Reference to and Effect on the Loan Documents. (a) If and when this Amendment becomes effective, 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 amended hereby. (b) The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Loan Documents or constitute, except as expressly set forth herein, a waiver or amendment of any provision of any of the Loan Documents. (d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 5 contracts
Samples: Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Investment Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.)
Reference to and Effect on the Loan Documents. (a) If On and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 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.
(b) The Credit Agreement, as amended herebyby this Amendment, and the Guarantee and Collateral this Amendment shall constitute a Loan Document.
(a) The Credit Agreement and each of the other Loan Documents 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Borrowers under and as defined the Loan Documents, in the Credit Agreement, each case as amended herebyby this Amendment.
(cb) 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 Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any other provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 4 contracts
Samples: Credit Agreement (GameStop Corp.), Credit Agreement (GameStop Corp.), Credit Agreement
Reference to and Effect on the Loan Documents. (a) If From and when after the date of this Amendment becomes effectiveAmendment, each reference in in:
(i) the Credit Original Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Original Agreement, and each reference in to the other Loan Documents to “Credit Agreement”, the “Credit Agreement”, “thereunder”, “thereof”, “therein” or words of like import referring to the Credit Agreement, Original Agreement in any other Loan Document shall mean and be a reference to the Credit Original Agreement as amended hereby.
(b) The Credit Agreement; and except as specifically set forth above, as amended hereby, and the Guarantee and Collateral Original Agreement and the other Loan Documents are and shall continue to be remains in full force and effect and are is hereby in all respects ratified and confirmed. Without limiting ; and
(ii) any Loan Document to the generality “Revolving Credit Note”, “thereunder”, “thereof”, “therein” or words of like import referring to the foregoing, Revolving Credit Note shall mean and be a reference to the Security Documents A&R Revolving Credit Note executed and all of the Collateral described therein do and shall continue delivered pursuant to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended herebythis letter amendment.
(cb) 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 the Lender under the Agreement or any Lender or Agent under any of the other Loan Documents or constituteDocument, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of the Agreement or any of the Loan Documents.
(d) This Amendment is a such other Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 3 contracts
Samples: Credit Agreement (Air T Inc), Credit Agreement (Pro Dex Inc), Credit Agreement (Air T Inc)
Reference to and Effect on the Loan Documents. (a) If and when this As of the Third Amendment becomes effectiveEffective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein,” or words of like import referring to the Credit Agreementimport, and each reference in the other Loan Documents to “the Credit Agreement”Agreement (including, without limitation, by means of words like “thereunder”, “thereof” or and words of like import referring to the Credit Agreementimport), shall mean and be a reference to the Restated Credit Agreement as amended herebyAgreement.
(b) The Credit Agreement, Except as expressly amended hereby, all of the terms and provisions of the Guarantee Credit Agreement (including the schedules and Collateral Agreement exhibits thereto) and the all other Loan Documents are and 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 Security 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 and as defined the Loan Documents, in the Credit Agreementeach case, as amended herebyby this Amendment.
(c) 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 the Administrative Agent or any Lender under the Credit Agreement or Agent under any of the Loan Documents Document, or constitute, except as expressly set forth herein, constitute a waiver or amendment of any other provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect or any Loan Document (as amended hereby) except as and to this Amendmentthe extent expressly set forth herein.
Appears in 2 contracts
Samples: Credit Agreement (ClubCorp Holdings, Inc.), Credit Agreement (ClubCorp Club Operations, Inc.)
Reference to and Effect on the Loan Documents. (a) If On and when this Amendment becomes effectiveafter 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 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 Agreement, as amended herebyby this Amendment.
(b) The Credit Agreement, as specifically amended herebyby this Amendment, and the Guarantee and Collateral Agreement and the other Loan Documents are are, and shall continue to be be, in full force and effect effect, and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) The Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under the Credit Agreement or any of the other Loan Documents or constituteDocument, except as expressly set forth herein, nor shall it constitute a waiver or amendment of any provision of the Credit Agreement or any of the Loan DocumentsDocument.
(d) This Amendment is a Loan Document. The Document for the purposes of the provisions of Sections 11.12 the other Loan Documents. Without limiting the foregoing, any breach of representations and 11.16 warranties under this Amendment may be a Default or Event of the Credit Agreement shall apply with like effect to this AmendmentDefault under other Loan Documents as provided therein.
