date; (iv) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Effective Date, continue outstanding and shall not be deemed to be paid, released, discharged, extinguished or otherwise satisfied by the execution of this Agreement, and this Agreement shall not constitute a refinancing, substitution or novation of such Obligations or any of the other rights, duties and obligations of the parties hereunder, in each case except as otherwise provided for by the terms of this Agreement; and (v) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Lenders, the Lead Arranger Lenders or the Administrative Agent under the Existing Credit Agreement, nor constitute a waiver of any covenant, agreement or obligation under the Existing Credit Agreement, except to the extent that any such covenant, agreement or obligation is no longer set forth herein or is modified hereby.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. From and after the Effective Date: all terms and conditions of the Existing Credit Agreement and any other “Loan Document” as defined therein, as amended and restated by this Agreement and the other Loan Documents being executed and delivered on the Effective Date, shall be and remain in full force and effect, as so amended and restated, and shall constitute the legal, valid, binding and enforceable obligations of the parties thereto. Without limiting the generality of the foregoing: (i) the terms and conditions of the Existing Credit Agreement shall be amended and restated as set forth herein and, as so amended and restated, shall be amended and restated in their entirety, but shall be amended and restated only with respect to the rights, duties and obligations among the Borrower, the Lenders, the Joint Lead Arranger Arrangers, the Syndication Agent and the Administrative Agent accruing from and after the Effective Date; (ii) this Agreement shall not in any way release or impair the rights, duties or Obligations created pursuant to the Existing Credit Agreement or any other Loan Document or affect the relative priorities thereof, in each case to the extent in force and effect prior to the Effective Date, except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all of such rights, duties and Obligations are assumed, ratified and affirmed by the Borrower; (iii) all indemnification obligations of the Borrower under the Existing Credit Agreement and any other Loan Documents shall survive the execution and delivery of this Agreement and shall continue in full force and effect for the benefit of the Lenders, the Joint Lead ArrangerArrangers, the Syndication Agent, the Administrative Agent, and any other Person indemnified under the Existing Credit Agreement or any other Loan Document at any time prior to the Effective Date; (iv) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Effective Date, continue outstanding and shall not be deemed to be paid, released, discharged, extinguished or otherwise satisfied by the execution of this Agreement, and this Agreement shall not constitute a refinancing, substitution or novation of such Obligations or any of the other rights, duties and obligations of the parties hereunder, in each case except as otherwise provided for by the terms of this Agreement; and (v) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Lenders, the Joint Lead Arranger Arrangers, the Syndication Agent or the Administrative Agent under the Existing Credit Agreement, nor constitute a waiver of any covenant, agreement or obligation under the Existing Credit Agreement, except to the extent that any such covenant, agreement or obligation is no longer set forth herein or is modified hereby.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. From On and after the Amendment No. 2 Effective Date: all terms , each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Existing Credit Agreement, and conditions each reference in the other Loan Documents to the “Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Existing Credit Agreement shall mean and any be a reference to the Amended Credit Agreement. On and after the Incremental Amendment Effective Date, each reference in the 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 other Loan Documents to the “Loan DocumentCredit Agreement,” as defined “thereunder,” “thereof,” “therein” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Amended Credit Agreement (and, on and after the Incremental Amendment Effective Date, as amended and restated on the Incremental Amendment Effective Date). Except as specifically amended by this Amendment, the Existing Credit Agreement and the other Loan Documents being executed and delivered on the Effective Date, shall be and remain in full force and effect, as so amended effect and restated, and shall constitute the legal, valid, binding and enforceable obligations of the parties thereto. Without limiting the generality of the foregoing: (i) the terms and conditions of the Existing Credit Agreement shall be amended and restated as set forth herein and, as so amended and restated, shall be amended and restated in their entirety, but shall be amended and restated only with respect to the rights, duties and obligations among the Borrower, the Lenders, the Lead Arranger and the Administrative Agent accruing from and after the Effective Date; (ii) this Agreement shall not in any way release or impair the rights, duties or Obligations created pursuant to