Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment. (b) The Credit Agreement, the Notes and 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. (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 or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 7 contracts
Samples: Credit Agreement (Gap Inc), Credit Agreement (Stanley Black & Decker, Inc.), Credit Agreement (Stanley Works)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, the Notes Notes, and 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.
(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 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 6 contracts
Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys), Credit Agreement (Sothebys)
Reference to and Effect on the Loan Documents. (a) On and after Upon the effectiveness of this Amendment, on and 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 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 by this Amendmenthereby.
(b) The Credit AgreementExcept as specifically amended or modified above, the Notes Credit Agreement and each of the all other Loan Documents, as specifically amended by this Amendment, 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 confirmedconfirmed by each Borrower.
(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 or the Administrative Agent 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 in all respects and for all purposes.
Appears in 4 contracts
Samples: Credit Agreement (USMD Holdings, Inc.), Credit Agreement (USMD Holdings, Inc.), Credit Agreement (USMD Holdings, Inc.)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment 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, as amended by this Amendment.
(b) , and this Amendment shall constitute a “Loan Document” for all purposes under the Credit Agreement. The Credit Agreement, the Notes and 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.
(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 any Lender or the any Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 3 contracts
Samples: Additional Credit Extension Amendment (Select Medical Corp), Additional Credit Extension Amendment (Select Medical Corp), Credit Agreement (Select Medical Corp)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) This Amendment is subject to the provisions of Section 9.01 of the Credit Agreement and constitutes a Loan Document.
Appears in 3 contracts
Samples: Credit Agreement (Honeywell International Inc), Credit Agreement (Honeywell International Inc), Credit Agreement (Honeywell International Inc)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this AmendmentAmendment and this Amendment shall constitute a Loan Document.
(ba) The Credit Agreement, the Notes Agreement and 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.
(cb) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any other provision of any of the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (John Bean Technologies CORP), Credit Agreement (Southwest Gas Corp)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment. This Amendment shall constitute a Loan Document.
(b) The Credit Agreement, the Notes 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.
(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 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 2 contracts
Samples: Successor Agent Agreement and Amendment No. 4 to the Credit Agreement (Encana Corp), Credit Agreement (Encana Corp)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, 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, Agreement shall mean and be a reference to the Credit Agreement, Agreement as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 or the Administrative Agent under the Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan DocumentsDocument.
Appears in 2 contracts
Samples: Term Facility Credit and Guaranty Agreement (Dana Holding Corp), Senior Secured Superpriority Debtor in Possession Credit Agreement (Dana Corp)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” " or words of like import referring to the Credit Agreement, 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, Agreement shall mean and be a reference to the Credit Agreement, Agreement as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 or the Administrative Agent under the Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan DocumentsDocument.
Appears in 2 contracts
Samples: Senior Secured Superpriority Credit Agreement (Dana Corp), Senior Secured Superpriority Credit Agreement (Dana Corp)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended modified by this AmendmentAmendment and this Amendment shall constitute a Loan Document.
(b) The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended modified by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall 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, nor constitute a waiver of any other provision of any of the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (John Bean Technologies CORP), Credit Agreement (John Bean Technologies CORP)
Reference to and Effect on the Loan Documents. (a) On and after Upon the effectiveness of this Amendment, on and 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 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 by this Amendmenthereby.
(b) The Credit Agreement, the Notes and 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.
(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 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 2 contracts
Samples: Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this AmendmentEffective 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, as amended by this Amendment.
(b) Amendment Agreement, and this Amendment Agreement shall constitute a “Loan Document” for all purposes under the Credit Agreement. The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this AmendmentAmendment Agreement, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) effect. The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of 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 2 contracts
Samples: Amendment Agreement (Aircastle LTD), Amendment Agreement (Aircastle LTD)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” ’ or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) This Amendment constitutes a Loan Document.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Stanley Black & Decker, Inc.), 364 Day Credit Agreement (Stanley Black & Decker, Inc.)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” " or words of like import referring to the Credit Agreement, and each reference in 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 by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) This Amendment shall constitute a Loan Document and, as such, can only be amended in accordance with the provisions of Section 9.01 of the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Advancepcs)
Reference to and Effect on the Loan Documents. (a) On Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, 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, Agreement shall mean and be a reference to the Credit Agreement, Agreement as amended by this Amendment.
(ba) The Credit Agreement, the Notes and 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.
