Reference to and Effect on the Financing Documents. (a) On and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” 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 modified hereby.
(b) The Credit Agreement and each of the other Loan Documents, as specifically modified by this Amendment Agreement, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Credit Agreement or the other Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or the other Loan Documents.
Reference to and Effect on the Financing Documents. (a) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Financing Documents to “the Agreement”, “thereunder”, “thereof”, or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as modified hereby.
(b) The Credit Agreement, the Notes and each of the other Financing Documents, as specifically modified by this Waiver, 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 Financing Documents, in each case as modified by this Waiver.
(c) The execution, delivery and effectiveness of this Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Credit Agreement or the other Financing Documents, nor constitute a waiver of any provision of the Credit Agreement or the other Financing Documents.
Reference to and Effect on the Financing Documents. (a) On and after the Amendment and Restatement Effective Date, each reference in the Amended and Restated Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Amended and Restated Credit Agreement, and each reference in the Notes and each of the other Financing Documents to “the Agreement”, “thereunder”, “thereof”, or words of like import referring to the Amended and Restated Credit Agreement shall mean and be a reference to the Amended and Restated Credit Agreement, as amended and restated hereby. On and after the Amendment and Restatement Effective Date, this Amendment shall constitute a “Financing Document” for all purposes of the Amended and Restated Credit Agreement and the other Financing Documents.
(b) The Amended and Restated Credit Agreement, the Notes and each of the other Financing Documents, as specifically modified 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 Financing Documents, in each case as modified by this Amendment. Each of the Borrower and the Grantor (i) acknowledges and agrees that (A) each Financing Document to which it is a party is hereby confirmed and ratified and shall remain in full force and effect according to its respective terms, as amended pursuant to this Amendment and (B) the Collateral Documents do, and all of the Collateral does, and in each case shall continue to, secure the payment of all Secured Obligations on the terms and conditions set forth in the Collateral Documents, and (ii) hereby ratifies the security interests granted by it pursuant to the Collateral Documents and each of the Borrower and the Grantor hereby confirms and ratifies its continuing unconditional obligations under the Financing Documents with respect to all of the Secured Obligations.
(c) Each Bank party hereto hereby waives the right to request compensation for any funding losses pursuant to Section 2.12 of the Existing Bank Credit Agreement as a result of any prepayment, conversion or continuation of Euro-Dollar Loans on the Amendment and Restatement Effective Date.
(d) Except as set forth above, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, oper...
Reference to and Effect on the Financing Documents. (a) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Financing Documents to “the Agreement”, “thereunder”,
Reference to and Effect on the Financing Documents. On and after the Amendment Effective Date, each reference in the Purchase Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Purchase Agreement, and each reference in the Financing Documents to “the Purchase Agreement”, “thereunder”, “thereof” or words of like import referring to the Purchase Agreement, shall mean and be a reference to the Purchase Agreement as amended by this Amendment. The execution, delivery and effectiveness of this Amendment and the amendment of the Purchase Agreement as provided herein shall not, except as expressly provided herein, operate as a waiver, termination, rescission, repudiation, relinquishment, amendment, modification or supplement of any right, power, privilege, remedy or obligation of any party arising, created or existing under or by virtue of the Purchase Agreement or of any provision of the Purchase Agreement. The parties hereto agree that except as expressly amended herein, all of the provisions of the Purchase Agreement and the other Financing Documents are and shall remain in full force and effect in accordance with the terms thereof and are hereby in all respects ratified and confirmed.
Reference to and Effect on the Financing Documents. (a) Upon the effectiveness of this Agreement, on and after the date thereof, each reference in the Existing Note Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Existing Note Agreement and each reference in the other Financing Documents to "the Existing Note Agreement", "the Series Note Agreement", "the Note Purchase Agreements", "thereunder", "thereof" or words of like import referring to the Existing Note Agreement, shall mean and be a reference to the Existing Note Agreement as amended hereby.
Reference to and Effect on the Financing Documents. (a) On and after the date hereof each reference in the Loan Agreement to "this Agreement", "hereunder", "hereof", "herein", "hereby" or words of like import, and each reference in the other Financing Documents to "the Loan Agreement", "thereunder", "thereof" or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as amended hereby.
Reference to and Effect on the Financing Documents. Upon the effectiveness of Section 1 hereof, on and after the date hereof each reference in the Revolving Credit Agreement to "this Agreement", "hereunder", "hereof", "herein" or words of like import, and each reference in the other Financing Documents to the Revolving Credit Agreement, shall mean and be a reference to the Revolving Credit Agreement as amended hereby. Except as specifically amended above, the Revolving Credit Agreement and all other Financing Documents shall remain in full force and effect and are hereby ratified and confirmed. The execution, delivery and effectiveness of this Third Amendment shall not operate as a waiver of any right, power or remedy of the Bank under any of the Financing Documents, nor constitute a waiver of any provision of the Financing Documents.
Reference to and Effect on the Financing Documents. On and after the First Amendment Effective Date, each reference in the Deposit Account Agreement to "this Agreement", "hereunder", or words of like import referring to the Deposit Account Agreement, shall mean and be a reference to the Deposit Account Agreement as amended by this First Amendment.
Reference to and Effect on the Financing Documents. On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in each of the other Financing 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 and restated by this Amendment and this Amendment shall constitute a “Financing Document” for all purposes. The Credit Agreement, as specifically amended and restated by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. 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 Facility Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement or any other Financing Document. Upon execution of this Amendment by the Facility Agent, the Borrower and the Majority Lenders, the Credit Agreement shall be deemed to be amended and restated in the form set forth in Exhibit A and such amended and restated Credit Agreement shall be binding upon and inure to the benefit of all of the Lenders party to the Credit Agreement immediately prior to the execution of this Amendment by such parties.