the Existing Credit Agreement or any other Loan Document or affect the relative priorities thereof, in each case to the extent in force and effect prior to the Effective Date, except as modified are hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all of such rights, duties and Obligations are assumed, ratified and affirmed by the Borrower; (iii) all indemnification obligations of the Borrower under the Existing Credit Agreement confirmed. The execution, delivery and any other Loan Documents shall survive the execution and delivery performance of this Agreement and shall continue in full force and effect for the benefit of the Lenders, the Lead Arranger, the Administrative Agent, and any other Person indemnified under the Existing Credit Agreement or any other Loan Document at any time prior to the Effective Date; (iv) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Effective Date, continue outstanding and shall not be deemed to be paid, released, discharged, extinguished or otherwise satisfied by the execution of this Agreement, and this Agreement Amendment shall not constitute a refinancingwaiver of any provision of, substitution or novation of such Obligations or any of the other rights, duties and obligations of the parties hereunder, in each case except as otherwise provided for by the terms of this Agreement; and (v) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Lendersany Agent or Lender under, the Lead Arranger Amended Credit Agreement or any of the Administrative Agent other Loan Documents. This Amendment and the Amended Credit Agreement do not constitute a novation, satisfaction, payment, reborrowing or termination of the Indebtedness and Obligations existing under the Existing Credit Agreement, nor constitute a waiver of any covenant, agreement or obligation under the Existing Credit Agreement, except to the extent that any such covenant, agreement or obligation is no longer set forth herein or is modified hereby.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. From (i) On and after the Amendment Effective Date: all terms , each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and conditions each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof”, “therein” or words of like import referring to the Credit Agreement, in each case, shall mean and be a reference to the Existing Credit Agreement and any other “Loan Document” as defined therein, as amended and restated by this hereby. (ii) The Credit Agreement and the other Loan Documents being executed and delivered on the Effective Date, shall be and remain in full force and effect, as so amended effect and restated, are hereby ratified and shall constitute the legal, valid, binding and enforceable obligations of the parties thereto. Without limiting the generality of the foregoing:confirmed. (iiii) By executing and delivering a copy hereof, (A) each Loan Party hereby agrees that all Secured Obligations shall continue to be guaranteed pursuant to the Loan Guaranty in accordance with the terms and conditions provisions thereof and shall continue to be secured pursuant to the Collateral Documents in accordance with the terms and provisions thereof, and (B) each Loan Party hereby (1) reaffirms its prior grant and the validity of the Existing Credit Agreement shall be amended and restated as set forth herein and, as so amended and restated, shall be amended and restated in their entirety, but shall be amended and restated only with respect Liens granted by it pursuant to the rightsCollateral Documents, duties and obligations among the Borrower, the Lenders, the Lead Arranger and the Administrative Agent accruing from and after the Effective Date; (ii) agrees that, notwithstanding the effectiveness of this Agreement shall not in any way release or impair Amendment, after giving effect to this Amendment, the rights, duties or Obligations guaranty pursuant to the Loan Guaranty and the Liens created pursuant to the Existing Credit Agreement or any other Collateral Documents for the benefit of the Secured Parties continue to be in full force and effect and (iii) affirms, acknowledges and confirms all of its obligations and liabilities under the Loan Document or affect the relative priorities thereofDocuments to which such Loan Party is a party, in each case after giving effect to the extent this Amendment, all as provided in force and effect prior to the Effective Date, except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewithsuch Loan Documents, and all of acknowledges and agrees that such rights, duties obligations and Obligations are assumed, ratified and affirmed by the Borrower; (iii) all indemnification obligations of the Borrower under the Existing Credit Agreement and any other Loan Documents shall survive the execution and delivery of this Agreement and shall liabilities continue in full force and effect for the benefit of the Lendersin respect of, and to secure, the Lead Arranger, the Administrative Agent, and any other Person indemnified Secured Obligations under the Existing Credit Agreement or any and the other Loan Document at any time prior Documents, in each case after giving effect to the Effective Date;this Amendment. (iv) the Obligations incurred under the Existing Credit Agreement shallThe execution, to the extent outstanding on the Effective Date, continue outstanding delivery and shall not be deemed to be paid, released, discharged, extinguished or otherwise satisfied by the execution performance of this Agreement, and this Agreement Amendment shall not constitute a refinancingwaiver of any provision of, substitution or novation of such Obligations or any of the other rights, duties and obligations of the parties hereunder, in each case except as otherwise provided for by the terms of this Agreement; and (v) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the LendersAdministrative Agent, any Lender or any Issuing Bank under, the Lead Arranger Existing Credit Agreement or any of the Administrative Agent other Loan Documents. