Examples of First Amended and Restated Loan Agreement in a sentence
The Bank and the Borrower entered into a First Amended and Restated Loan Agreement dated as of October 31, 2001, as amended (the “Loan Agreement”), providing for revolving loans by the Bank to the Borrower and for various term loans by the Bank to the Borrower.
Except as expressly set forth herein, nothing contained in this First Modification shall be construed to amend, modify, alter, change or supersede the terms and provisions of the First Amended and Restated Loan Agreement or any of the other Loan Documents.
In the event of any conflict between the terms hereof and the terms of the First Amended and Restated Loan Agreement, the terms of the First Amended and Restated Loan Agreement shall govern.
The provisions of Section 9.4 of the First Amended and Restated Loan Agreement are hereby incorporated by reference into this First Modification to the same extent and with the same force as if fully set forth herein.
Borrowers, Agent and various lenders amended and restated the First Amended and Restated Loan Agreement in its entirety and entered into that certain Second Amended and Restated Loan and Security Agreement, dated as of September 26, 2012 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Second Amended and Restated Loan Agreement”) and certain other loan documents relating to the same.
This First Modification shall be governed in accordance with the terms and provisions of Section 10.3 of the First Amended and Restated Loan Agreement.
The covenants, conditions and agreements contained in this First Modification shall be binding upon, and shall inure to the benefit of, Lender and Guarantors and their respective successors and assigns; provided, however, that no Guarantor shall assign this First Modification except as expressly permitted under the Original Guaranties and the First Amended and Restated Loan Agreement, and any assignment made otherwise shall be void.
All references to the “Loan Agreement” shall mean the First Amended and Restated Loan Agreement as defined herein.
This Fifth Amendment to First Amended and Restated Loan Agreement and Omnibus Amendment to Loan Documents is dated as of the date first written above.
Xxxxxx Xxxxxx Title: Managing Partner [Signatures to Fifth Amendment to First Amended and Restated Loan Agreement and Omnibus Amendment to Loan Documents] XXXXXXX MEZZANINE PARTNERS III, L.P. By: HMP III GP, LLC,Its General Partner By: Xxxxxxx Mezzanine Partners III GP, LLC,its Sole Manager By: Xxxxxxx Mezzanine Manager III, Inc.,its Sole Manager By: /s/ Xxxx X.