Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Term Loan Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Agreement, and each reference in the other Loan Documents to “the Term Loan Agreement”, “thereof” or words of like import referring to the Term Loan Agreement, shall mean and be a reference to the Term Loan Agreement as modified and amended hereby. (b) Except as specifically set forth in this Amendment, the Term Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contribution. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 12 contracts
Samples: Second Lien Term Loan Agreement (Connecture Inc), Credit Agreement (Connecture Inc), Second Lien Term Loan Agreement (Connecture Inc)
Reference to and Effect on the Loan Documents. (a) Upon the effectiveness of Section 1 hereof, on and after the effectiveness of this Amendmentdate hereof, each reference in the Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Term Loan Agreementimport, and each reference in the other Loan Documents to “the Term Loan Agreement”, “thereof” or words of like import referring to the Term Loan Agreement, shall mean and be a reference to the Term Loan Agreement as modified and amended hereby.
(b) Except as specifically set forth in this Amendmentamended above, the Term Loan Agreement and the Note(s), and all other instruments securing or guaranteeing Borrower’s obligations to Lender (collectively, the “Loan Documents, are and ”) shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Loan Documents and all collateral described therein do and shall constitute continue to secure the legal, valid, binding and enforceable payment of all obligations of each Borrower to Agent under the Loan Agreement and Lenders without defensethe Note(s), offsetas amended hereby, claim or contributionand under the other Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 10 contracts
Samples: Loan Agreement, Loan Agreement, Loan Agreement (American Electric Technologies Inc)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Term Loan Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” " or words of like import referring to the Term Loan Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “"the Term Loan Credit Agreement”", “"thereunder", "thereof” " or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Agreement Credit Agreement, as modified and amended hereby.
(b) Except as specifically set forth in by this Amendment. The Credit Agreement, the Term Loan Agreement Notes and all each of the other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations of the Loan Parties under the Loan Documents, valid, binding and enforceable obligations of in each Borrower to Agent and Lenders without defense, offset, claim or contribution.
(c) case as amended by this Amendment. 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 Agent or any Lender or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 6 contracts
Samples: Credit Agreement (Alpharma Inc), Credit Agreement (Alpharma Inc), Credit Agreement (Alpharma Inc)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Term Loan Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Agreement Credit Agreement, as modified and amended herebyby this Amendment.
(b) Except The Credit Agreement, as specifically set forth in amended by this Amendment, and the Term Loan Agreement and 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 confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations of the Loan Parties under the Loan Documents, valid, binding and enforceable obligations of in each Borrower to Agent and Lenders without defense, offset, claim or contributioncase as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Agent or any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 5 contracts
Samples: Credit Agreement (Broadwing Inc), Credit Agreement (Broadwing Inc), Credit Agreement (Broadwing Inc)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Term Loan and Security Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Term Loan and Security Agreement, and each reference in the Note, the Guarantee and the other Loan Facility Documents to “the Term Loan and Security Agreement”, ,” “thereunder,” “thereof” or words of like import referring to the Term Loan and Security Agreement, shall mean and be a reference to the Term Loan Agreement and Security Agreement, as modified amended by this Amendment and amended herebyall prior amendments referenced in this Amendment.
(b) Except The Loan and Security Agreement, the Guarantee, the Note and the other Facility Documents, as specifically set forth in amended by this Amendment, the Term Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionconfirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Agent or any the Lender under any of the Loan Facility Documents, nor constitute a waiver of any provision of any of the Loan Facility Documents.
Appears in 5 contracts
Samples: Loan and Security Agreement (Residential Capital, LLC), Loan and Security Agreement (Residential Capital, LLC), Loan and Security Agreement (Residential Capital, LLC)
Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, (i) each reference in the Term Loan Agreement to “this Loan Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring shall mean and be a reference to the Term Loan AgreementAgreement as amended or otherwise modified hereby, and (ii) each reference to the Loan Agreement in the any other Loan Documents to “the Term Loan Agreement”Document or any other document, “thereof” instrument or words of like import referring to the Term Loan Agreementagreement executed and/or delivered in connection therewith, shall mean and be a reference to the Term Loan Agreement as amended or otherwise modified and amended hereby.
(b) Except as specifically set forth in this Amendmentamended, terminated or otherwise modified above, the Term terms and conditions of the Loan Agreement and Agreement, of all other Loan DocumentsDocuments and any other documents, are instruments and agreements executed and/or delivered in connection therewith, shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionconfirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of the Agent or any Lender under any of the Loan DocumentsAgreement or any other Loan Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision of any of the Loan Documentscontained therein, in each case except as specifically set forth herein.
