Common use of Same Indebtedness; Other References Clause in Contracts

Same Indebtedness; Other References. (a) This Agreement and the other Loan Documents shall not be deemed to provide for or effect a novation or repayment and re-advance of any portion of the Existing Revolving Loans or re-issuance of the Existing Secured Letters of Credit now outstanding, it being the intention of the Borrower, the Lenders and the Letter of Credit Issuer hereby that the Debt owing under this Agreement be and hereby is the same Debt as that owing under the Existing Credit Agreement immediately prior to the effectiveness hereof; provided that, on the Restatement Effective Date, the Administrative Agent shall, with the cooperation of the Lenders, cause the amounts of the commitments under the Existing Credit Agreement and of Existing Revolving Loans to be, as applicable, re-allocated among the Lenders in accordance with their respective Unsecured Facility Commitments established pursuant to this Agreement. Without limiting the generality of the foregoing, to the extent, if any, not paid prior to the effectiveness of this Agreement, all accrued interest and fees owing as of the Restatement Effective Date under and pursuant to the Existing Credit Agreement shall be due and payable in full on the date on which they would have been due and payable pursuant the Existing Credit Agreement. (b) Upon the effectiveness of this Agreement as provided in Article 4 hereof, the Existing Credit Agreement shall be deemed to have been amended and restated in its entirety and superseded by this Agreement, and any references in any Security Document or any other Loan Document to the Existing Credit Agreement shall be deemed to refer to this Agreement; provided that any references in any Security Document or any other Loan Document to the “Effective Date” shall be deemed to refer to the Restatement Effective Date.

Same Indebtedness; Other References. (a) 1.7.1. This Agreement and the other Loan Documents shall not be deemed to provide for or effect a novation or repayment and re-advance of any portion of the Existing Revolving Loans or re-issuance of the Existing Secured Letters of Credit now outstandingoutstanding (other than as expressly provided with respect to the pay-off of the Departing Lenders), it being the intention of the BorrowerBorrowers, the Guarantors, the Lenders and the Letter of Credit Issuer Issuing Lender hereby that the Debt Indebtedness owing under this Agreement be and hereby is the same Debt Indebtedness as that owing under the Existing Credit Agreement immediately prior to the effectiveness hereof; provided that, on the Restatement Effective Closing Date, the Administrative Agent shall, with the cooperation of the Lenders, cause the amounts of the commitments Revolving Credit Commitments under the Existing Credit Agreement and of the Existing Revolving Credit Loans to be, as applicable, re-allocated among the Lenders in accordance with their respective Unsecured Facility Revolving Credit Commitments established pursuant to this AgreementAgreement or, in the case of the Departing Lenders, repaid as hereinafter provided. Without limiting the generality of the foregoing, to the extent, if any, not paid prior to the effectiveness of this Agreement, all accrued interest and fees owing as of the Restatement Effective Date under and pursuant to the Existing Credit Agreement shall be due and payable in full on the date on which they would have been due and payable pursuant the Existing Credit Agreement. (b) 1. 1097380671\10\AMERICAS 1.7.2. Upon the effectiveness of this Agreement as provided in Article 4 Section 7.1.1 [Deliveries] hereof, the Existing Credit Agreement shall be deemed to have been amended and restated in its entirety and superseded by this Agreement, and any references in any Security Document or any other Loan Document to the Existing Credit Agreement shall be deemed to refer to this Agreement; provided that any references in any Security Document or any other Loan Document to the “Effective Date” shall be deemed to refer to the Restatement Effective Date.

