Common use of Restatement Clause in Contracts

Restatement. (a) On the Closing Date, that certain Pledge and Security Agreement, dated as of March 17, 2017 (as amended, supplemented or otherwise modified prior to the date hereof, the “Existing Pledge and Security Agreement”) shall be amended and restated in its entirety by this Agreement, and the Existing Pledge and Security Agreement shall thereafter be of no further force and effect, except that the Grantors, the Collateral Agent and the Secured Parties agree that (i) Liens created under the Existing Pledge and Security Agreement shall continue to exist under and be evidenced by this Agreement, (ii) the Existing Pledge and Security Agreement shall continue to evidence the representations and warranties made by the Grantors prior to the Closing Date, and (iii) the Existing Pledge and Security Agreement shall continue to evidence any action or omission performed or required to be performed pursuant to the Existing Pledge and Security Agreement prior to the Closing Date (including any failure, prior to the Closing Date, to comply with the covenants contained in the Existing Pledge and Security Agreement). The amendments and restatements set forth herein shall not cure any breach thereof or any “Default” or “Event of Default” under and as defined in the Existing Credit Agreement existing prior to the Closing Date. This Agreement is not in any way intended to constitute a novation of the obligations and liabilities existing under the Existing Pledge and Security Agreement. (b) The terms and conditions of this Agreement and the Collateral Agent’s and the Secured Parties’ rights and remedies under this Agreement and the other Loan Documents shall apply to all of the Obligations incurred under the Existing Credit Agreement as amended and restated by the Credit Agreement. (c) On and after the Closing Date, (i) all references to the Existing Pledge and Security Agreement (or to any amendment or any amendment and restatement thereof) in the Loan Documents (other than this Agreement) shall be deemed to refer to the Existing Pledge and Security Agreement, as amended and restated hereby, (ii) all references to any section (or subsection) of the Existing Pledge and Security Agreement or in any Loan Document (but not herein) shall be amended to become, mutatis mutandis, references to the corresponding provisions of this Agreement and (iii) except as the context otherwise provides, on or after the Closing Date, all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to the Existing Pledge and Security Agreement, as amended and restated hereby. (d) This amendment and restatement is limited as written and is not a consent to any other amendment, restatement or waiver, whether or not similar and, except as expressly provided herein or in any other Loan Document, all terms and conditions of the Loan Documents remain in full force and effect unless specifically amended hereby or by any other Loan Document.

Appears in 1 contract

Samples: Pledge and Security Agreement (Contura Energy, Inc.)

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Restatement. (a) On the Closing Restatement Date, that certain Pledge the Amended and Security Agreement, dated as of March 17, 2017 (as amended, supplemented or otherwise modified prior to the date hereof, the “Existing Pledge and Security Agreement”) Restated Credit Agreement shall be amended and restated in its entirety by this Agreement, Agreement and the Existing Pledge Amended and Security Restated Credit Agreement shall thereafter be of no further force and effect, effect except that the Grantors, the Collateral Agent and the Secured Parties agree that to evidence (i) Liens created under the Existing Pledge and Security Agreement shall continue to exist under and be evidenced by this Agreement, (ii) the Existing Pledge and Security Agreement shall continue to evidence the representations and warranties made incurrence by the Grantors prior to Company of the Closing Date, and (iii) the Existing Pledge and Security Agreement shall continue to evidence any action or omission performed or required to be performed pursuant to the Existing Pledge and Security Agreement prior to the Closing Date (including any failure, prior to the Closing Date, to comply with the covenants contained in the Existing Pledge and Security Agreement). The amendments and restatements set forth herein shall not cure any breach thereof or any Default” or “Event of DefaultObligations” under and as defined in the Existing Amended and Restated Credit Agreement existing prior (whether or not such “Obligations” are contingent as of the Restatement Date) and (ii) obligations of the Company to the Closing Dateextent such obligations would have survived the termination of the Original Credit Agreement in accordance with Section 9.8. This Agreement is not in any way intended to constitute a novation of the obligations and liabilities existing under the Existing Pledge Amended and Security AgreementRestated Credit Agreement or evidence payment of all or any portion of such obligations and liabilities. (b) The terms and conditions of this Agreement and the Collateral Administrative Agent’s and the Secured PartiesLenders’ rights and remedies under this Agreement and the other Loan Documents shall apply to all of the Obligations incurred under the Existing Credit Agreement as amended Amended and restated by the Restated Credit Agreement. (c) On and after the Closing Restatement Date, (i) all references to the Existing Pledge Amended and Security Restated Credit Agreement (or to any amendment or any amendment and restatement thereof) in the Loan Documents (other than this Agreement) shall be deemed to refer to the Existing Pledge Amended and Security Restated Credit Agreement, as amended and restated hereby, (ii) all references to any section (or subsection) of the Existing Pledge Amended and Security Restated Credit Agreement or in any Loan Document (but not herein) shall be amended to become, mutatis mutandis, references to the corresponding provisions of this Agreement and (iii) except as the context otherwise provides, on or after the Closing Restatement Date, all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references reference to the Existing Pledge Amended and Security Agreement, Restated Credit Agreement as amended and restated hereby. (d) This amendment and restatement is limited as written and is not a consent to any other amendment, restatement or waiverwaiver or other modification, whether or not similar and, except as expressly provided herein or in any other Loan Document, all terms and conditions of the Loan Loans Documents remain in full force and effect unless otherwise specifically amended hereby or by any other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Real Mex Restaurants, Inc.)