Appears in 4 contracts
Samples: Loan Agreement (Horizon Technology Finance Corp), Loan Agreement (Horizon Technology Finance Corp), Loan Agreement (Horizon Technology Finance Corp)
Reference to and Effect on the Loan Documents. (a) a. Upon and after the effectiveness of this Amendment, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “hereunder”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby.
(b) b. Except as specifically set forth in this Amendment, the Term Loan Credit Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified ratified, and confirmed and shall constitute the legal, valid, binding binding, and enforceable obligations of each Borrower the Borrowers and the other Loan Parties to Administrative Agent and the Lenders without defense, offset, claim claim, or contribution.
(c) c. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power power, or remedy of Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Hydrofarm Holdings Group, Inc.), Credit Agreement (Hydrofarm Holdings Group, Inc.), Credit Agreement (Hydrofarm Holdings Group, Inc.)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this AmendmentEffective Date (as defined below), each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Term Loan “Credit Agreement”, shall mean and be a reference to the Term Credit Agreement, as amended by this Amendment. For the avoidance of doubt, this Amendment shall also constitute a Loan Agreement Document under the Credit Agreement, as modified and amended herebyby the Amendment.
(b) Except The Credit Agreement, as specifically set forth in amended by this Amendment, and the Term Loan Agreement and all other Loan DocumentsDocuments are, are and shall continue to be be, in full force and effect effect, and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionconfirmed.
(c) The Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under the Credit Agreement or any Lender under any of the other Loan DocumentsDocument, nor shall it constitute a waiver of any provision of the Credit Agreement or any of the Loan DocumentsDocument.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Sensata Technologies Holding N.V.), Credit Agreement (Sensata Technologies Holding N.V.)
Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, on and after the date hereof, each reference in the Term Loan Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” ", "herein", or words of like import referring to the Term Loan Agreementimport, and each reference in the other Loan Documents to “the Term Loan Agreement”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby.;
(b) Except as specifically set forth in this Amendmentamended or waived above, the Term Loan Credit Agreement and the Notes, and 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 confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all Collateral described therein shall constitute continue to secure the legal, valid, binding and enforceable payment of the obligations of each Borrower to Agent the Borrowers thereunder, under the Credit Agreement, as amended hereby, and Lenders without defense, offset, claim or contribution.under the Notes and other Loan Documents; and
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Agent or any Lender or the Agent under any of the Loan Documents, nor nor, except as provided herein, constitute a waiver of any provision of any of the Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Ground Round Restaurants Inc), Credit Agreement (Ground Round Restaurants Inc), Credit Agreement (Ground Round Restaurants Inc)
Reference to and Effect on the Loan Documents. (a) a. Upon and after the effectiveness of this AmendmentFourth Amendment Effective Date, each reference in the Term Loan Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby.
(b) b. Except as specifically set forth amended in Section 1 of this Amendment, the Term Loan Existing Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified ratified, and confirmed and shall constitute the legal, valid, binding binding, and enforceable obligations of each Borrower Borrowers to Administrative Agent and the Lenders without defense, offset, claim claim, or contribution.
(c) c. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power power, or remedy of Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Core-Mark Holding Company, Inc.), Credit Agreement (Core-Mark Holding Company, Inc.)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this AmendmentAmendment No. 5 Effective Date, each reference in the Term Loan Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Term Loan Credit Agreement”, ,” “thereunder,” “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Agreement Credit Agreement, as modified and amended hereby.
(b) Except as specifically set forth in by this Amendment, the Term . This Amendment constitutes a Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contribution.
(c) Document. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of (or otherwise affect) any right, power or remedy of Agent any Lender or any Lender Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. Each of the Loan Parties hereby consents to the Amendment and reaffirms its obligations under the Loan Documents to which it is party and its prior grant and the validity of the Liens granted by it pursuant to the Collateral Documents, with all such Liens continuing in full force and effect after giving effect to this Amendment. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document.
Appears in 2 contracts
Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (Entercom Communications Corp)
Reference to and Effect on the Loan Documents. (a) Upon If and after the effectiveness of when this AmendmentAmendment becomes effective, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby.
(b) Except The Credit Agreement, as specifically set forth in this Amendmentamended hereby, and the Term Loan Agreement and 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 confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations under and as defined in the Credit Agreement, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionas amended hereby.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of Agent or any Lender or Agent under any of the Loan DocumentsDocuments or constitute, nor 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 2 contracts
Samples: Credit Agreement (KAR Auction Services, Inc.), Credit Agreement (KAR Auction Services, Inc.)
