Amended and Restated Agreement Clause Samples

Amended and Restated Agreement. (a) This Agreement, effective as of the Restatement Date, is an amendment and restatement of the Original Credit Agreement, it being acknowledged and agreed that as of the Restatement Effective Date all obligations outstanding under or in connection with the Original Credit Agreement and any of the other Loan Documents (such obligations, collectively, the “Existing Obligations”) constitute obligations under this Agreement. This Agreement is in no way intended to constitute a novation of the Original Credit Agreement or the Existing Obligations. With respect to (i) any date or time period occurring and ending prior to the Restatement Effective Date, the Original Credit Agreement and the other Loan Documents shall govern the respective rights and obligations of any party or parties hereto also party thereto and shall for such purposes remain in full force and effect; and (ii) any date or time period occurring or ending on or after the Restatement Effective Date, the rights and obligations of the parties hereto shall be governed by this Agreement (including, without limitation, the exhibits and schedules hereto) and the other Loan Documents. From and after the Restatement Date, any reference to the Original Credit Agreement in any of the other Loan Documents executed or issued by and/or delivered to any one or more parties hereto pursuant to or in connection therewith shall be deemed to be a reference to this Agreement, and the provisions of this Agreement shall prevail in the event of any conflict or inconsistency between such provisions and those of the Original Credit Agreement. (b) Without limiting the generality of Section 11.21(a), the parties agree that: (i) all Existing Obligations outstanding as at the Restatement Date shall, as of the Fourth Amended and Restated Effective Date, be deemed to be obligations outstanding hereunder and subject to the terms of this Agreement, and (ii) each of the other Loan Documents (other than the Original Credit Agreement) is hereby ratified and confirmed in all respects and shall continue in full force and effect, unamended, except that (A) any references therein to the Original Credit Agreement shall be deemed to refer to this Agreement, and (B) any security granted or guarantee given pursuant to or in connection with the Original Credit Agreement and the other Loan Documents (collectively, the “Existing Security”) shall continue to secure or guarantee, as applicable, the obligations of the Borrowers arising pursuant...

Amended and Restated Agreement. This Agreement amends, restates supercedes and replaces in its entirety the Existing Loan Agreement. As a condition to the effectiveness hereof, the Borrowers, on behalf of their respective Funds, shall have paid to the Bank the aggregate principal amount of all loans, and all accrued and unpaid interest, if any, outstanding under the Existing Loan Agreement through the date hereof. If the foregoing satisfactorily sets forth the terms and conditions of the Committed Line, please execute and return to the undersigned each of the Loan Documents and such other documents and agreements as the Bank may request. We are pleased to provide the Committed Line hereunder and look forward to the ongoing development of our relationship. Sincerely, STATE STREET BANK AND TRUST COMPANY, as Bank By: Name: Title: Acknowledged and Accepted: CREDIT SUISSE COMMODITY STRATEGY FUNDS, on behalf of its fund series as listed in Appendix I attached hereto Name: Title: CREDIT SUISSE OPPORTUNITY FUNDS, on behalf of its fund series as listed in Appendix I attached hereto Name: Title: CREDIT SUISSE TRUST, on behalf of its fund series as listed in Appendix I attached hereto Name: Title: Acknowledged: STATE STREET BANK AND TRUST COMPANY, as Custodian CREDIT SUISSE COMMODITY STRATEGY FUNDS, on behalf of: Credit Suisse Commodity Return Strategy Fund SSB1 20 % CREDIT SUISSE OPPORTUNITY FUNDS, on behalf of: Credit Suisse Floating Rate High Income Fund SSB 20 % Credit Suisse Managed Futures Strategy Fund SSB 20 % Credit Suisse Multialternative Strategy Fund SSB 25 % Credit Suisse Strategic Income Fund SSB 20 % CREDIT SUISSE TRUST, on behalf of: Commodity Return Strategy Portfolio SSB 20 % ▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Bank and Trust Company as custodian.l $250,000,000.00 [Date] For value received, each of the undersigned hereby severally promises to pay to State Street Bank and Trust Company (the “Bank”), or order, at the office of the Bank at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ in immediately available United States dollars, the principal amount of TWO HUNDRED AND FIFTY MILLION AND 00/100 DOLLARS ($250,000,000.00), or such lesser original principal amount as shall be outstanding hereunder and not have been prepaid as provided herein, together with interest thereon as provided below. Each Loan shall be payable upon the earliest to occur of (a) the Expiration Date, (b) 60 calendar days following the date on which such Loan is made, or (c) the date on which such Loan otherwise becomes due and payab...

Amended and Restated Agreement. This Agreement restates and amends the Prior Agreement between the Company and the Executive. As of the Effective Date of this Agreement, the Prior Agreement, including all modifications and amendments thereto, whether in writing or otherwise, is amended and restated in its entirety by this Agreement.

Amended and Restated Agreement. This Agreement amends and restates, in its entirety, and replaces, the Prior Loan Agreement. This Agreement is not intended to, and does not, novate the Prior Loan Agreement and Borrower reaffirms that the existing security interests created by the Prior Loan Agreement are and remain in full force and effect. In addition, the amendment and restatement of the Prior Loan Agreement pursuant to this Agreement is not intended to amend the existing terms of any other Loan Document delivered in connection with the Prior Loan Agreement nor to terminate any such Loan Document, and no amendment or termination of any such Loan Document shall be deemed to have occurred unless set forth in a separate agreement or other document between Borrower and Bank.

Amended and Restated Agreement. This Agreement amends, restates, and replaces in its entirety any prior Change in Control Severance Agreement between you and the Corporation and/or the Bank, including any and all subsequent amendment(s) thereto. All such prior agreements or arrangements relating to severance payments upon a Change in Control are without any further effect and are hereby rescinded.

Amended and Restated Agreement. This Agreement amends, restates and replaces in its entirety the Employment Agreement.

Amended and Restated Agreement. This Agreement amends and restates the Original Agreement and supersedes and replaces the Original Agreement in its entirety.

Amended and Restated Agreement. This Agreement amends and restates the Original Agreement in its entirety and the terms of the Original Agreement are hereby terminated.

Amended and Restated Agreement. The parties hereto hereby acknowledge and agree that this Agreement shall be deemed to have amended and restated the Original Escrow Agreement in its entirety as of the date hereof.