Examples of Existing Contribution Agreement in a sentence
Each of the Existing Credit Agreement, the Existing Contribution Agreement, the Existing Intercreditor Agreement, the Existing Pledge Agreement, the Existing Security Agreement and the Existing Subsidiary Guaranty shall have been cancelled or terminated in accordance with its respective terms, any promissory notes issued thereunder shall have been cancelled or returned to the Borrower, and the Administrative Agent shall have received written evidence thereof.
This Agreement constitutes an amendment and restatement of the Existing Contribution Agreement and is not, and is not intended by the parties to be, a novation of the Existing Contribution Agreement.
All references in the other Loan Documents to the Existing Contribution Agreement shall be deemed to refer to and mean this Amended and Restated Contribution Agreement, as the same may be further amended, supplemented and restated from time to time.
Each of the Existing Credit Agreement, the Existing Contribution Agreement, and the Existing Subsidiary Guaranty shall have been cancelled or terminated in accordance with its respective terms, any promissory notes issued thereunder shall have been cancelled or returned to the Borrower, all outstanding Loans and L/C Obligations shall have been repaid or reimbursed, and the Termination Agreement shall have been duly executed and delivered to the Administrative Agent.
All rights and obligations of the parties under the Existing Contribution Agreement as of the date hereof shall continue in full force and effect, except as may be expressly set forth herein.
Upon the occurrence of Effective Date and the consummation of the Initial Investment, the Existing Contribution Agreement is hereby terminated and of no further force or effect.
The provisions of Articles 6 (Notices), 7 (Amendments), 8 (Miscellaneous), 9 (Applicable Law) and 10 (Dispute settlement), of the Existing Contribution Agreement shall be incorporated into this Amendment Agreement as if set out in full herein and as if references therein to “the agreement” and like terms are references to this Amendment Agreement.
This is a one-time waiver, and the Administrative Agent and the Lenders shall have no obligation to extend the limited waiver or otherwise amend, modify or waive any provision of the Existing Credit Agreement, the Amended Servicing Agreement, the Existing Contribution Agreement or the other Loan Documents at the end of the Waiver Period.
The Parties hereto agree that with effect from and including the date of entry into force of this Amendment Agreement, the Existing Contribution Agreement is modified and amended by the amendments hereunder so that the rights and obligations of the Parties under the Existing Contribution Agreement shall be governed by, and construed in accordance with, the terms of the Amended Contribution Agreement.
This Contribution Agreement shall, as of the date hereof, amend and restate the Existing Contribution Agreement in its entirety and the rights and obligations of the parties evidenced by the Existing Contribution Agreement shall be evidenced by this Contribution Agreement.