SURVIVAL OF RIGHTS CREATED UNDER EXISTING CREDIT AGREEMENT Sample Clauses

SURVIVAL OF RIGHTS CREATED UNDER EXISTING CREDIT AGREEMENT. Notwithstanding the modification or deletion of certain representations and warranties of Company contained in the Existing Credit Agreement (including, without limitation, the deletion of representations and warranties as to the future consequences of certain events which occurred prior to the date of this Agreement), Company acknowledges and agrees that any choses in action or other rights created in favor of any Lender and their respective successors and assigns arising out of the representations and warranties of Company contained in or delivered (including representations and warranties delivered in connection with the making of loans thereunder) in connection with the Existing Credit Agreement, shall survive the execution and delivery of this Agreement. Company and Lenders acknowledge that certain representations and warranties made by Company under the Existing Credit Agreement (including representations and warranties as to the future consequences of certain events which occurred prior to the date of this Agreement) were made subject to changes in the facts and conditions on which such representations and warranties were based, which such changes were permitted or required under the Existing Credit Agreement or this Agreement and any such representations and warranties incorporated herein are so incorporated subject to such changes permitted or required under the Existing Credit Agreement or this Agreement.
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SURVIVAL OF RIGHTS CREATED UNDER EXISTING CREDIT AGREEMENT. Notwithstanding the modification effected by this Agreement of the representations, warranties and covenants of the Borrower contained in the Existing Credit Agreement, the Borrower hereby acknowledges and agrees that any choses in action or other rights created in favor of the Existing Banks and the Agent (as defined in the Existing Credit Agreement) and their respective successors and assigns, if any, arising out of the representations and warranties of the Borrower contained in or delivered (including representations and warranties delivered in connection with the making of any loans thereunder) in connection with the Existing Credit Agreement, including all amendments and waivers relating thereto, shall survive the execution and delivery of this Agreement.
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SURVIVAL OF RIGHTS CREATED UNDER EXISTING CREDIT AGREEMENT. Notwithstanding the modification effected by this Agreement of the representations, warranties and covenants of Holding and Borrower contained in the Existing Credit Agreement, each of Holding and Borrower acknowledges and agrees that any choses in action or other rights created in favor of any Agent or Lender and their respective successors arising out of the representations and warranties of Holding and Borrower contained in or delivered (including representations and warranties delivered in connection with the making of Loans or other extensions of credit thereunder) in connection with the Existing Credit Agreement, shall survive the execution and delivery of this Agreement; provided that it is understood and agreed that Borrower's monetary obligations under the Existing Credit Agreement in respect of the loans thereunder are evidenced by this Agreement as provided in Section 2 hereof.
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SURVIVAL OF RIGHTS CREATED UNDER EXISTING CREDIT AGREEMENT. Notwithstanding the modification effected by this Agreement of the representations, warranties and covenants of the Borrower contained in the Existing Credit Agreement, the Borrower hereby acknowledges and agrees that any choses in action or other rights created in favor of the Existing
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SURVIVAL OF RIGHTS CREATED UNDER EXISTING CREDIT AGREEMENT. Notwithstanding the modification or deletion of certain representations and warranties of Company contained in the Original Credit Agreement, the First Restated Credit Agreement, and the Existing Credit Agreement (including, without limitation, the deletion of representations and warranties as to the future consequences of certain events which occurred prior to the date of this Agreement), Company acknowledges and agrees that any choses in action or other rights created in favor of any Lender and their respective successors and assigns arising out of the representations and warranties of Company contained in or delivered (including representations and warranties delivered in connection with the making of loans thereunder) in connection with the Original Credit Agreement, the First Restated Credit Agreement or the Existing Credit Agreement shall survive the execution and delivery of this Agreement. Company 138 147 and Lenders acknowledge that certain representations and warranties made by Company under the Original Credit Agreement, the First Restated Credit Agreement and the Existing Credit Agreement (including representations and warranties as to the future consequences of certain events which occurred prior to the date of this Agreement) were made subject to changes in the facts and conditions on which such representations and warranties were based, which such changes were permitted or required under the Original Credit Agreement, the First Restated Credit Agreement, the Existing Credit Agreement or this Agreement and any such representations and warranties incorporated herein are so incorporated subject to such changes permitted or required under the Original Credit Agreement, the First Restated Credit Agreement, the Existing Credit Agreement or this Agreement.
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Related to SURVIVAL OF RIGHTS CREATED UNDER EXISTING CREDIT AGREEMENT

  • Termination of Existing Credit Agreement Receipt by the Administrative Agent of evidence that the Existing Credit Agreement concurrently with the Closing Date is being terminated and all Liens securing obligations under the Existing Credit Agreement concurrently with the Closing Date are being released.