Same Indebtedness; Other References. (a) 1.7.1. This Agreement and the other Loan Documents shall not be deemed to provide for or effect a novation or repayment and re-advance of any portion of the Existing Revolving Loans or re-issuance of the Existing Secured Letters of Credit now outstandingoutstanding (other than as expressly provided with respect to the pay-off of the Departing Lenders), it being the intention of the BorrowerBorrowers, the Guarantors, the Lenders and the Letter of Credit Issuer Issuing Lender hereby that the Debt Indebtedness owing under this Agreement be and hereby is the same Debt Indebtedness as that owing under the Existing Credit Agreement immediately prior to the effectiveness hereof; provided that, on the Restatement Effective Closing Date, the Administrative Agent shall, with the cooperation of the Lenders, cause the amounts of the commitments Revolving Credit Commitments under the Existing Credit Agreement and of the Existing Revolving Credit Loans to be, as applicable, re-allocated among the Lenders in accordance with their respective Unsecured Facility Revolving Credit Commitments established pursuant to this AgreementAgreement or, in the case of the Departing Lenders, repaid as hereinafter provided. Without limiting the generality of the foregoing, to the extent, if any, not paid prior to the effectiveness of this Agreement, all accrued interest and fees owing as of the Restatement Effective Date under and pursuant to the Existing Credit Agreement shall be due and payable in full on the date on which they would have been due and payable pursuant the Existing Credit Agreement. (b) 1.7.2. Upon the effectiveness of this Agreement as provided in Article 4 Section 7.1.1 [Deliveries] hereof, the Existing Credit Agreement shall be deemed to have been amended and restated in its entirety and superseded by this Agreement, and any references in any Security Document or any other Loan Document to the Existing Credit Agreement shall be deemed to refer to this Agreement; provided that any references in any Security Document or any other Loan Document to the “Effective Date” shall be deemed to refer to the Restatement Effective Date.

Same Indebtedness; Other References. (a) This Agreement and the other Loan Documents shall not be deemed to provide for or effect a novation or repayment and re-advance of any portion of the Existing Revolving Loans or re-issuance of the Existing Secured Letters of Credit now outstandingoutstanding (other than as expressly provided with respect to the pay-off of the Departing Lender), it being the intention of the Borrower, the Lenders and the Letter of Credit Issuer hereby that the Debt owing under this Agreement be and hereby is the same Debt as that owing under the Existing Credit Agreement immediately prior to the effectiveness hereof; provided that, on the Restatement Effective Date, the Administrative Agent shall, with the cooperation of the Lenders, cause the amounts of the commitments under the Existing Credit Agreement and of Existing Revolving Loans to be, as applicable, re-allocated among the Lenders in accordance with their respective Unsecured Facility Commitments established pursuant to this AgreementAgreement or, in the case of the Departing Lender, repaid. Without limiting the generality of the foregoing, to the extent, if any, not paid prior to the effectiveness of this Agreement, all accrued interest and fees owing as of the Restatement Effective Date under and pursuant to the Existing Credit Agreement shall be due and payable in full on the date on which they would have been due and payable pursuant the Existing Credit Agreement. (b) Upon the effectiveness of this Agreement as provided in Article 4 hereof, the Existing Credit Agreement shall be deemed to have been amended and restated in its entirety and superseded by this Agreement, and any references in any Security Document or any other Loan Document to the Existing Credit Agreement shall be deemed to refer to this Agreement; provided that any references in any Security Document or any other Loan Document to the “Effective Date” shall be deemed to refer to the Restatement Effective Date.

Same Indebtedness; Other References. (a) This Agreement and the other Loan Documents shall not be deemed to provide for or effect a novation or repayment and re-advance of any portion of the Existing Revolving Loans or re-issuance of the Existing Secured Letters of Credit now outstanding, it being the intention of the Borrower, the Lenders Guarantor, and the Letter of Credit Issuer Lenders hereby that the Debt owing under this Agreement be and hereby is the same Debt as that owing under the Existing Credit Original Loan Agreement immediately prior to the effectiveness hereof; provided that, on the Restatement Effective Date, the Administrative Agent shall, with the cooperation of the Lenders, cause the amounts of the commitments PNC’s commitment under the Existing Credit Agreement and Original Loan Agreement, the principal of Existing Revolving Loans and participation in exposure for the Existing Letters of Credit to bebe re-allocated (including purchase at par, as applicable, re-allocated ) among the Lenders in accordance with their respective Unsecured Facility Commitments established pursuant to this Agreement. Without limiting the generality of the foregoing, to the extent, if any, not paid prior to the effectiveness of this Agreement, all accrued interest and fees owing as of the Restatement Effective Date under and pursuant to the Existing Credit Original Loan Agreement shall be due and payable in full on the date on which they would have been due and payable pursuant the Existing Credit Original Loan Agreement. (ba) Upon the effectiveness of this Agreement as provided in Article 4 IV hereof, the Existing Credit Original Loan Agreement shall be deemed to have been amended amended, restated and restated replaced in its entirety and superseded by this Agreement, ; and any references in any Security Document or any other Loan Document to the Existing Credit Original Loan Agreement shall be deemed to refer to this Agreement; provided that any references in any Security Document or any other Loan Document to the “Effective Date” shall be deemed to refer to the Restatement Effective Date.