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. On and after the Restatement 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 “Credit Agreement,” “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. Except as specifically amended by this Restatement Agreement, the Amended Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. The execution, delivery and performance of this Restatement Agreement shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Amended Credit Agreement or any of the other Loan Documents. This Restatement Agreement 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 (except for the payment of all Initial Revolving Credit Facilities and the termination of the Initial Revolving Commitments).

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. On and after the Restatement Amendment No. 3 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 “Credit Agreement,” “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 reflecting the amendments set forth in Section 1(A). On and after the Replacement-1 Revolving Commitment 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 “Credit Agreement,” “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 reflecting the amendments set forth in both Section 1(A) and Section 1(B). Except as specifically amended by this Restatement AgreementAmendment, the Amended Existing Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. The execution, delivery and performance of this Restatement Agreement Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Amended Credit Agreement or any of the other Loan Documents. This Restatement Agreement 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 (except for the payment of all Initial Revolving Credit Facilities and the termination of the Initial Revolving Commitments)Agreement.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the Restatement Effective Date, each reference in the Amended 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 other Loan Documents to the “Credit Agreement,” “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. Except as specifically amended by this Restatement Agreement, the . (b) The Amended Credit Agreement and each of the other Loan Documents are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. . (c) The execution, delivery and performance effectiveness of this Restatement Agreement Amendment shall not constitute a waiver of any provision ofnot, or except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or Agent or Lender under, the Amended Credit Agreement or under any of the other Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. This Restatement Agreement and the Amended Credit Agreement do not constitute Nothing herein contained shall be construed as a novation, satisfaction, payment, reborrowing substitution or termination novation of the Indebtedness and Obligations existing 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. (except for d) The parties hereto acknowledge and agree that the payment amendment of the Existing Credit Agreement pursuant to this Amendment and all Initial Revolving other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Existing Credit Facilities Agreement and the termination of other Loan Documents as in effect prior to the Initial Revolving Commitments)Effective Date.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. On and after the Restatement Amendment No. 2 Effective Date, each reference in the Amended 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 other Loan Documents to the “Credit Agreement,” “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. Except as specifically amended by this Restatement AgreementAmendment, the Amended Existing Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. The parties hereto acknowledge and agree that the 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 Existing Credit Agreement and the other Loan Documents as in effect prior to the date hereof. The execution, delivery and performance of this Restatement Agreement Amendment shall not 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 the Administrative Agent or any Lender under, the Amended Existing Credit Agreement or any of the other Loan Documents. This Restatement Agreement and On or after the Amended Credit Agreement do not Amendment No. 2 Effective Date, this Amendment shall constitute a novation, satisfaction, payment, reborrowing or termination of the Indebtedness and Obligations existing under the Existing Credit Agreement (except for the payment of all Initial Revolving Credit Facilities and the termination of the Initial Revolving Commitments)Loan Document.

Reference to and Effect on the Existing Credit Agreement and the other Loan Documents. (a) On and after the Restatement Amendment No. 5 Effective Date, each reference in the Amended 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 other Loan Documents to the “Credit Agreement,” “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. Except as specifically amended by this Restatement Agreement, Agreement for all purposes under the Amended Credit Agreement and the other Loan Documents. (b) The Amended Credit Agreement and each of the other Loan Documents are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. . (c) The execution, delivery and performance effectiveness of this Restatement Agreement Amendment shall not constitute a waiver of any provision ofnot, or except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or Agent or Lender under, the Amended Credit Agreement or under any of the other Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. This Restatement Agreement and the Amended Credit Agreement do not constitute Nothing herein contained shall be construed as a novation, satisfaction, payment, reborrowing substitution or termination novation of the Indebtedness and Obligations existing 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 Amendment No. 5 Effective Date, this Amendment shall for all purposes constitute a Loan Document. (except for d) The parties hereto acknowledge and agree that the payment amendment of the Existing Credit Agreement pursuant to this Amendment and all Initial Revolving other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Existing Credit Facilities Agreement and the termination of other Loan Documents as in effect prior to the Initial Revolving Commitments).Amendment No. 5