Restatement. (a) On the Closing First Amendment Effective Date, that certain Pledge and Security Agreement, dated as of March 17, 2017 (as amended, supplemented or otherwise modified prior to the date hereof, the “Existing Pledge and Security Agreement”) Original Credit Agreement shall be amended and restated in its entirety by this Agreement, Agreement and the Existing Pledge and Security Original Credit Agreement shall thereafter be of no further force and effect, effect except that the Grantors, the Collateral Agent and the Secured Parties agree that to evidence (i) Liens created under the Existing Pledge and Security Agreement shall continue to exist incurrence by the Borrower of the “Obligations” under and be evidenced by this Agreementas defined in the Original Credit Agreement (whether or not such “Obligations” are contingent as of the First Amendment Effective Date), (ii) the Existing Pledge and Security Agreement shall continue to evidence the representations and warranties made by Holdings and the Grantors Borrower prior to the Closing Date, First Amendment Effective Date and (iii) the Existing Pledge and Security Agreement shall continue to evidence any action or omission performed or required to be performed pursuant to the Existing Pledge and Security Original Credit Agreement prior to the Closing First Amendment Effective Date (including any failure, prior to the Closing First Amendment Effective Date, to comply with the covenants contained in the Existing Pledge and Security such Original Credit Agreement). The amendments and restatements set forth herein shall not cure any breach thereof or any “Default” or “Event of Default” under and as defined in the Existing Credit Agreement existing prior to the Closing Date. This Agreement is not in any way intended to constitute a novation of the obligations and liabilities existing under the Existing Pledge Original Credit Agreement or evidence payment of all or any portion of such obligations and Security liabilities. Notwithstanding anything herein to the contrary, all interest accrued for any Loan prior to the effectiveness of the First Amendment shall accrue at the applicable rate per annum set forth in the Original Credit Agreement. (b) The terms and conditions of this Agreement and the Collateral Agent’s Agents’ and the Secured PartiesLenders’ rights and remedies under this Agreement and the other Loan Documents shall apply to all of the Obligations incurred under the Existing Original Credit Agreement as amended and restated by the Credit Agreementcontinuing hereunder. (c) Holdings and the Borrower each reaffirm the Liens granted pursuant to the Loan Documents to the Administrative Agent for the benefit of the Lenders, which Liens shall continue in full force and effect during the term of this Agreement and any renewals thereof and shall continue to secure the Obligations. (d) On and after the Closing First Amendment Effective Date, (i) all references to the Existing Pledge and Security Original Credit Agreement (or to any amendment or any amendment and restatement thereof) in the Loan Documents (other than this Agreement) shall be deemed to refer to the Existing Pledge and Security Original Credit Agreement, as amended and restated hereby, (ii) all references to any section (or subsection) of the Existing Pledge and Security Original Credit Agreement or in any Loan Document (but not herein) shall be amended to become, mutatis mutandis, references to the corresponding provisions of this Agreement and (iii) except as the context otherwise provides, on or after the Closing First Amendment Effective Date, all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to the Existing Pledge and Security Original Credit Agreement, as amended and restated hereby. (de) This amendment and restatement is limited as written and is not a consent to any other amendment, restatement or waiverwaiver or other modification, whether or not similar and, except as expressly provided herein or in any other Loan Document, all terms and conditions of the Loan Documents remain in full force and effect unless otherwise specifically amended hereby or by any other Loan Document. (f) Each Lender hereby further authorizes each of the Agents, as applicable, on behalf of and for the benefit of Lenders, to be the agent for and representative of Lenders with respect to the Guarantors, the Collateral and the Security Documents and to execute any amendments, documents or instruments necessary to effect the amendments contemplated by this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Insurance Auto Auctions, Inc)

