Restatement Date. The Company, each Lender, the Administrative Agent and the Co-Agents agree that on the Restatement Date the following transactions shall be deemed to occur automatically, without further action by any party hereto: (a) The Prior Credit Agreement shall be deemed to be amended and restated in its entirety in the form of this Agreement. (b) The Administrative Agent shall, promptly after receipt of the Notes reflecting the amendments to the Prior Credit Agreement effected hereunder, cancel and return to the Company (upon receipt from the Lenders) the promissory notes being replaced by such Notes. The Company, each Lender, the Administrative Agent and the Co-Agents agree that (i) the restatement transactions provided in the foregoing sentence shall not be effective until the execution of this Agreement by all of the parties hereto and the satisfaction of the conditions precedent set forth in SECTION 4.01 hereof; (ii) all terms and conditions of the Prior Credit Agreement which are amended and restated by this Agreement shall remain effective until such amendment and restatement becomes effective hereunder, and thereafter shall continue to be effective only as amended and restated by this Agreement and (iii) the representations, warranties and covenants set forth herein shall become effective concurrently with the execution of this Agreement by all of the parties hereto.
Appears in 1 contract
Restatement Date. The Company, each Lender, the Lender and Administrative Agent and the Co-Agents agree that on the Restatement Date the following transactions shall be deemed to occur automatically, without further action by any party hereto:
(a) : The Prior Existing Credit Agreement shall be deemed to be amended and restated in its entirety in the form of this Agreement.
(b) The Administrative Agent shall, promptly after receipt of Agreement without further action by any party hereto and the Notes reflecting the amendments to the Prior Credit Agreement effected Loans outstanding thereunder shall continue as Loans hereunder, cancel and return to the Company (upon receipt from the Lenders) the promissory notes being replaced by such Notes. The Company, each Lender, the and Administrative Agent and the Co-Agents agree that (i) the restatement transactions provided in the foregoing sentence shall not be effective until the execution of this Agreement by all of the parties hereto and the satisfaction of the conditions precedent set forth in SECTION Section 4.01 hereof; (ii) all terms and conditions of the Prior Existing Credit Agreement which are amended and restated by this Agreement shall remain effective until such amendment and restatement becomes effective hereunder, and thereafter shall continue to be effective only as amended and restated by this Agreement and (iii) the representations, warranties and covenants set forth herein shall become effective concurrently with the execution of this Agreement by all of the parties hereto.
Appears in 1 contract
Restatement Date. The CompanyBorrower, each Lender, the Administrative Agent Lender and the Co-Agents Agent agree that on the Restatement Date the following transactions shall be deemed to occur automatically, without further action by any party hereto:hereto (except as set forth below):
(a) The Prior Existing Credit Agreement shall be deemed to be amended and restated in its entirety in the form of this Agreement.
(b) The Administrative Agent shall, promptly after receipt of the Notes reflecting the amendments to the Prior Existing Credit Agreement effected hereunder, cancel and return to the Company Borrower (upon receipt from the Lenders) the promissory notes being replaced by such Notes. The CompanyBorrower, each Lender, the Administrative Agent Lender and the Co-Agents Agent agree that (i) the restatement transactions provided in the foregoing sentence shall not be effective until the execution of this Agreement by all of the parties hereto and the satisfaction of the conditions precedent set forth in SECTION 4.01 Section 4.1 hereof; (ii) all terms and conditions of the Prior Existing Credit Agreement which are amended and restated by this Agreement shall remain effective until such amendment and restatement becomes effective hereunder, hereunder and thereafter shall continue to be effective only as amended and restated by this Agreement and (iii) the representations, warranties and covenants set forth herein shall become effective concurrently with on the execution of this Agreement by all of the parties heretoRestatement Date.
Appears in 1 contract
Restatement Date. The Company, each Lender, the Administrative Agent Lender and the Co-Agents Agent agree that on the Restatement Date the following transactions shall be deemed to occur automatically, without further action by any party hereto:
(a) The Prior Credit Agreement shall be deemed to be amended and restated in its entirety in the form of this Agreement.
(b) The Administrative Agent shall, promptly after receipt of the Notes reflecting the amendments to the Prior Credit Agreement effected hereunder, cancel and return to the Company (upon receipt from the Lenders) the promissory notes being replaced by such Notes. The Company, each Lender, the Administrative Agent and the Co-Agents Agent agree that (i) the restatement transactions provided in the foregoing sentence shall not be effective until the execution of this Agreement by 105 all of the parties hereto and the satisfaction of the conditions precedent set forth in SECTION 4.01 Section 5.01 hereof; (ii) all terms and conditions of the Prior Credit Agreement which are amended and restated by this Agreement shall remain effective until such amendment and restatement becomes effective hereunder, and thereafter shall continue to be effective only as amended and restated by this Agreement and (iii) the representations, warranties and covenants set forth herein shall become effective concurrently with the execution of this Agreement by all of the parties hereto.
Appears in 1 contract