Appears in 2 contracts
Samples: Credit Agreement (Williams Partners L.P.), Credit Agreement
Reference to and Effect on the Loan Documents. (a) If Upon and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 and amended hereby.
(b) The Except as specifically amended above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the all other Loan Documents are Documents, remain unchanged, each is and shall continue to be in full force and effect effect, and are each is hereby in all respects ratified and confirmed. Without limiting confirmed and constitutes the generality legal, valid, binding and enforceable obligations of the foregoingBorrower to Lender without defense, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreementoffset, as amended herebyclaim or contribution.
(c) The Except as provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Loan Documents or constitute, except as expressly set forth herein, constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a To the extent that any terms and conditions in any of the Loan Document. The provisions of Sections 11.12 and 11.16 Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement shall apply with like after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.
Appears in 2 contracts
Samples: Credit and Security Agreement (Gardenburger Inc), Credit and Security Agreement (Gardenburger Inc)
Reference to and Effect on the Loan Documents. (a) If On and when this Amendment becomes effectiveafter the Incremental Revolving Facility Closing Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, 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.
(b) The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) The execution, delivery and effectiveness of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Loan Documents or constitute, except as expressly set forth herein, constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is The Borrower and the other parties hereto acknowledge and agree that, on and after the Incremental Revolving Facility Closing Date, this Agreement and each of the other Loan Documents to be executed and delivered by a Loan Document. Party shall constitute a Loan Document for all purposes of the Credit Agreement (as amended hereby).
(e) The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this AmendmentAgreement.
Appears in 2 contracts
Samples: Incremental Revolving Facility Agreement, Incremental Revolving Facility Agreement (KAR Auction Services, Inc.)
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of Section 1 hereof, on and when this Amendment becomes effectiveafter the date hereof, each reference in the Credit Agreement to “this Agreement”,” “hereunder,” “hereof’, “hereunder”, “hereofherein” or words of like import referring to the Credit Agreementimport, 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.
(b) The Except as specifically amended above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the Note(s), and all other instruments securing or guaranteeing Borrowers’ obligations to Lender (collectively, the “Loan Documents are and 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 Security Loan Documents and all of the Collateral collateral described therein do and shall continue to secure the payment of all Obligations obligations of Borrowers under and as defined in the Credit AgreementAgreement and the Note(s), as amended hereby, and under the other Loan Documents.
(c) 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 Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 2 contracts
Samples: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.)
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of this Amendment, on and when this Amendment becomes effectiveafter the date hereof, 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 in each case mean and be a reference to the Credit Agreement as amended hereby.
(b) The Except as specifically amended above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the all other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting No Loan Party has any knowledge of any challenge to the generality Administrative Agent's or any Lender's claims arising under the Loan Documents or the effectiveness of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended herebyLoan Documents.
(c) 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 the Administrative Agent or any Lender or Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is shall not constitute a Loan Document. The provisions of Sections 11.12 and 11.16 modification of the Credit Agreement shall apply or a course of dealing with like effect the Administrative Agent or any Lender at variance with the Credit Agreement such as to this Amendmentrequire further notice by the Administrative Agent or any Lender to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein.
Appears in 2 contracts
Samples: Credit Agreement (STEINER LEISURE LTD), Credit Agreement (STEINER LEISURE LTD)
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of Section 1 hereof, on and when this Amendment becomes effective, after the date hereof each reference in the Credit Loan Agreement to “"this Agreement”", “"hereunder”", “"hereof” ", "herein" or words of like import referring to the Credit Agreementimport, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit AgreementDocuments, shall mean and be a reference to the Credit Loan Agreement as amended hereby.
(b) The Credit AgreementExcept as specifically amended above, as amended hereby, and the Guarantee and Collateral Loan Agreement and the Notes and all other instruments securing or guaranteeing Borrower's obligations to Lender (the "Loan Documents are and 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 Security Loan Documents and all of the Collateral collateral described therein do and shall continue to secure the payment of all Obligations obligations of Borrower under the Loan Agreement and as defined in the Credit AgreementNotes, as amended hereby, and under the other Loan Documents.
