Reference to and Effect on the Loan Documents. (a) As of the Eleventh Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and " or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended hereby. The Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Pequannock Valley Claim Service Company, Inc.)
Reference to and Effect on the Loan Documents. (a) As Upon the effectiveness of Section 1 hereof, on and after the Eleventh Amendment Effective Datedate hereof, each reference in the Credit Loan Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “", "herein,” " or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), "Loan Agreement" shall mean and be a reference to the Credit Loan Agreement as amended by this Amendmenthereby.
(b) Except as expressly specifically amended herebyherein, all of the terms and provisions of Loan Agreement, the Credit Agreement Notes, the CWEI Guaranty, and all other Loan Documents are instruments securing or guaranteeing Borrower's obligations to the Administrative Agent and the Lenders (the "Security Instruments") shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents Security Instruments and all of the Collateral collateral described therein do and shall continue to secure the payment of all Obligations obligations of Borrower under the Notes and the Loan Agreement, as amended hereby, and under the other Security Instruments. For avoidance of doubt, the parties confirm and agree that once the L/C is released pursuant to Section 3.4(m)(i) of the Loan Parties under Agreement, is drawn upon as contemplated in Section 3.4(m)(ii) of the Loan DocumentsAgreement, or is otherwise no longer outstanding, the temporary reduction of the CWEI Guaranty by the undrawn face amount of the L/C shall cease and no longer be of force or effect and the CWEI Guaranty shall be legally binding and enforceable in each case, accordance with its terms as originally written except as specifically amended by this Amendmentherein.
(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 the Administrative Agent or Lenders under any Lender under of the Credit Agreement or any Loan DocumentSecurity Instruments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinSecurity Instruments.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Clayton Williams Energy Inc /De)
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Fifth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof”, “therein” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended or waived, as applicable, hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent Agent, any Lender or any Issuing Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Hertz Corp)
Reference to and Effect on the Loan Documents. (a) As Upon the effectiveness of this Third Amendment, on and after the Eleventh Amendment Effective Date, date hereof each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” ", or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”"thereof", “thereof” and or words of like import)import referring to the Credit Agreement, shall will mean and be a reference to the Credit Agreement as amended by this Amendmenthereby.
(b) Except as expressly specifically amended herebyabove, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain will 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 Loan Documents and all of the Collateral described therein do and shall will continue to secure the payment of all Obligations obligations of the Loan Parties Borrower and the Guarantors under the Credit Agreement, the Notes and the other Loan Documents, in each case, case as amended by this Amendmenthereby.
(c) The execution, delivery and effectiveness of this Third Amendment shall will not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh June 2013 Amendment Effective Closing Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, ,” “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by hereby, and this AmendmentAmendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment as of the June 2013 Amendment Closing Date.
(b) Except as expressly amended herebyhereby or specifically waived above, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Lenders, the Borrower or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement Loan Documents or for any Loan Document (as amended hereby) purpose except as and to the extent expressly set forth herein.
(d) This Amendment shall constitute a Loan Document under the terms of the Credit Agreement.
Appears in 1 contract
Samples: Abl Credit Agreement (Prestige Brands Holdings, Inc.)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and " or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain 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 Amendment No. 4 to Rayovac Credit Agreement continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Rayovac Corp)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Joinder, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this AmendmentJoinder.
(b) Except as expressly amended hereby, all of the terms and provisions of the The Credit Agreement and all each of the other Loan Documents Documents, as specifically amended by this Joinder, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this AmendmentJoinder.
(c) The execution, delivery and effectiveness of this Amendment Joinder shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.Documents
Appears in 1 contract
Samples: Joinder to the Credit Agreement (GT Advanced Technologies Inc.)
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment No. 7 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the “Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 7.
(b) Except as expressly amended herebyThe Credit Agreement, all the Pledge and Security Agreement, the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 7, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Credit Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 7.
(c) The execution, delivery and effectiveness of this Amendment No. 7 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Amendment Effective Incremental Facility Closing Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, ,” “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by hereby, and this AmendmentAmendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment as of the Incremental Facility Closing Date.
(b) Except as expressly amended herebyhereby or specifically waived above, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Lenders, the Borrower or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement Loan Documents or for any Loan Document (as amended hereby) purpose except as and to the extent expressly set forth herein.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Samples: Incremental Facility Amendment to Credit Agreement (Ameripath Inc)
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment Effective Date, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and " or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended and otherwise modified by this AmendmentAmendment and Waiver.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions other Loan Documents, except to the extent of the Credit Agreement amendments and all other Loan Documents waivers specifically provided above, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment and Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any of the Guaranteed Parties (as defined in the Subsidiaries Guarantee) or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Caremark Rx Inc)
Reference to and Effect on the Loan Documents. (ai) As of the Eleventh Sixth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof”, “therein” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(bii) Except as expressly amended or waived, as applicable, hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment.
