Restatement of Existing Agreement. The parties hereto agree that, on the Closing Date, after all conditions precedent set forth in Section 7.1 have been satisfied or waived: (a) the Obligation (as defined in this Agreement) represents, among other things, the restatement, renewal, amendment, extension, and modification of the “Obligation” (as defined in the Existing Agreement); (b) this Agreement is intended to, and does hereby, restate, renew, extend, amend, modify, supersede, and replace the Existing Agreement in its entirety; (c) the Notes, if any, executed pursuant to this Agreement amend, renew, extend, modify, replace, restate, substitute for, and supersede in their entirety (but do not extinguish the Debt arising under) the promissory notes issued pursuant to the Existing Agreement, which existing promissory notes shall be returned to Administrative Agent promptly after the Closing Date, marked “canceled and replaced”; (d) each Confirmation of Pledge Agreement executed pursuant to this Agreement ratifies and confirms (but does not extinguish or impair the collateral security created or evidenced by) the “Pledge Agreement” executed and delivered by the “Debtor” named therein pursuant to the Original Agreement and all subsequent amendments and restatements thereof (including, without limitation, the Existing Agreement); (e) the Confirmation of Guaranty executed pursuant to this Agreement ratifies and confirms (but does not extinguish or impair the “Guaranteed Debt” guaranteed by) the “Guaranty” executed and delivered pursuant to the Original Agreement and all subsequent amendments and restatements thereof (including, without limitation, the Existing Agreement); and (f) the entering into and performance of their respective obligations under the Loan Papers and the transactions evidenced hereby do not constitute a novation nor shall they be deemed to have terminated, extinguished, or discharged the “Debt” under the Existing Agreement, the Security Documents, the Guaranty, or the other Loan Papers (or the collateral security therefore), all of which Debt and Collateral shall continue under and be governed by this Agreement and the other Loan Papers, except as expressly provided otherwise herein.
Restatement of Existing Agreement. This Agreement amends and restates, in its entirety, the Existing Agreement, which as of the date hereof shall have no further force and effect.
Restatement of Existing Agreement. The parties hereto agree that, on the Closing Date, after all conditions precedent set forth in Section 4.1 have been satisfied or waived: (a) this Agreement is intended to, and does hereby, restate, amend, supersede, and replace the Existing Agreement in its entirety; (b) the Notes executed pursuant to this Agreement replace and supersede in their entirety (but do not extinguish, the indebtedness arising under) the promissory notes issued pursuant to the Existing Agreement, which existing promissory notes shall be promptly marked "canceled and replaced," and, thereafter, delivered by the Bank to the Company; and (c) the entering into and performance of their respective obligations under the Loan Documents and the transactions evidenced hereby do not constitute a novation nor shall they be deemed to have terminated, extinguished, or discharged the indebtedness under the Existing Agreement, all of which indebtedness shall continue under and be governed by this Agreement and the other Loan Documents, except as expressly provided otherwise herein.
Restatement of Existing Agreement. The Lenders which are parties to the Existing Agreement hereby waive the notice requirement set forth in the Existing Agreement for any prepayment on the Closing Date of loans outstanding under the Existing Agreement and agree that the Existing Agreement shall be amended and restatement as herein set forth on the Closing Date.