(cb) 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 Lender, the Administrative Agent or the Collateral Agent under the Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of the Credit Agreement or any of the other Loan DocumentsDocument.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Dana Holding Corp)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this AmendmentEffective 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, as amended by this Amendment.
(b) Amendment 4-A. The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this AmendmentAmendment 4-A, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) effect. The execution, delivery and effectiveness of this Amendment 4-A shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the any 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) On From and after the effectiveness of this AmendmentAmendment Effective Date, each reference in the Credit Agreement to “hereunder,” “hereof,” “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 shall, unless the Credit Agreementcontext otherwise requires, shall mean and be a reference to the Credit Agreement, Agreement as amended by this Amendment. This Amendment is a Loan Document.
(b) The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendmentand the obligations of the Borrower and the Guarantors under the Loan Documents, are hereby ratified and confirmed and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmedaccording to their terms.
(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 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 1 contract
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.. NYDOCS02/868991.8
Appears in 1 contract
Samples: Five Year Credit Agreement (Cytec Industries Inc/De/)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this AmendmentAmendment 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”, there under,” “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.
(b) , and this Amendment shall constitute a “Loan Document” for all purposes under the Credit Agreement. The Credit Agreement, the Notes and 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.
(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 any Lender or the any 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) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) This Amendment constitutes a Loan Document.
Appears in 1 contract
Samples: Credit Agreement (Xylem Inc.)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this AmendmentEighth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the 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 Amended Credit Agreement. For the avoidance of doubt, as amended by this AmendmentAmendment shall also constitute a Loan Document under the Amended Credit Agreement.
(ba) The Amended Credit Agreement, the Notes Agreement and each of the other Loan DocumentsDocuments are, as specifically amended by this Amendment, are and shall continue to be be, in full force and effect effect, and are hereby in all respects ratified and confirmed.
(cb) 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 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) On and after the effectiveness of this AmendmentAmendment No. 3, 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 other transaction documents to 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 modified by this AmendmentAmendment No. 3.
(b) The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this AmendmentAmendment No. 3, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment No. 3 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the any 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) On and after Upon the effectiveness of this Fifth Amendment, on and 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 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 by this Amendmenthereby.
(b) The Except as specifically amended above, the Credit Agreement, the Notes Notes, and each of the all 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.
(c) The execution, delivery and effectiveness of this Fifth Amendment shall 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, 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) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(ba) The Credit Agreement, the Notes Agreement and 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.
(cb) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the 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) On and after the effectiveness of this AmendmentSecond Amendment Effective Date, each reference in the Credit Term Loan Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Credit Term Loan Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Term Loan Agreement”, ,” “thereunder”, ,” “thereof” or words of like import referring to the Credit Term Loan Agreement, shall mean and be a reference to the Credit Term Loan Agreement, as amended by this Second Amendment.
(b) . The Credit Term Loan Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Second Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) effect. 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 any Lender or the any Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. This Second 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) On and after the effectiveness of this AmendmentAmendment 2 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, as amended by this Amendment.
(b) Amendment 2. The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this AmendmentAmendment 2, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) effect. The execution, delivery and effectiveness of this Amendment 2 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the any 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) On and after the effectiveness of this AmendmentAmendment 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, as amended by this AmendmentAmendment No. 1.
(b) The Credit Agreement, the Notes Agreement and each of the other Loan Documents, as specifically amended by this AmendmentAmendment No. 1, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment No. 1 shall 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, 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) On and after the effectiveness of this AmendmentAmendment 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 other transaction documents to 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 modified by this Amendment.
(b) The Credit Agreement, the Pledge and Security Agreement, the Notes and 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. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Loan Documents, in each case 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 Lender or the any Agent 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 (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) On and after Upon the effectiveness of this Fourth Amendment, on and 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 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 by this Amendmenthereby.
(b) The Except as specifically amended above, the Credit Agreement, the Notes Notes, and each of the all 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.
(c) The execution, delivery and effectiveness of this Fourth Amendment shall not, except as expressly provided herein, operate as a waiver of any default by Borrower or of any right, power or remedy of 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 1 contract
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Loan Agreement (Consol Energy Inc)
Reference to and Effect on the Loan Documents. (a) On and after Upon the effectiveness of this AmendmentAmendment No. 1, each reference in the Credit Amended and Restated Disbursement Agreement to “"this Agreement”", “"hereunder”", “"hereof” ", "herein", or words of like import referring to the Credit Agreementimport, 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 Amended and Restated Disbursement Agreement, shall mean and be a reference to the Credit Agreement, Amended and Restated Disbursement Agreement as amended by this Amendmenthereby and as the same may be further amended, supplemented and otherwise modified and in effect from time to time.