Restatement. (a) On Concurrently with the Closing execution and delivery of this Agreement: (i) ORC, as survivor pursuant to the Merger, shall execute and deliver to Lender the Amended and Restated ORC Term Note pursuant to Section 3.3(a) hereof, effective as of the Effective Date, that certain Pledge which note shall be deemed to evidence (A) the amendment and Security Agreementrestatement of, dated but not the extinguishment of, the unpaid principal amount of the term loan previously evidenced by the Existing OMPC Term Note, which note shall be substituted for and replaced thereby, plus (B) additional Obligations in respect of the additional advance contemplated by Section 3.3(a) hereof and (ii) OMPC-NC shall execute and deliver to Lender the Amended and Restated OMPC-NC Term Note pursuant to Section 3.3(b) hereof, effective as of March 17the Effective Date, 2017 which note shall be deemed to evidence (as amendedA) the amendment and restatement of, supplemented or otherwise modified prior to but not the date hereofextinguishment of, the unpaid principal amount of the term loan previously evidenced by the Existing Pledge and Security Agreement”) OMPC-NC Term Note, which note shall be amended substituted for and restated replaced thereby, plus (B) additional Obligations in its entirety respect of the additional advance contemplated by this Agreement, Section 3.3(b) hereof. (b) Borrowers hereby acknowledge and the Existing Pledge and Security Agreement shall thereafter be of no further force and effect, except that the Grantors, the Collateral Agent and the Secured Parties agree that (i) Liens created under the Existing Pledge and Security Agreement Pre-Effective Date Obligations consisting of revolving loans previously made by Lender to OMPC, shall continue to exist under constitute and be evidenced by deemed Revolving Loans under this AgreementAgreement to ORC, as survivor of the Merger, and shall be debited to ORC's loan account(s) with Lender in such manner as Lender shall, in its sole discretion, determine and (ii) the Existing Pledge and Security Agreement shall continue to evidence the representations and warranties Pre-Effective Date Obligations consisting of revolving loans previously made by the Grantors prior Lender to the Closing DateOMPC-NC, shall constitute and be deemed Revolving Loans to OMPC-NC under this Agreement, and (iiishall be debited to OMPC-NC's loan account(s) the Existing Pledge and Security Agreement shall continue to evidence any action or omission performed or required to be performed pursuant to the Existing Pledge and Security Agreement prior to the Closing Date (including any failurewith Lender in such manner as Lender shall, prior to the Closing Datein its sole discretion, to comply with the covenants contained in the Existing Pledge and Security Agreement). The amendments and restatements set forth herein shall not cure any breach thereof or any “Default” or “Event of Default” under and as defined in the Existing Credit Agreement existing prior to the Closing Date. This Agreement is not in any way intended to constitute a novation of the obligations and liabilities existing under the Existing Pledge and Security Agreementdetermine. (bc) The terms OMPC Financing Agreements are hereby amended and conditions of this Agreement restated in their entirety, and as so amended and restated, are replaced and superseded by, the Collateral Agent’s terms, conditions, agreements, covenants, representations, and the Secured Parties’ rights and remedies under warranties set forth in this Agreement and the other Loan Documents Financing Agreements, except that nothing herein or in the other Financing Agreements shall apply to all impair or adversely affect the continuation of the liability of Borrowers for the Pre-Effective Date Obligations incurred under or the Existing Credit Agreement as amended security interests and restated by liens heretofore granted, pledged and/or assigned to Lender. Without limiting the Credit Agreement. (c) On and after foregoing, the Closing Date, (i) all references to the Existing Pledge and Security Agreement (or to any amendment or any amendment and restatement thereof) in the Loan Documents (other than this Agreement) contained herein shall be deemed to refer to the Existing Pledge and Security Agreementnot, as amended and restated hereby, (ii) all references to any section (or subsection) of the Existing Pledge and Security Agreement or in any Loan Document (but not herein) shall manner, be amended construed to becomeconstitute payment of, mutatis mutandisor impair, references to limit, cancel or extinguish, or constitute a novation in respect of, the corresponding provisions Pre-Effective Date Obligations of this Agreement Borrowers evidenced by or arising under the OMPC Financing Agreements, or the liens and (iii) except as the context otherwise providessecurity interests securing such Obligations and liabilities, on none of which are in any manner being impaired, limited, terminated, waived or after the Closing Date, all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to the Existing Pledge and Security Agreement, as amended and restated released hereby. (d) This amendment and restatement is limited as written and is not a consent to any other amendment, restatement or waiver, whether or not similar and, except as expressly provided herein or in any other Loan Document, all terms and conditions of the Loan Documents remain in full force and effect unless specifically amended hereby or by any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Reunion Industries Inc)