Restatement of Existing Agreement. The parties hereto agree that, on the Closing Date, after all conditions precedent set forth in SECTION 5.1 have been satisfied or waived:
(a) the Obligation (as defined herein) represents, among other things, the amendment, extension, consolidation, and modification of the "Obligation" (as defined in the Existing Agreement); (b) this Facility A Agreement is intended to, and does hereby, restate, consolidate, renew, extend, amend, modify, supersede, and replace the Existing Agreement in its entirety; (c) the Notes, if any, executed pursuant to this Facility A Agreement amend, renew, extend, modify, replace, substitute for, and supersede in their entirety (but do not extinguish, the Debt arising under) the AMENDED AND RESTATED FACILITY A REVOLVING CREDIT AGREEMENT 66 72 promissory notes issued pursuant to the Existing Agreement, if any, which existing promissory notes shall be returned to Administrative Agent promptly after the Closing Date, marked "cancelled and replaced," and, thereafter, delivered by Administrative Agent to Borrower; and (d) the entering into and performance of their respective obligations under this Facility A Agreement and the transactions evidenced hereby do not constitute a novation. EXECUTED on the respective dates shown on the signature pages hereto, but effective as of the Closing Date. [REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES FOLLOW.] AMENDED AND RESTATED FACILITY A REVOLVING CREDIT AGREEMENT 67 73 SCHEDULE 2.1
Restatement of Existing Agreement. The parties hereto confirm that this Agreement constitutes an amendment and restatement of the Collateral Trust and Intercreditor Agreement dated as of June 27, 2001, as amended and restated as of May 28, 2003, and as further amended prior to the 2009 Amendment and Restated Effective Date (the “Original Intercreditor Agreement”), among Rite Aid, the subsidiary guarantors party thereto, Wilmington Trust Company, as the Second Priority Collateral Trustee, Citicorp North America, Inc., and certain Second Priority Representatives. In accordance with Sections 6.12 and 8.01 of the Original Intercreditor Agreement, (i) CNAI, with the consent and authority of the Majority Senior Parties, and (ii) The Bank of New York Mellon Trust Company, N.A., in its capacity as the Second Priority Representative which, by reason of the 2017 7.5% Notes and the 2016 10.375% Notes in the aggregate representing a majority of the current aggregate amount of outstanding Second Priority Debt Obligations, constitutes the sole member of the Second Priority Instructing Group, hereby consent to the execution and delivery of, and authorize and instruct the Second Priority Collateral Trustee to execute and deliver, this Agreement. 28
Restatement of Existing Agreement. The parties hereto agree that, on the Closing Date, after all conditions precedent set forth in Section 6.1 have been satisfied or waived:
Restatement of Existing Agreement. The parties to this Shareholders Agreement, on behalf of all parties to the Existing Agreement, hereby agree that this Shareholders Agreement shall amend, restate, and supersede the Existing Agreement in all respects.
Restatement of Existing Agreement. 66 CREDIT AGREEMENT PMC COMMERCIAL TRUST 6 SCHEDULES --------- Schedule 2 - Lenders and Commitments Schedule 5.1 - Eligibility Conditions Schedule 5.2 - Collateral Delivery Procedures Schedule 7.3 - Information Regarding Companies Schedule 7.8 - Litigation Schedule 9.2 - Existing Debt Schedule 9.3 - Existing Liens EXHIBITS -------- Exhibit A - Revolving Note Exhibit B - Swing Line Note Exhibit C - Security Agreement Exhibit D - Borrowing Request Exhibit E - Collateral Delivery Notice Exhibit F - Shipping Request Exhibit G - Bailee Letter Exhibit H - Trust Receipt Exhibit I - Release Request Exhibit J - Conversion Notice Exhibit K - Compliance Certificate Exhibit L - Borrowing Base Report Exhibit M - Opinion of Borrower's Counsel Exhibit N - Assignment Agreement Exhibit O - Approved Investors CREDIT AGREEMENT PMC COMMERCIAL TRUST CREDIT AGREEMENT THIS CREDIT AGREEMENT is entered into as of November 29, 1999, among PMC COMMERCIAL TRUST, a real estate investment trust organized under the laws of the State of Texas ("Borrower"), certain Lenders (defined below), BANK ONE, TEXAS, N.A., as Administrative Agent (defined below) for itself and the other Lenders, and BANK ONE TRUST COMPANY, NA, as Collateral Agent (defined below) for itself and the other Lenders.
Restatement of Existing Agreement. The parties to this agreement agree that, on the Closing Date, after all conditions precedent set forth in SECTION 6.1 have been satisfied or waived:
(a) the Obligations represents, among other things, the renewal, amendment, extension, consolidation and modification of the "Obligation" (as defined in the Existing Agreement); (b) this agreement is intended to, and does hereby, restate, renew, extend, amend, modify, consolidate, supersede and replace the Existing Agreement;