(c) 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 Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If On and when this Amendment becomes effectiveafter the Refinancing Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, 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.
(b) The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) The execution, delivery and effectiveness of this Amendment Agreement shall not operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Loan Documents or constitute, except as expressly set forth herein, constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is The Borrower and the other parties hereto acknowledge and agree that, on and after the Refinancing Effective Date, this Agreement and each of the other Loan Documents to be executed and delivered by a Loan Document. Party shall constitute a Loan Document for all purposes of the Credit Agreement (as amended hereby).
(e) The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this AmendmentAgreement.
Appears in 1 contract
Samples: Incremental Commitment Agreement and Second Amendment (KAR Auction Services, Inc.)
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of this Amendment, on and when this Amendment becomes effective, after the date hereof 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 amended hereby.
(b) The Except as specifically amended above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the all other Loan Documents Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting Borrower has no knowledge of any challenge to Agent’s or any Lender’s claims arising under the generality Loan Documents or the effectiveness of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended herebyLoan Documents.
(c) 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 Agent or any Lender or Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) . This Amendment is shall not constitute a Loan Document. The provisions of Sections 11.12 and 11.16 modification of the Credit Agreement shall apply or a course of dealing with like effect Agent or any Lender at variance with the Credit Agreement such as to this Amendmentrequire further notice by Agent or any Lender to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If Upon and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 amended hereby.
(b) The Credit Agreement, as specifically amended herebyby this Amendment, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined therein, in the Credit Agreement, each case as amended modified hereby.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Agent or any Lender or Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan DocumentsDocuments (except as expressly amended hereby).
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 9.14 and 11.16 9.18 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If and when this Amendment becomes effectiveAs of the Effective Date, 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, 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 or such other Loan Document as amended herebyby this Amendment and after giving effect to the waivers and consents set forth in Section 1 (Consents and Waivers).
(b) The Credit Agreement, as Except with respect to the waivers and consents set forth in Section 1 (Consents and Waivers) and to the extent amended hereby, and the Guarantee and Collateral Credit Agreement and all of the other Loan Documents are and 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) The Except with respect to the consents and waivers set forth in Section 1 (Consents and Waivers) and to the extent amended or otherwise modified hereby, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any Default or Event of Default or any right, power power, privilege or remedy of any Agent, any Lender or Agent any L/C Issuer under the Credit Agreement or any of the Loan Documents Document, or constitute, except as expressly set forth herein, constitute a waiver or amendment of any provision of the Credit Agreement or any of the Loan DocumentsDocument.
(d) This Amendment is a The Borrower hereby confirms that the security interests and Liens granted pursuant to the Loan Document. The provisions of Sections 11.12 Documents continue to secure the Obligations and 11.16 of the Credit Agreement shall apply with like effect to this Amendmentthat such security interests and Liens remain in full force and effect.
Appears in 1 contract
Samples: Credit Agreement (Jarden Corp)
Reference to and Effect on the Loan Documents. (a) If Upon and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 amended hereby. Upon and after the Blue Coat Amendment Effective Date, each reference in the other Loan Documents to “the Credit Agreement”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended and Restated Credit Agreement. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(b) The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the all other Loan 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 Security Documents confirmed and all of the Collateral described therein do are and shall continue to secure constitute the payment legal, valid, binding and enforceable obligations of all Obligations under the Borrower and as defined in the Credit Agreement, as amended herebyGuarantor.
(c) 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 the Administrative Agents or any Lender or Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Samples: Amendment Agreement (Symantec Corp)
Reference to and Effect on the Loan Documents. (a) If On and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 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 Agreement, as amended herebyby this Amendment.
(b) The Credit Agreement, as specifically amended herebyby this Amendment, and the Guarantee and Collateral Agreement and the other Loan Documents are 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 Security 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 and as defined the Loan Documents, in the Credit Agreement, each case as amended herebyby this Amendment.
(c) 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 any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is constitutes a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Western Refining, Inc.)
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of this Amendment, on and when this Amendment becomes effectiveafter the date hereof, each reference in to the Credit Agreement 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 amended hereby.