Reference to and Effect on the Loan Documents. (a) Upon the effectiveness of Section 1 hereof, on and after the effectiveness of this Amendment, date hereof each reference in the Term Loan Agreement to “"this Agreement”", “"hereunder”", “"hereof” ", "herein" or words of like import referring to the Term Loan Agreementimport, and each reference in the other Loan Documents to “the Term Loan Agreement”, “thereof” or words of like import referring to the Term Loan AgreementDocuments, shall mean and be a reference to the Term Loan Agreement as modified and amended hereby.
(b) Except as specifically set forth in this Amendmentamended above, the Term Loan Agreement and the Note and all other instruments securing or guaranteeing Borrower's obligations to Lender (the "Loan Documents, are and ") shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Loan Documents and all collateral described therein do and shall constitute continue to secure the legal, valid, binding and enforceable payment of all obligations of each Borrower to Agent under the Loan Agreement and Lenders without defensethe Note, offsetas amended hereby, claim or contributionand under the other Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) Upon a. On and after the effectiveness of this AmendmentFifth Amendment Effective Date, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Term Loan “Credit Agreement”, shall mean and be a reference to the Term Credit Agreement, as amended by this Amendment. For the avoidance of doubt, this Amendment shall also constitute a Loan Agreement Document under the Credit Agreement, as modified and amended herebyby the Amendment.
(b) Except b. The Credit Agreement, as specifically set forth in amended by this Amendment, and the Term Loan Agreement and all other Loan DocumentsDocuments are, are and shall continue to be be, in full force and effect effect, and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionconfirmed.
(c) The c. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under the Credit Agreement or any Lender under any of the other Loan DocumentsDocument, nor shall it constitute a waiver of any provision of the Credit Agreement or any of the Loan DocumentsDocument.
Appears in 1 contract
Samples: Credit Agreement (Sensata Technologies Holding N.V.)
Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby.
(b) Except as specifically set forth amended in Sections 1 and 2 of this Amendment, the Term Loan Agreement Credit Agreement, the Waiver and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contribution.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Youbet Com Inc)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Term Loan Credit Agreement to “this Agreement”"hereunder", “hereunder”, “"hereof” " or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan "Credit Agreement”", “"thereunder", "thereof” " or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended herebyby this Amendment.
(b) Except as specifically set forth in this AmendmentThe Credit Agreement, the Term Loan Agreement Notes and all each of the other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations of the Loan Parties under the Loan Documents, valid, binding and enforceable obligations of in each Borrower to Agent and Lenders without defense, offset, claim or contributioncase as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Agent any Lender or any Lender Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Second Amendment, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby. This Second Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(b) Except as specifically set forth in this Amendment, the Term Loan The Credit Agreement and 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 and are and shall continue to constitute the legal, valid, binding and enforceable obligations of each the Borrower to Agent and Lenders without defense, offset, claim or contributionthe Guarantors.
(c) The execution, delivery and effectiveness of this Second Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Term Loan Agreement (Symantec Corp)
Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Term Loan Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Agreement, Existing Credit Agreement and each reference in the Notes and each of the other Loan Documents to “the Term Loan Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Term Loan Agreement, Existing Credit Agreement shall mean and be a reference to the Term Loan Agreement as modified and amended herebyAmended Credit Agreement.
(b) Except The Existing Credit Agreement and the Amended Credit Agreement, as specifically set forth in amended by this Amendment, the Term Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and confirmed. This Amendment shall constitute a “Loan Document” for all purposes of the legal, valid, binding Amended Credit Agreement and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionthe other Loan Documents.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent or the Collateral Agent under the Existing Credit Agreement, the Amended Credit Agreement or any Lender under any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of any of the Loan Documentsthereof.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this AmendmentAmendment No. 3 Effective Time, each reference in the Term Loan Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Term Loan Credit Agreement”, ,” “thereunder,” “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Agreement Credit Agreement, as modified and amended hereby.
(b) Except as specifically set forth in by this Amendment, the Term . This Amendment constitutes a Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contribution.
(c) Document. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of (or otherwise affect) any right, power or remedy of Agent any Lender or any Lender Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. Each of the Loan Parties hereby consents to the Amendment. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this AmendmentSeventh Amendment Effective Date, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Term Loan “Credit Agreement”, shall mean and be a reference to the Term Credit Agreement, as amended by this Amendment. For the avoidance of doubt, this Amendment shall also constitute a Loan Agreement Document under the Credit Agreement, as modified and amended herebyby the Amendment.
(b) Except The Credit Agreement, as specifically set forth in amended by this Amendment, and the Term Loan Agreement and all other Loan DocumentsDocuments are, are and shall continue to be be, in full force and effect effect, and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionconfirmed.