(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 the Administrative Agent Agent, any Lender or any Issuing Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Hertz Corp)
Reference to and Effect on the Loan Documents. (a) As of the Eleventh First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof”, “therein” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended or waived, as applicable, hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent Agent, any Lender or any Issuing Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Hertz Corp)
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Ninth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Restated Credit Agreement as amended by this AmendmentAgreement.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement (including the schedules and exhibits thereto) and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Extension Amendment No. 1 Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the “Credit Agreement”, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except The Credit Agreement, as expressly specifically amended herebyby this Amendment, all of and the terms and provisions of the Credit Agreement and all other Loan Documents are are, and shall remain continue to be, in full force and effect effect, and are hereby in all respects ratified and confirmed. Without limiting the generality Nothing in this Amendment shall be deemed or construed to constitute, and there has not otherwise occurred, a novation, cancellation, satisfaction, release, extinguishment or substitution of the foregoing, indebtedness or the Collateral Documents and all other obligations of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties Borrowers or any other Borrower Party under the Loan Documents, in each case, as amended by this Amendment.
(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 or any Lender Agents under the Credit Agreement or any other Loan Document, or nor shall it constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document.
(d) This Amendment shall be deemed a Loan Document (as amended hereby) except as and to for all purposes under the extent expressly set forth hereinCredit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Zayo Group LLC)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport 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 (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement Agreement, as amended modified by this Amendment.
(b) Except The Credit Agreement, as expressly specifically amended herebyby this Amendment, all and each of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Twelfth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof”, “therein” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent Agent, any Lender or any Issuing Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Allison Transmission Holdings Inc)
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Eighth Amendment Effective Date, each reference in the Credit Agreement to “this Third Amended and Restated Credit Agreement,” “hereunderCredit Agreement,” “Agreement,” the prefix “herein,” “hereof,” “herein,” or words of like similar import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import)Agreement, shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) hereby. Except as expressly to the extent amended or modified hereby, all of the terms representations, warranties, terms, covenants and provisions conditions of the Credit Agreement and all other the Loan Documents are and shall remain as written originally and in full force and effect in accordance with their respective terms and are hereby ratified and confirmed. Without limiting the generality , and nothing herein shall affect, modify, limit or impair any of the foregoingrights and powers which the Lenders, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 Senior Administrative Agent or remedy of the Administrative Agent may have hereunder or thereunder. The amendment set forth herein shall be limited precisely as provided for herein, and shall not be deemed to be a waiver of, amendment of, consent to or modification of any Lender of the rights of the Lenders, the Senior Administrative Agent or the Administrative Agent under or of any other term or provisions of the Credit Agreement or any Loan Document, or constitute a waiver of any term or amendment provision of any other provision instrument referred to therein or herein or of any transaction or future action on the part of the Credit Agreement Company which would require the consent of the Lenders, the Senior Administrative Agent or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinAdministrative Agent.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As Upon the effectiveness of this First Amendment, on and after the Eleventh Amendment Effective Date, date hereof each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” ", or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”thereof", “thereof” and or words of like import)import referring to the Credit Agreement, shall will mean and be a reference to the Credit Agreement as amended by this Amendmenthereby.
(b) Except as expressly specifically amended herebyabove, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain will continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality generally of the foregoing, the Collateral Loan Documents and all of the Collateral described therein do and shall will continue to secure the payment of all Obligations obligations of the Loan Parties Borrower and the Guarantors under the Credit Agreement, the Notes and the other Loan Documents, in each case, case as amended by this Amendmenthereby.
(c) The execution, delivery and effectiveness of this First Amendment shall will not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Fifth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Seventh Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh this Amendment Effective DateNo. 3, each reference in the Credit Agreement to “this Agreement,” “"hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the "Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import)Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 3.
(b) Except as expressly amended herebyThe Credit Agreement, all the Pledge and Security Agreement, the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 3, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Credit Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 3.