(b) The Except as specifically amended above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the all other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting No Loan Party has any knowledge of any challenge to the generality Administrative Agent’s or any Lender’s claims arising under the Loan Documents or the effectiveness of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended herebyLoan Documents.
(c) 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 the Administrative Agent or any Lender or Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is shall not constitute a Loan Document. The provisions of Sections 11.12 and 11.16 modification of the Credit Agreement shall apply or a course of dealing with like effect the Administrative Agent or any Lender at variance with the Credit Agreement such as to this Amendmentrequire further notice by the Administrative Agent or any Lender to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Inland Real Estate Income Trust, Inc.)
Reference to and Effect on the Loan Documents. (a) A. If and when this Amendment becomes effective, 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 amended hereby.
(b) B. The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) C. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Loan Documents or constitute, except as expressly set forth herein, a waiver or amendment of any provision of any of the Loan Documents.
(d) D. This Amendment is a Loan Document. The provisions of Sections 11.12 10.09 and 11.16 10.10 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of this Amendment, on and when this Amendment becomes effectiveafter the date hereof, each reference in to 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 amended hereby.
(b) The Except as specifically amended above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the all other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting No Loan Party has any knowledge of any challenge to the generality Administrative Agent's or any Lender's claims arising under the Loan Documents or the effectiveness of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended herebyLoan Documents.
(c) 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 the Administrative Agent or any Lender or Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is shall not constitute a Loan Document. The provisions of Sections 11.12 and 11.16 modification of the Credit Agreement shall apply or a course of dealing with like effect the Administrative Agent or any Lender at variance with the Credit Agreement such as to this Amendmentrequire further notice by the Administrative Agent or any Lender to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of this Amendment, on and when this Amendment becomes effective, after the date hereof 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 amended hereby.
(b) The Except as specifically amended, modified or provided above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the all other Loan Documents Documents, are and shall continue to be in full force and effect in accordance with their respective terms and are hereby in all respects ratified and confirmed. Without limiting confirmed by each Borrower (other than the generality Released Borrowers), and each Borrower (other than the Released Borrowers) shall remain fully liable for the payment and performance of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended herebySecured Obligations.
(c) 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 any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 Document in all respects and 11.16 of the Credit Agreement shall apply with like effect to this Amendmentfor all purposes.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If On and when this Amendment becomes effectiveafter the Effective Date, each reference in the Existing 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 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 Credit Agreement Agreement, as amended hereby.
(b) by this Amendment Agreement, and this Amendment Agreement shall constitute a “Loan Document” for all purposes under the Credit Agreement. Each of the parties hereto confirms that the amendments to the Existing Credit Agreement pursuant to this Amendment Agreement shall not constitute a novation of the Existing Credit Agreement. The Credit Agreement, as amended hereby, the Notes and the Guarantee and Collateral Agreement and each of the other Loan Documents Documents, as specifically amended by this Amendment Agreement, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedeffect. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) 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 any Lender or the Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Samples: Amendment Agreement (Aircastle LTD)
Reference to and Effect on the Loan Documents. (a) If Upon and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 amended hereby.
(b) The Credit Agreement, as specifically amended herebyby this Amendment, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations (including the Additional Tranche B Term Loans) under and as defined therein, in the Credit Agreement, each case as amended modified hereby.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or Agent Secured Party under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan DocumentsDocuments (except as expressly amended hereby).
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 10.12 and 11.16 10.20 of the Credit Agreement shall apply with like effect to this Amendment.
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Reference to and Effect on the Loan Documents. (a) If and when this As of the Eleventh Amendment becomes effectiveEffective Date, 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, 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 or such other Loan Document as amended herebyby this Eleventh Amendment.
(b) The Credit Agreement, as Except to the extent amended hereby, and the Guarantee and Collateral Credit Agreement and all of the other Loan Documents are and 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) The execution, delivery and effectiveness of this Eleventh Amendment shall not operate as a waiver of any Default or Event of Default or any right, power power, privilege or remedy of any Agent, any Lender or Agent any L/C Issuer under the Credit Agreement or any of the Loan Documents Document, or constitute, except as expressly set forth herein, constitute a waiver or amendment of any provision of the Credit Agreement or any of the Loan DocumentsDocument, except as to any waiver expressly set forth in this Eleventh Amendment.