Restatement. (a) On the Closing Date, This Note amends and restates in its entirety that certain Pledge and Security Agreement, senior secured convertible note dated as of March 17May 28, 2017 (as amended, supplemented or otherwise modified prior 2020 issued by the Corporation to the date hereof, Holder (the “Existing Pledge and Security AgreementOriginal Secured Note) shall be amended and restated in its entirety by this Agreement, and the Existing Pledge and Security Agreement shall thereafter be of no further force and effect, except that the Grantors, the Collateral Agent and the Secured Parties agree that (i) Liens created under the Existing Pledge and Security Agreement shall continue to exist under and be evidenced by this Agreement, (ii) the Existing Pledge and Security Agreement shall continue to evidence the representations and warranties made by the Grantors prior to the Closing Date, and (iii) the Existing Pledge and Security Agreement shall continue to evidence any action or omission performed or required to be performed pursuant to the Existing Pledge and Security Agreement prior to the Closing Date (including any failure, prior to the Closing Date, to comply with the covenants contained in the Existing Pledge and Security Agreement). The amendments and restatements set forth herein shall not cure any breach thereof or any “Default” or “Event of Default” under and as defined in the Existing Credit Agreement existing prior to the Closing Date. This Agreement is not in any way intended to constitute a novation of the obligations and liabilities existing under the Existing Pledge and Security Agreement. (b) The amendment and restatement of the Original Secured Note shall be effective as of the date of this Note. All obligations and rights of the Corporation or the Holder arising out of or relating to the period commencing on the date hereof shall be governed by the terms and conditions provisions of this Agreement Note; the obligations of and rights of the Company and the Collateral AgentHolder (as defined in the Original Secured Note) arising out of or relating to the period prior to the date hereof shall continue to be governed by the Original Secured Note without giving effect to the amendment and restatements provided for herein. This Note shall not constitute a novation or termination of the Corporation’s obligations under the Original Secured Note or any other Transaction Document (as defined in the Original Secured Note; such documents, the “Existing Transaction Documents”) executed or delivered in connection therewith, but shall constitute effective on the date hereof an amendment and restatement of the obligations and covenants of the Corporation under such Transaction Documents (and the Secured Parties’ rights Corporation hereby reaffirms all such obligations and remedies under this Agreement and the other Loan Documents shall apply to all of the Obligations incurred under the Existing Credit Agreement covenants, as amended and restated by the Credit Agreementhereby amended). (c) On and after This Note does not extinguish the Closing Date, (i) all references obligations for the payment of money outstanding under the Original Secured Note or discharge or release the obligations of the Corporation or any Subsidiary pursuant to the Existing Pledge and Security Agreement (or to any amendment or any amendment and restatement thereof) Transaction Documents, the Liens granted in the Loan Documents (other than this Agreement) shall be deemed to refer Collateral pursuant to the Existing Pledge and Security AgreementTransaction Documents or the priority of any mortgage, pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as amended and restated hereby, (ii) all references to any section (a substitution or subsection) novation of the obligations outstanding under the Original Secured Note, the other Existing Pledge and Security Agreement Transaction Documents or in any Loan Document (but not herein) instruments securing the same, which shall be amended to become, mutatis mutandis, references to the corresponding provisions of this Agreement and (iii) except as the context otherwise provides, on or after the Closing Date, all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to the Existing Pledge and Security Agreement, as amended and restated hereby. (d) This amendment and restatement is limited as written and is not a consent to any other amendment, restatement or waiver, whether or not similar and, except as expressly provided herein or in any other Loan Document, all terms and conditions of the Loan Documents remain in full force and effect unless specifically amended hereby effect, except as expressly modified hereby, by the Reaffirmation Documents or by another Transaction Document. Nothing expressed or implied in this Note shall be construed as a release or other discharge of the Corporation or any other Loan Subsidiary from any of its obligations or liabilities under the Original Secured Note or any other Existing Transaction Document. It is the intent of the parties that the security interests and Liens granted in the Collateral under and pursuant to the Existing Transaction Documents shall continue in full force and effect. The Corporation hereby agrees to execute and deliver all agreements, documents and instruments and to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary or desirable, as determined by the Holder, to ensure that the Liens pursuant to the Existing Transaction Documents continue to secure the obligations arising under this Note and under the other Transaction Documents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Neovasc Inc)