(c) The Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under the Credit Agreement or any Lender under any of the other Loan DocumentsDocument, nor shall it constitute a waiver of any provision of the Credit Agreement or any of the Loan DocumentsDocument.
Appears in 1 contract
Samples: Credit Agreement (Sensata Technologies Holding N.V.)
Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, on and after the Amendment Effective Date, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby.
(b) Except as specifically set forth in expressly amended, modified or supplemented by this Amendment, the Term Loan Credit Agreement and all of the other Loan Documents, are and shall continue to be in full force and effect effect, enforceable against the Borrower in accordance with their respective terms, and are hereby in all respects ratified and confirmed and shall constitute by the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionin all respects.
(c) The Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Lennox International Inc)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this AmendmentAmendment Effective Date, each reference in the Term Loan Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Term Loan Agreement, and each reference in the Notes and each of the other Loan Documents to “the Term Loan Agreement”, ,” “thereunder,” “thereof” or words of like import referring to the Term Loan Agreement, shall mean and be a reference to the Term Loan Agreement Agreement, as modified and amended hereby.
(b) Except as specifically set forth in by this Amendment. The Term Loan Agreement, the Term Loan Agreement Notes and all each of the other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contribution.
(c) effect. 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 Agent any Lender or any Lender Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. This Amendment shall constitute a Loan Document.
Appears in 1 contract
Samples: Term Loan Agreement (Flextronics International Ltd.)
Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this First Amendment, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby. This First Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(b) Except as specifically set forth in this Amendment, the Term Loan The Credit Agreement and 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 and are and shall continue to constitute the legal, valid, binding and enforceable obligations of each the Borrower to Agent and Lenders without defense, offset, claim or contributionthe Guarantors.
(c) The execution, delivery and effectiveness of this First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Term Loan Agreement (Symantec Corp)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this AmendmentAmendment No. 2 Effective Date, each reference in the Term Loan Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Agreement Credit Agreement, as modified and amended herebyby this Amendment.
(b) Except The Credit Agreement, as specifically set forth in amended by this Amendment, and the Term Loan Agreement and all other Loan DocumentsDocuments are, are and shall continue to be be, in full force and effect effect, and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Agent and Lenders without defense, offset, claim or contributionconfirmed.
(c) The Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under the Credit Agreement or any Lender under any of the other Loan DocumentsDocument, nor shall it constitute a waiver of any provision of the Credit Agreement or any Loan Document.
(d) This Amendment is a Loan Document for the purposes of the provisions of the other Loan Documents. Without limiting the foregoing, any breach of representations and warranties under this Amendment may be a Default or Event of Default under other Loan Documents as provided therein.
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Samples: Senior Unsecured Bridge Credit Agreement (Avnet Inc)
Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Term Credit Agreement and each of the other Loan Agreement Documents to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Term Loan Credit Agreement, and each reference in the other Loan Documents to “the Term Loan Credit Agreement,” “thereunder”, “thereof” or words of like import referring to the Term Loan Agreement, Credit Agreement shall mean and be a reference to the Term Loan Credit Agreement as modified and amended herebyby this Amendment.
(b) Except as specifically set forth in this Amendment, the Term Loan The Credit Agreement and all other Loan Documents, are is and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations of the Loan Parties under the Loan Documents, valid, binding and enforceable obligations of in each Borrower to Agent and Lenders without defense, offset, claim or contributioncase as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Bank or the Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) This Amendment is a “Loan Document” under and as defined in the Credit Agreement, as amended by this Amendment.
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Reference to and Effect on the Loan Documents. (ai) Upon and after the effectiveness of this Amendment, on and after the date hereof, each reference in the Term Loan Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” ", "herein", or words of like import referring to the Term Loan Agreementimport, and each reference in the other Loan Documents to “the Term Loan Agreement”, “thereof” or words of like import referring to the Term Loan Credit Agreement, shall mean and be a reference to the Term Loan Credit Agreement as modified and amended hereby.;
(bii) Except as specifically set forth in this Amendmentamended or waived above, the Term Loan Credit Agreement and the Notes, and 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 confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all Collateral described therein shall constitute continue to secure the legal, valid, binding and enforceable payment of the obligations of each Borrower to Agent the Borrowers thereunder, under the Credit Agreement, as amended hereby, and Lenders without defense, offset, claim or contribution.under the Notes and other Loan Documents; and
(ciii) 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 Agent or any Lender or the Agent under any of the Loan Documents, nor nor, except as provided herein, constitute a waiver of any provision of any of the Loan Documents.
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