  • Termination of Existing Credit Agreements The Company and each of the Banks that is also a "Bank" party to the Existing Credit Agreements agrees that the "Commitments" as defined in the Existing Credit Agreements shall be terminated in their entirety on the Effective Date. Each of such Banks waives (a) any requirement of notice of such termination pursuant to Section 2.09 of the Existing Credit Agreements and (b) any claim to any facility fees or other fees under the Existing Credit Agreements for any day on or after the Effective Date. Each of the Company and the Borrower (i) represents and warrants that (x) after giving effect to the preceding sentences of this Section 10.07, the commitments under the Existing Credit Agreements will be terminated effective not later than the Effective Date, (y) no loans are, as of the date hereof, or will be, as of the Effective Date, outstanding under the Existing Credit Agreements and (ii) covenants that all accrued and unpaid facility fees and any other amounts due and payable under the Existing Credit Agreements shall have been paid on or prior to the Effective Date.

  • Amendment to Existing Credit Agreement Subject to the occurrence of the Second Amendment Effective Date (as hereinafter defined), the Existing Credit Agreement is amended in accordance with this Article II.

  • Loan Document Pursuant to Existing Credit Agreement This Amendment is a Loan Document executed pursuant to the Existing Credit Agreement and shall (unless otherwise expressly indicated therein) be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement, as amended hereby, including Article IX thereof.

  • Amendment to Credit Agreement The Credit Agreement is hereby amended as follows:

  • Amendment and Restatement of Existing Credit Agreement Upon the execution and delivery of this Agreement, the Existing Credit Agreement shall be amended and restated to read in its entirety as set forth herein. With effect from and including the Effective Date, (i) the Commitments of each Lender party hereto shall be as set forth on Appendix A (and (a) to the extent that such Lender constitutes a lender under the Existing Credit Agreement (a “Consenting Lender”), such Consenting Lender’s commitment thereunder shall be terminated and replaced with its respective Commitment hereunder and (b) any lender under the Existing Credit Agreement that is not listed on Appendix A shall cease to be a Lender hereunder and its commitment thereunder shall be terminated; provided that, for the avoidance of doubt, such lender under the Existing Credit Agreement shall continue to be entitled to the benefits of Section 9.03 of the Existing Credit Agreement), (ii) all accrued and unpaid interest and fees and other amounts owing under the Existing Credit Agreement shall have been paid by the Borrower under the Existing Credit Agreement, whether or not such interest, fees or other amounts would otherwise be due and payable at such time pursuant to the Existing Credit Agreement, (iii) the Commitment Ratio of the Consenting Lenders shall be redetermined based on the Commitments set forth in the Appendix A and the participations of the Consenting Lenders in, and the obligations of the Consenting Lenders in respect of, any Letters of Credit or Swingline Loans outstanding on the Effective Date shall be reallocated to reflect such redetermined Commitment Ratio and (iv) each JLA Issuing Bank shall have the Fronting Sublimit set forth in Appendix B. Section 9.18

  • Loan Document Pursuant to Credit Agreement This Amendment is a Loan Document executed pursuant to the Credit Agreement and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement (and, following the date hereof, the Amended Credit Agreement). Any breach of any representation or warranty or covenant or agreement contained in this Amendment shall be deemed to be an immediate Event of Default for all purposes of the Credit Agreement and the other Loan Documents.

  • Reference to and Effect Upon the Credit Agreement (a) Except as specifically amended above, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed.

  • Amendment of the Existing Credit Agreement In consideration of the mutual covenants in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree that, subject to the satisfaction of the conditions precedent set forth in clause 3.1, the Existing Credit Agreement shall, with effect on and from the Amendment Effective Date, be (and it is hereby) amended in accordance with the amendments set out in Schedule 3 and (as so amended) will continue to be binding upon each of the Borrower and the Finance Parties in accordance with its terms as so amended.

  • to Credit Agreement COLLATERAL REPORTS Borrower shall deliver or cause to be delivered the following:

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