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Restatement. Borrower has heretofore been indebted to ----------- Lenders under the Original Agreement. Upon the execution and delivery of this Agreement by each of the parties hereto: (a) On any loans made under the Closing DateOriginal Agreement and outstanding as of the date hereof shall be deemed Loans made hereunder as of the date hereof and shall be deemed made under, that certain Pledge and Security evidenced by, the Notes and subject to the terms and conditions hereof and thereof, (b) the "Base Rate Portion" (as defined in the Original Agreement) of any such outstanding loan shall constitute a Base Rate Portion hereunder, (c) each "Fixed Rate Portion" and related "Interest Period" (as defined in the Original Agreement) of any such outstanding loan shall carryover and continue as a Fixed Rate Portion hereunder, with an Interest Period ending on the last day of such related "Interest Period", and in no event shall such carrying over and continuing of such Fixed Rate Portions (i) constitute a payment or prepayment of all or a portion of any "Fixed Rate Portion" or (ii) entitle any Lender to any reimbursement under Section 2.16 of the Original Agreement or Section 2.16 hereof with respect thereto, (d) the Percentage Share of each Lender shall be as set forth in the definition to this Agreement, dated as of March 17, 2017 (as amended, supplemented or otherwise modified prior to e) all accrued and unpaid interest on the date hereof, Loans and all accrued and unpaid fees and expenses under the “Existing Pledge and Security Agreement”) Original Agreement shall be amended deemed to be outstanding under and restated in its entirety governed by this Agreement, and the Existing Pledge and Security Agreement shall thereafter be of no further force and effect, except that the Grantors, the Collateral Agent and the Secured Parties agree that (if) Liens created any party named as a "Lender" under the Existing Pledge Agreement that is not a signatory hereto as a Lender under this Agreement (an "Exiting Lender") shall cease to be a Lender and Security shall be released from its obligations under the Existing Agreement shall continue to exist under and be evidenced by this Agreement, (ii) and Borrower shall make such adjustments in the Loans, including the borrowing of additional Loans and the repayment of Loans under the Existing Pledge Agreement plus all applicable accrued interest, fees and Security Agreement shall continue to evidence the representations and warranties made by the Grantors prior to the Closing Date, and (iii) the Existing Pledge and Security Agreement shall continue to evidence any action or omission performed or required to be performed pursuant to the Existing Pledge and Security Agreement prior to the Closing Date expenses (including any failure, prior costs under Article III of the Existing Agreement) as shall be necessary to the Closing Date, repay in full all Exiting Lenders and to comply with the covenants contained provide for Loans by each Lender in the Existing Pledge and Security Agreement). The amendments and restatements set forth herein shall not cure any breach thereof or any “Default” or “Event amount of Default” under and its new Percentage Share of all Loans as defined in of the Existing Credit Agreement existing prior to the Closing Datedate hereof. This Agreement is not amends and restates the Original Agreement in any way intended to constitute a novation of its entirety, and upon the obligations and liabilities existing under the Existing Pledge and Security Agreement. (b) The terms and conditions of this Agreement and the Collateral Agent’s and the Secured Parties’ rights and remedies under this Agreement and the other Loan Documents shall apply to all of the Obligations incurred under the Existing Credit Agreement as amended and restated by the Credit Agreement. (c) On and after the Closing Date, (i) all references to the Existing Pledge and Security Agreement (or to any amendment or any amendment and restatement thereof) in the Loan Documents (other than this Agreement) shall be deemed to refer to the Existing Pledge and Security Agreement, as amended and restated hereby, (ii) all references to any section (or subsection) of the Existing Pledge and Security Agreement or in any Loan Document (but not herein) shall be amended to become, mutatis mutandis, references to the corresponding provisions of this Agreement and (iii) except as the context otherwise provides, on or after the Closing Date, all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to the Existing Pledge and Security Agreement, as amended and restated hereby. (d) This amendment and restatement is limited as written and is not a consent to any other amendment, restatement or waiver, whether or not similar and, except as expressly provided herein or in any other Loan Documenteffectiveness hereto, all terms and conditions of provisions hereof shall supersede the Loan Documents remain in full force terms and effect unless specifically amended hereby or by any other Loan Documentprovisions thereof.