(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 the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and " or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
. The Credit Agreement (b) Except as expressly amended herebyincluding, all without limitation, the guarantees by the Borrowers set forth in Section 4.10 thereof), the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As o On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and " or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended hereby. The Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Ntelos Inc)
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment Effective Date, each reference in the Credit Standstill Agreement or Intercreditor Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Standstill Agreement or Intercreditor Agreement, as the case may be, and each reference in the Credit Agreement and other Loan Documents to "the Credit Agreement (includingStandstill Agreement", without limitation"the Intercreditor Agreement", by means of words like “"thereunder”", “"thereof” and " or words of like import)import referring to the Standstill Agreement or the Intercreditor Agreement, shall mean and be a reference to the Credit Standstill Agreement or the Intercreditor Agreement, as the case may be, as amended by this Amendmentand otherwise modified hereby.
(b) Except as expressly amended herebyThe Standstill Agreement, all the Credit Agreement, the Intercreditor Agreement and each of the terms and provisions other Loan Documents, except to the extent of the Credit Agreement waivers and all other Loan Documents modifications specifically provided above, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment.
(c) The execution, delivery and effectiveness of this Amendment Waiver and Consent shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Standstill Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document Documents.
(as amended herebyd) except as This Waiver and to the extent expressly set forth hereinConsent is and shall be a Loan Document.
Appears in 1 contract
Samples: Waiver and Consent to the Standstill Agreement and Intercreditor Agreement (Exide Technologies)
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment No. 6 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the “Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 6.
(b) Except as expressly amended herebyThe Credit Agreement, all the Pledge and Security Agreement, the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 6, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Credit Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 6.
(c) The execution, delivery and effectiveness of this Amendment No. 6 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Letter Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Letter Amendment.
(b) Except The Credit Agreement, as expressly specifically amended herebyby this Letter Amendment, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Letter Amendment.
(c) . The execution, delivery and effectiveness of this Letter 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 or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor, except as expressly provided herein, constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Broadwing Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in of the other Loan Documents to the Credit Agreement (including"this Agreement", without limitation"hereunder", by means of words like “thereunder”, “thereof” and "hereof" or words of like import)import referring to the Credit Agreement, and each reference 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) Except as expressly amended hereby, all of the terms and provisions of the The Credit Agreement and all each of the other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 Bank or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Loan Documents.
(d) This Amendment is a "Loan Document" under and as defined in the Credit Agreement or any Loan Document (Agreement, as amended hereby) except as and to the extent expressly set forth hereinby this Amendment.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Tenth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby WEIL:\95857116\6\35899.0483 ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Sixth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof”, “therein” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended or waived, as applicable, hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent Agent, any Lender or any Issuing Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Hertz Corp)
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment No. 9 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the “Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 9.
(b) Except as expressly amended herebyThe Credit Agreement, all the Pledge and Security Agreement, the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 9, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Credit Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 9.
(c) The execution, delivery and effectiveness of this Amendment No. 9 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Letter Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Letter Amendment.
(b) Except The Credit Agreement, as expressly specifically amended herebyby this Letter Amendment, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this Letter Amendment.
(c) . The execution, delivery and effectiveness of this Letter 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 or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Broadwing Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement and each of the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement or the Collateral Assignment, and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means “the Collateral Assignment of words like Proceeds,” “thereunder”, “thereof” and or words of like import), import referring to the Credit Agreement or the Collateral Assignment shall mean and be a reference to the Credit Agreement or the Collateral Assignment, as applicable, as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the The Credit Agreement and all each of the other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain 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 Security Documents and all of the Collateral collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 Bank or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Loan Documents.
(d) This Amendment is a “Loan Document” under and as defined in the Credit Agreement or any Loan Document (Agreement, as amended hereby) except as and to the extent expressly set forth hereinby this Amendment.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Eighth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Restated Credit Agreement as amended by this AmendmentAgreement.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement (including the schedules and exhibits thereto) and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Seventh Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended herebyThe Credit Agreement (including, all without limitation, the guarantees by the Borrowers set forth in Section 4.10 thereof), the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended and modified by this AmendmentAgreement.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended and modified by this Agreement, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents to the extent provided in the Collateral Documents, in each case, as amended by this Amendment.
(c) The Save as expressly provided herein, the execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender, any Issuing Bank, any Swing Line Lender or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Loan Documents.
(d) The Agent agrees to promptly post this Agreement or any Loan Document (as amended hereby) except as and to for the extent expressly set forth hereinLenders on the Platform.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As Upon the effectiveness of the Eleventh Amendment Effective Datethis Amendment, (i) each reference in the Credit Sale and Servicing Agreement to “this Servicing Agreement,” ”, “this Agreement”, “hereunder,” ”, “hereof,” ”, “herein,” or words of like importimport shall mean and be a reference to the Sale and Servicing Agreement as amended or otherwise modified hereby, and (ii) each reference to the Sale and Servicing Agreement in the any other Loan Documents to the Credit Agreement (includingDocument or any other document, without limitation, by means of words like “thereunder”, “thereof” and words of like import)instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Credit Sale and Servicing Agreement as amended by this Amendmentor otherwise modified hereby.