(d) This Amendment is a The Borrower hereby confirms that the security interests and Liens granted by the Borrower pursuant to the Loan Document. The provisions of Sections 11.12 Documents continue to secure the Obligations and 11.16 of the Credit Agreement shall apply with like effect to this Amendmentthat such security interests and Liens remain in full force and effect.
Appears in 1 contract
Samples: Credit Agreement (Jarden Corp)
Reference to and Effect on the Loan Documents. (a) If and when all or any portion of this Amendment becomes effective, 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 amended hereby.
(b) The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations (including the Tranche B Term Loans) under and as defined in the Credit Agreement, as amended hereby.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Loan Documents or constitute, except as expressly set forth herein, a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Protection One Alarm Monitoring Inc)
Reference to and Effect on the Loan Documents. (a) If On and when this after the Amendment becomes effectiveEffective 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 any other Loan Documents Document 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 Amended Credit Agreement as amended herebyAgreement.
(b) The Existing Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan Documents 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) 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 Bank, the Agent or Agent the Company under the Existing Credit Agreement or any of the other Loan Documents or constituteDocument, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of the Existing Credit Agreement or any of the other Loan DocumentsDocument.
(d) This Amendment is shall be deemed a “Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment”.
Appears in 1 contract
Samples: Credit Agreement (3m Co)
Reference to and Effect on the Loan Documents. (a) If and when this Amendment becomes effectiveeffective as set forth in Section 2, 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 amended hereby.
(b) The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Loan Documents or constitute, except as expressly set forth herein, a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If The execution and when delivery of this Amendment becomes effectiveand the effectiveness shall not act as a novation of the Credit Agreement and, shall not serve to discharge or release any Obligation or Lien under the Loan Documents or to forgive the payment of any amount owing thereunder. This Amendment shall be a Loan Document for all purposes of the Credit Agreement. On and after the Amendment No. 1 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 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 Agreement, as amended hereby.
(b) by this Amendment. The Credit Agreement, as amended hereby, the Notes and the Guarantee and Collateral Agreement and each of the other Loan Documents 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 confirmedeffect. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) 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 any Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This . Each Loan Party hereby consents to the transactions under this Amendment and agrees that is a obligations under the Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement Documents shall apply with like effect to this Amendmentthe extensins of credit pursuant to the Revolving Commitments (as defined in Exhibit A) and the Term A-1 Loans.
Appears in 1 contract
Samples: Credit Agreement (Charter Communications, Inc. /Mo/)
Reference to and Effect on the Loan Documents. (a) If On and when this Amendment becomes effectiveafter 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 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 Agreement, as amended herebyby this Amendment.
(b) The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan Documents Notes, 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under and as defined the Loan Documents, in the Credit Agreement, each case as amended herebyby this Amendment.
(c) 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 any of the Loan Documents or constituteCredit Agreement, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this AmendmentAgreement.
Appears in 1 contract
Samples: Credit Agreement (Perkinelmer Inc)
Reference to and Effect on the Loan Documents. (a) If Upon and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 amended hereby.
(b) The Credit Agreement, as specifically amended herebyby this Amendment, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations (including the Acquisition Tranche B Term Loans) under and as defined therein, in the Credit Agreement, each case as amended modified hereby.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or Agent Secured Party under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan DocumentsDocuments (except as expressly amended hereby).
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 10.12 and 11.16 10.20 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of Section 1 hereof, on and when this Amendment becomes effective, after the date hereof each reference in the Credit Loan Agreement to “"this Agreement”", “"hereunder”", “"hereof” ", "herein" or words of like import referring to the Credit Agreementimport, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit AgreementDocuments, shall mean and be a reference to the Credit Loan Agreement as amended hereby.
(b) The Credit AgreementExcept as specifically amended above, as amended hereby, and the Guarantee and Collateral Loan Agreement and the Note and all other instruments securing or guaranteeing Borrower's obligations to Lender (the "Loan Documents are and 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 Security Loan Documents and all of the Collateral collateral described therein do and shall continue to secure the payment of all Obligations obligations of Borrower under the Loan Agreement and as defined in the Credit AgreementNote, as amended hereby, and under the other Loan Documents.