(b) The Credit AgreementExcept as expressly provided herein, the Notes Amended and each of the other Loan Documents, as specifically amended by this Amendment, are Restated Disbursement Agreement shall remain unchanged and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedeffect.
(c) The execution, delivery and effectiveness of this Amendment No. 1 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Bank or the Agent under any of the Loan Documents, 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) On and after the effectiveness of this AmendmentAmendment No. 4 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, as amended by this Amendment.
(b) . The Credit Agreement, the Notes and 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.
(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 any Lender or the any Agent 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 (Charter Communications, Inc. /Mo/)
Reference to and Effect on the Loan Documents. (a) On This Amendment shall be deemed to constitute a Loan Document for all purposes and after the effectiveness of this Amendment, each in all respects. Each reference in the Credit Existing Agreement and this Amendment (including Exhibit A attached hereto) to “this Agreement”, ,” “hereunder”, ,” “hereof,” “herein” or words of like import referring to the Credit Agreementimport, and each reference in the Notes and each of the Existing Agreement, this Amendment (including Exhibit A hereto) or in any other Loan Documents Document, or other agreements, documents or other instruments executed and delivered pursuant to the Existing Agreement and/or this Amendment 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 by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 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.. NRP OIL AND GAS, LLC
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) On and after Upon the effectiveness of this AmendmentAmendment No. 2, each reference in the Credit Amended and Restated Disbursement Agreement to “this Agreement”, “hereunder”, “hereof” ”, “herein”, or words of like import referring to the Credit Agreementimport, 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 Amended and Restated Disbursement Agreement, shall mean and be a reference to the Credit Agreement, Amended and Restated Disbursement Agreement as amended by this Amendmenthereby and as the same may be further amended, supplemented and otherwise modified and in effect from time to time.
(b) The Credit AgreementExcept as expressly provided herein, the Notes Amended and each of the other Loan Documents, as specifically amended by this Amendment, are Restated Disbursement Agreement shall remain unchanged and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedeffect.
(c) The execution, delivery and effectiveness of this Amendment No. 2 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Bank or the Agent under any of the Loan Documents, 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. (aA) On and after the effectiveness of this AmendmentAmendment 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 Notes, the Pledge Agreement and each of the other Loan Operative 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 by this Amendment.
(bB) The Credit Agreement, the Notes Agreement and each of the other Loan Operative 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.
(cC) 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 Lender, Finnvera or the Agent under the Credit Agreement or any of the Loan Operative Documents, nor or constitute a waiver of any provision of the Credit Agreement or any of the Loan Operative Documents.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof” ' or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided set forth herein, operate as a waiver of any right, power or remedy of any Lender Party or the Agent 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 (Paxar Corp)
Reference to and Effect on the Loan Documents. (a) On Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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 by this Amendmenthereby.
(b) The Credit AgreementExcept as specifically amended above, the Notes Credit Agreement and each of the other Loan Documents, as specifically amended by this Amendment, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Lender, any Issuing Bank, the Arranger, the Documentation Agent or the Agent under any of the Loan Documents, nor constitute a waiver or amendment of any provision of any of the Loan Documents.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) On Upon the effectiveness hereof, on and after the effectiveness of this Amendment, date hereof 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 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, as amended by this Amendmenthereby.
(b) The Credit AgreementExcept as specifically provided, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, are Credit Agreement is and shall continue to be in full force and effect and are is hereby in all respects ratified and confirmed.
(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 or Co-Administrative Agent or the Funding Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Third Amendment and Consent (Flagstar Companies Inc)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this AmendmentAmendment and this Amendment shall constitute a Loan Document.
(b) The Credit Agreement, the Notes Agreement and 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.
(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 or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any other provision of any of the Loan Documents.
Appears in 1 contract
Samples: Credit Agreement and Incremental Term Loan Agreement (John Bean Technologies CORP)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, as specifically amended by this Amendment, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall 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, nor constitute a waiver of any provision of any of the Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Hospira Inc)
Reference to and Effect on the Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in 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, as amended by this Amendment.
(b) The Credit Agreement, the Notes and 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.
(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 or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) This Amendment shall be deemed to constitute a Loan Document.
Appears in 1 contract