(b) Except as expressly amended herebyspecifically amended, all of terminated or otherwise modified above, the terms and provisions conditions of the Credit Agreement Sale and Servicing Agreement, of all other Loan Documents are and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. Without limiting , and the generality Agent expressly reserves the right to require strict compliance with the terms of the foregoing, Sale and Servicing Agreement and the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the other 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, not operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under the Credit Sale and Servicing Agreement or any other Loan DocumentDocument or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) contained therein, in each case except as and to the extent expressly specifically set forth herein.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp)
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Eighth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended modified by this AmendmentAmendment and Waiver.
(b) Except as expressly amended herebyThe Credit Agreement (including, all without limitation, the guarantees by the Borrowers set forth in Section 4.10 thereof), the Notes and each of the terms other Loan Documents (including, without limitation, the covenants set forth in Section 6 of Amendment No. 7 and provisions any written agreements with respect to the security interests contemplated under Section 7.1.14 of the Credit Agreement and all other Loan Documents Agreement) are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended modified by this AmendmentAmendment and Waiver.
(c) The execution, delivery and effectiveness of this Amendment and Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Loan Documents (including, without limitation, the covenants set forth in Section 6 of Amendment No. 7 and any written agreements with respect to the security interests contemplated under Section 7.1.14 of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinAgreement.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof”, “therein” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended or waived, as applicable, hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent Agent, any Lender or any Issuing Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Hertz Corp)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and " or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended hereby. The Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Alpharma Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh this Amendment Effective DateNo. 1, each reference in the Credit Agreement to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the “Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 1.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 1, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 1.
(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 the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh September 2014 Amendment Effective Closing Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, ,” “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by hereby, and this AmendmentAmendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment as of the September 2014 Amendment Closing Date.
(b) Except as expressly amended herebyhereby or specifically waived above, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Lenders, the Borrower or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement Loan Documents or for any Loan Document (as amended hereby) purpose except as and to the extent expressly set forth herein.
(d) This Amendment shall constitute a Loan Document under the terms of the Credit Agreement.
Appears in 1 contract
Samples: Abl Credit Agreement (Prestige Brands Holdings, Inc.)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the The Credit Agreement and all each of the other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.Documents
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Seventh Amendment Effective Date, each reference in the Credit Agreement to “this Seventh Amended and Restated Credit Agreement,” “hereunderCredit Agreement,” “Agreement,” the prefix “herein,” “hereof,” “herein,” or words of like similar import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import)Agreement, shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) hereby. Except as expressly to the extent amended or modified hereby, all of the terms representations, warranties, terms, covenants and provisions conditions of the Credit Agreement and all other the Loan Documents are and shall remain as written originally and in full force and effect in accordance with their respective terms and are hereby ratified and confirmed. Without limiting the generality , and nothing herein shall affect, modify, limit or impair any of the foregoingrights and powers which the Lenders, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 Senior Administrative Agent or remedy of the Administrative Agent may have hereunder or thereunder. The amendment set forth herein shall be limited precisely as provided for herein, and shall not be deemed to be a waiver of, amendment of, consent to or modification of any Lender of the rights of the Lenders, the Senior Administrative Agent or the Administrative Agent under or of any other term or provisions of the Credit Agreement or any Loan Document, or constitute a waiver of any term or amendment provision of any other provision instrument referred to therein or herein or of any transaction or future action on the part of the Credit Agreement Company which would require the consent of the Lenders, the Senior Administrative Agent or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinAdministrative Agent.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and " or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Alpharma Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh this Amendment Effective DateNo. 5, each reference in the Credit Agreement to “this Agreement,” “"hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the "Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import)Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 5.
(b) Except as expressly amended herebyThe Credit Agreement, all the Pledge and Security Agreement, the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 5, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Credit Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 5.
(c) The execution, delivery and effectiveness of this Amendment No. 5 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh this Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” ’ or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of the like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Broadwing Inc)
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” ' or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit Agreement (includingAgreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and ' or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent or any Lender or the Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment Effective Date, each reference in the 2011 Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the 2011 Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the 2011 Credit Agreement, shall mean and be a reference to the 2011 Credit Agreement Agreement, as amended by this Amendment.
(b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, as amended by, and after giving effect to, this Agreement, in each casecase subject to the terms thereof.