(c) 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 Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) If and when this Amendment becomes effective, 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 amended hereby.
(b) The Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or Agent under any of the Loan Documents or constitute, except as expressly set forth herein, a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 10.13 and 11.16 10.21 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Worldspan L P)
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of Section 1 hereof, on and when this Amendment becomes effective, after the date hereof each reference in the Credit Loan Agreement to “"this Agreement”", “"hereunder”", “"hereof” ", "herein" or words of like import referring to the Credit Agreementimport, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit AgreementDocuments, shall mean and be a reference to the Credit Loan Agreement as amended hereby.
(b) The Credit AgreementExcept as specifically amended above, as amended hereby, and the Guarantee and Collateral Loan Agreement and the Notes and all other Loan Documents are and instruments securing or guaranteeing Borrower's obligations to Bank (the "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 Security Loan Documents and all of the Collateral collateral described therein do and shall continue to secure the payment of all Obligations obligations of Borrower under the Loan Agreement and as defined in the Credit AgreementNotes, as amended hereby, and under the other Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment and Modification Agreement shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or Agent Bank under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Samples: Letter Loan Agreement and Master Lease Modification Agreement (Mobley Environmental Services Inc)
Reference to and Effect on the Loan Documents. (a) If Upon and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 amended hereby.
(b) The Except as specifically amended above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the other Loan 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined therein, in the Credit Agreement, each case as amended modified hereby.
(c) 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 Lender, the Arranger or any Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Osullivan Industries Holdings Inc)
Reference to and Effect on the Loan Documents. (a) If Upon the effectiveness of this Amendment, on and when this Amendment becomes effective, after the date hereof 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 amended hereby.
(b) The Except as specifically amended above, the Credit Agreement, as amended hereby, and the Guarantee and Collateral Agreement and the all other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting No Borrower has any knowledge of any challenge to Lender’s claims arising under the generality Loan Documents or the effectiveness of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended herebyLoan Documents.
(c) 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 Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) . This Amendment is shall not constitute a Loan Document. The provisions of Sections 11.12 and 11.16 modification of the Credit Agreement shall apply or a course of dealing with like effect Lender at variance with the Credit Agreement such as to this Amendmentrequire further notice by Lender to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, except as expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Cryolife Inc)
Reference to and Effect on the Loan Documents. (a) If On and when after the effectiveness of this Amendment becomes effectiveAmendment, 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 transaction documents to the “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 herebymodified by this Amendment.
(b) The Credit Agreement, as amended hereby, the Notes and the Guarantee and Collateral Agreement and each of the other Loan Documents 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 Security 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 and as defined the Loan Documents, in the Credit Agreement, each case as amended herebyby this Amendment.
(c) 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 any Agent under any of the Loan Documents or constituteDocuments, except as expressly set forth herein, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
(d) This Amendment is a Loan Document. The provisions of Sections 11.12 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Pierre Foods Inc)
Reference to and Effect on the Loan Documents. (a) If On and when this after the Amendment becomes effectiveEffective Date (and with respect to amendments related to the Incremental Term Loan Advances, on and after the 2019 Incremental Effective Date), each reference in the Amended 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”, “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 Agreement, as amended herebyand modified by this Agreement.
(b) The Existing Credit Agreement, as amended hereby, the Notes and the Guarantee and Collateral Agreement and each of the other Loan Documents Documents, as specifically amended and modified by this Agreement, 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby.
(c) The Save as expressly provided herein, the execution, delivery and effectiveness of this Amendment Agreement (i) shall not operate as a waiver of any right, power power, privilege or remedy of any Lender, any Issuing Bank, any Swingline Lender or the Administrative Agent under any of the Loan Documents and (ii) shall not alter, modify, amend or constitutein any way affect any of the terms, except as expressly set forth hereinconditions, a waiver obligations, covenants or amendment of any provision of other agreements contained in the any of the Loan DocumentsDocument, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
(d) This The Administrative Agent agrees to promptly post this Agreement for the Lenders on the Platform. NYDOCS02/1196248 Agilent – Amendment is a Loan DocumentNo. The provisions of Sections 11.12 1 and 11.16 of the Credit Agreement shall apply with like effect to this Amendment.Incremental Assumption Agreement
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