Common use of Amendment and Restatement of the Original Clause in Contracts

Amendment and Restatement of the Original. ABL Agreement and the First Amended and Restated ABL Credit Agreement. (a) This Agreement does not extinguish the obligations for the payment of money outstanding under the Original ABL Credit Agreement or the First Amended and Restated ABL Credit Agreement or discharge or release the obligations under the Original ABL Credit Agreement or the First Amended and Restated ABL Credit Agreement. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Original ABL Credit Agreement or the First Amended and Restated ABL Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Loan Parties under the Original ABL Credit Agreement or the First Amended and Restated ABL Credit Agreement from any of its obligations and liabilities thereunder, as modified hereby. Each Loan Party hereby confirms and agrees that, except as modified or amended and restated hereby or by a Loan Document or other instruments executed concurrently herewith, each “Loan Document” (as defined in the Original ABL Credit Agreement) to which it is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects except that on and after the Second Restatement Effective Date all references in any such Loan Document to the “Agreement,” “thereto,” “thereof,” “thereunder” or words of like import referring to the Original ABL Credit Agreement or the First Amended and Restated ABL Agreement shall mean this Agreement. (b) Each Loan Party (a) consents to the amendment and restatement of the First Amended and Restated ABL Credit Agreement by this Agreement; (b) acknowledges and agrees that its obligations under each of the “Loan Documents” (as defined in each of the Original ABL Credit Agreement and First Amended and Restated Credit Agreement) owing to each lender thereunder that is also a Lender hereunder shall be in respect of the obligations of the Borrowers under this Agreement and the other Loan Documents; (c) reaffirms all of its obligations under each “Loan Document” (as defined in each of the Original ABL Credit Agreement and First Amended and Restated Credit Agreement) and each other Loan Document and all other Obligations, reaffirms its grants of Liens on the Collateral to secure the Obligations and with respect to each of the Guarantors, its guarantee of the Obligations; and (d) agrees that, except as expressly amended, restated or modified hereby or by any Loan Document or other instrument executed concurrently herewith, each of the “Loan Documents” (as defined in each of the Original ABL Credit Agreement and First Amended and Restated Credit Agreement) to which it is a party is and shall remain in full force and effect. Each Loan Party hereby expressly acknowledges that the amendment and restatement of the First Amended and Restated ABL Credit Agreement by this Agreement does not (i) impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document, and such Liens continue unimpaired with the same priority to secure repayment of all Obligations, whether heretofore or hereafter incurred; or (ii) require that any new filings be made or other action taken to perfect or to maintain the perfection of such Liens, except as set forth in Sections 6.11 and 6.