Appears in 1 contract

Samples: Credit Agreement (Nuevo Energy Co)

Restatement. (a) On the Closing DateExcept as otherwise stated in Section 14.2 hereof and this Section 14.4, that certain Pledge and Security Agreement, dated as of March 17, 2017 (as amended, supplemented or otherwise modified prior to the date hereof, the Existing Pledge and Security Agreement”) shall be Financing Agreements are hereby amended and restated in its entirety their entirety, and as so amended and restated, are replaced and superseded by this AgreementAgreement and the other Financing Agreements, and the Existing Pledge and Security Agreement shall thereafter be of no further force and effect, except that the Grantors, the Collateral Agent and the Secured Parties agree that (i) Liens created under the Existing Pledge and Security Agreement Borrowers shall continue to exist under be jointly and be evidenced by this Agreement, severally liable for the Obligations (ii) the Existing Pledge and Security Agreement shall continue to evidence the representations and warranties made by the Grantors prior to the Closing Date, and (iii) the Existing Pledge and Security Agreement shall continue to evidence any action or omission performed or required to be performed which obligations pursuant to the Existing Pledge Financing Agreements shall be deemed incorporated into, a part of, and Security Agreement prior to the Closing Date (including any failureamended, prior to the Closing Date, to comply with the covenants contained restated and allocated as provided in the Existing Pledge and Security AgreementSection 14.4(b) hereof). The amendments amendment and restatements set forth restatement contained herein shall not cure any breach thereof or any “Default” or “Event of Default” under and as defined in the Existing Credit Agreement existing prior to the Closing Date. This Agreement is not not, in any way intended manner, be construed to constitute a novation (i) payment of the Indebtedness and other obligations and liabilities existing of Borrowers evidenced by or arising under the Existing Pledge Financing Agreements (all of which Indebtedness and Security Agreementother obligations and liabilities shall be deemed incorporated into, a part of, and amended, restated and allocated as provided in Section 14.4(b) hereof) or (ii) a release, termination or impairment of the liens and security interests securing such Indebtedness and other obligations and liabilities, all of which liens and security interests shall be deemed to secure the Obligations and shall be assigned to Agent for the benefit of Lenders. (b) The terms and conditions principal amount of this Agreement the revolving loans, the amount of the letters of credit (including all "Credits" as defined in the Existing Financing Agreements) and the Collateral Agent’s and the Secured Parties’ rights and remedies under this Agreement and the other Loan Documents shall apply to all principal amount of term loans outstanding as of the Obligations incurred date hereof under the Existing Credit Agreement Financing Agreements as amended and restated by the Credit Agreement. (c) On and after the Closing Date, (i) all references to the Existing Pledge and Security Agreement (or to any amendment or any amendment and restatement thereof) set forth in the Loan Documents (other than this Agreement) Section 14.1 above shall be deemed to refer to the Existing Pledge Loans, Letter of Credit Accommodations and Security Term Loans made under Sections 2.1, 2.2 and 2.3 of this Agreement, respectively, in such amounts as amended set forth in Section 14.1 above for revolving loans, letters of credit and restated hereby, (ii) all references to any section (or subsection) of the Existing Pledge term loans and Security Agreement or in any Loan Document (but not herein) shall be amended allocated Pro-Rata to become, mutatis mutandis, references to the corresponding provisions of this Agreement and (iii) except as the context otherwise provides, on or after the Closing Date, all references to this Agreement herein (including for purposes of indemnification and reimbursement of fees) shall be deemed to be references to the Existing Pledge and Security Agreement, as amended and restated herebyLenders in accordance with their Commitment. (d) This amendment and restatement is limited as written and is not a consent to any other amendment, restatement or waiver, whether or not similar and, except as expressly provided herein or in any other Loan Document, all terms and conditions of the Loan Documents remain in full force and effect unless specifically amended hereby or by any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

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