(b) The 2011 Credit Agreement, as specifically amended by this Amendment, and the other Loan Documents are, and shall continue to be, in full force and effect, and are hereby in all respects ratified and confirmed.
(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, the Administrative Agent or any Lender the Collateral Agent under the 2011 Credit Agreement or any other Loan Document, nor shall it constitute a waiver of any provision of the 2011 Credit Agreement or any Loan Document, or . This Amendment shall constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinfor all purposes.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh this Amendment Effective DateNo. 2, each reference in the Credit Agreement to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the “Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 2.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 2, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 2.
(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 the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As Upon and after the effectiveness of the Eleventh Amendment Effective Datethis Amendment, each reference in the Existing Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like import, import referring to the Existing Credit Agreement and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import), import referring to the Existing Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended by this AmendmentAgreement.
(b) Except as expressly amended herebyThe Existing Credit Agreement, all the Amended Credit Agreement, the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality This Amendment shall constitute a “Loan Document” for all purposes of the foregoing, Amended Credit Agreement and the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the other 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, the Administrative Agent or any Lender the Collateral Agent under the Existing Credit Agreement Agreement, the Amended Credit Agreement, or any other Loan Document, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinthereof.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment No. 1 to ARCA Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and ”, or words of like import), import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement Agreement, as amended and otherwise modified by this Amendment.
(b) Except as expressly amended herebyThe Credit Agreement, all the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain 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 Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, 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 the Lenders, the Administrative Agent or any Lender under the Credit Agreement Collateral Agent, nor constitute an amendment or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any the other Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Eleventh this Amendment Effective DateNo. 4, each reference in the Credit Agreement to “this Agreement,” “"hereunder,” “", "hereof,” “herein,” " or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the "Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import)Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 4.
(b) Except as expressly amended herebyThe Credit Agreement, all the Pledge and Security Agreement, the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 4, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Credit Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 4.
(c) The execution, delivery and effectiveness of this Amendment No. 4 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof”, “therein” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) Except as expressly amended or waived, as applicable, hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the 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 the Administrative Agent Agent, any Lender or any Issuing Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
Appears in 1 contract
Samples: Credit Agreement (Hertz Corp)
Reference to and Effect on the Loan Documents. (a) As of the Eleventh Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended by this Amendment.
(b) a. Except as expressly amended herebyset forth in this Amendment, all of the terms and provisions of the Existing Credit Agreement and all the other Loan Documents (including all exhibits and schedules to each of the Existing Credit Agreement and the other Loan Documents) are and shall remain in full force and effect and are hereby ratified and confirmed. Without limiting The Amendments provided for herein and in the generality annexes and exhibits hereto are limited to the specific provisions of the foregoingExisting Credit Agreement specified herein and therein and shall not constitute an amendment of, the Collateral Documents and all or an indication of the Collateral described therein do and shall continue Administrative Agent’s or any Lender’s willingness to secure the payment of all Obligations amend or waive, any other provisions of the Loan Parties under Existing Credit Agreement, any other provisions of the Loan Documents, in each case, Existing Credit Agreement as amended by this Amendment1161066.03-CHISR02A - MSW hereby or thereby, or the same sections or any provision of any other Loan Document for any other date or purpose.
(c) b. 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 the Administrative Agent, the Escrow Agent or any Lender under the Existing Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Existing Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein.
c. This Amendment shall constitute a Loan Document.
Appears in 1 contract
Reference to and Effect on the Loan Documents. (a) As of On and after the Eleventh Amendment No. 8 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents transaction documents to the “Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended modified by this AmendmentAmendment No. 8.
(b) Except as expressly amended herebyThe Credit Agreement, all the Pledge and Security Agreement, the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment No. 8, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Credit Parties under the Loan Documents, in each case, case as amended by this AmendmentAmendment No. 8.
(c) The execution, delivery and effectiveness of this Amendment No. 8 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Credit Agreement (Headwaters Inc)
Reference to and Effect on the Loan Documents. (a) As Upon the effectiveness of this Amendment, on and after the Eleventh Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement and, and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by this Amendmenthereby.
(b) Except as expressly amended herebyamended, all of the terms and provisions of modified or supplemented by this Amendment, the Credit Agreement and all of the other Loan Documents Documents, are and shall remain continue to be in full force and effect effect, enforceable against the Borrower in accordance with their respective terms, and are hereby ratified and confirmedconfirmed by the Borrower in all respects. Without limiting the generality of the foregoing, the Collateral Documents Pledge Agreement and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties obligations under the Credit Agreement and the other 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 the Administrative Agent or any Lender under any of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Lennox International Inc)