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Existing Credit AgreementAgreement or any other Loan Document or instruments securing the same, nor constitute a waiver of any covenant, agreement or obligation under the Existing Credit Agreement, except to the extent that any such covenant, agreement or obligation is no longer set forth herein or is modified herebywhich shall remain in full force and effect.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. From (a) (i) On and after the Amendment No. 6 Initial Effective Date: all terms and conditions of , each reference in the Existing Credit Agreement and any other to “Loan Documentthis Agreement”, “hereunder”, “hereof” as defined therein, as amended and restated by this Agreement and the other Loan Documents being executed and delivered on the Effective Date, shall be and remain in full force and effect, as so amended and restated, and shall constitute the legal, valid, binding and enforceable obligations or words of the parties thereto. Without limiting the generality of the foregoing: (i) the terms and conditions of like import referring to the Existing Credit Agreement shall mean and be amended and restated as set forth herein and, as so amended and restated, shall be amended and restated in their entirety, but shall be amended and restated only with respect a reference to the rights, duties Initial Amended Credit Agreement for all purposes under the Loan Documents and obligations among the Borrower, the Lenders, the Lead Arranger and the Administrative Agent accruing from (ii) on and after the Canadian Amendments Effective Date; (ii) , each reference in the Existing Credit Agreement or the Initial Amended Credit Agreement to “this Agreement shall not in any way release Agreement”, “hereunder”, “hereof” or impair the rights, duties or Obligations created pursuant words of like import referring to the Existing Credit Agreement or any other Loan Document or affect the relative priorities thereof, in each case Initial Amended Credit Agreement shall mean and be a reference to the extent in force Subsequent Amended Credit Agreement for all purposes under the Loan Documents. (b) From and effect prior to after the Amendment No. 6 Initial Effective Date, except as modified hereby or by documents, instruments and agreements executed and delivered in connection herewith, and all of such rights, duties and Obligations are assumed, ratified and affirmed by the Borrower; (iii) all indemnification obligations of the Borrower under the Existing Initial Amended Credit Agreement and any each of the other Loan Documents shall survive the execution and delivery of this Agreement are and shall continue to be in full force and effect for and are hereby in all respects ratified and confirmed. From and after the benefit of the Lenders, the Lead Arranger, the Administrative Agent, and any other Person indemnified under the Existing Credit Agreement or any other Loan Document at any time prior to the Effective Date; (iv) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Canadian Amendments Effective Date, continue outstanding the Subsequent Amended Credit Agreement and shall not be deemed to be paid, released, discharged, extinguished or otherwise satisfied by the execution of this Agreement, and this Agreement shall not constitute a refinancing, substitution or novation of such Obligations or any each of the other rights, duties Loan Documents are and obligations of the parties hereunder, shall continue to be in each case except as otherwise provided for by the terms of this Agreement; andfull force and effect and are hereby in all respects ratified and confirmed. (vc) the The execution, delivery and effectiveness of this Agreement Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lenders, the Lead Arranger any Lender or the Administrative Agent under any of the Existing Credit AgreementLoan Documents, nor constitute a waiver of any covenant, agreement provision of any of the Loan Documents. Nothing herein contained shall be construed as a substitution or obligation novation of the Obligations outstanding under the Existing Credit AgreementAgreement or the Loan Documents, which shall remain in full force and effect, except as modified hereby. On and after the Amendment No. 6 Initial Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) The parties hereto acknowledge and agree that the amendment of 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the extent Amendment No. 6 Initial Effective Date. (e) The parties acknowledge that any such covenant, agreement or obligation is no longer set forth herein or is modified herebyLenders shall retain their rights under the Existing Credit Agreement that by their terms survive termination of the Existing Credit Agreement and the repayment in full of the Obligations.