Common use of Effect of Amendment and Restatement of the Existing Credit Agreement Clause in Contracts

Effect of Amendment and Restatement of the Existing Credit Agreement. On the Amendment/Restatement Effective Date, the Existing Credit Agreement shall be amended and restated in its entirety. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination of the “Obligations” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Amendment/Restatement Effective Date and which remain outstanding, (b) such “Obligations” are in all respects continuing (as amended and restated hereby), (c) the Liens and security interests as granted under the Security Documents securing payment of such “Obligations” are in all respects continuing and in full force and effect and (d) references in the Security Documents to the “Credit Agreement” shall be deemed to be references to this Agreement, and to the extent necessary to effect the foregoing, each such Security Document is hereby deemed amended accordingly.

Effect of Amendment and Restatement of the Existing Credit Agreement. On the Amendment/Amendment and Restatement Effective Date, the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether Documents executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination of the “"Obligations” " (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Amendment/Amendment and Restatement Effective Date and which remain outstanding, Date; (b) such “"Obligations” " are in all respects continuing (as amended and restated hereby), ) with only the terms thereof being modified as provided in this Agreement; and (c) the Liens and security interests as granted under the Security Documents securing payment of such “"Obligations” " are in all respects continuing and in full force and effect and (d) references in secure the Security Documents to payment of the “Credit Agreement” shall be deemed to be references to this Agreement, and to the extent necessary to effect the foregoing, each such Security Document is hereby deemed amended accordinglyObligations.

Effect of Amendment and Restatement of the Existing Credit Agreement. (a) On the Amendment/Third Amendment and Restatement Effective Date, the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety. The parties hereto acknowledge and agree that (ai) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination of the “"Obligations” " (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Amendment/Amendment and Restatement Effective Date and which remain outstanding, Date; (bii) such “"Obligations” " are in all respects continuing (as amended and restated hereby), ; (ciii) the Liens and security interests as granted under the Security Documents securing payment of such “"Obligations” " are in all respects continuing and in full force and effect and effect; (div) references in the Security Documents to the “"Credit Agreement” " shall be deemed to be references to this Agreement, and to the extent necessary to effect the foregoing, each such Security Document is hereby deemed amended accordingly.; and

Effect of Amendment and Restatement of the Existing Credit Agreement. On the Amendment/Amendment and Restatement Effective Date, the Existing Credit Agreement shall be amended and restated in its entirety. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination of the “"Obligations” " (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Amendment/Amendment and Restatement Effective Date and which remain outstanding, ; (b) such “"Obligations” " are in all respects continuing (as amended and restated hereby), ; (c) the Liens and security interests as granted under the Security Documents securing payment of such “"Obligations” " are in all respects continuing and in full force and effect effect; and (d) references in the Security Documents to the “"Credit Agreement” " shall be deemed to be references to this Agreement, and to the extent necessary to effect the foregoing, each such Security Document is hereby deemed amended accordingly.. 102

Effect of Amendment and Restatement of the Existing Credit Agreement. On the Amendment/Restatement Effective Date, the Existing Credit Agreement shall be amended and restated in its entiretyentirety by this Agreement. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, novation or termination of the “Obligations” (as defined in obligations for principal, interest or fees of the Existing Credit Agreement) Borrower under the Existing Credit Agreement as in effect on the Restatement Effective Date immediately prior to the Amendment/effectiveness of this Agreement and which remain outstanding; and (b) except for any of the Borrower’s obligations under the Existing Credit Agreement which are expressly contemplated to be repaid on the Restatement Effective Date and which remain outstanding, (b) such “Obligations” to the extent are in all respects continuing fact so repaid, the obligations of the Borrower under the Existing Credit Agreement (as amended and restated hereby), (chereby and which are on and after the date hereof subject to the terms herein) the Liens and security interests as granted under the Security Documents securing payment of such “Obligations” are in all respects continuing continuing, and in full force and effect and (d) references shall continue to be secured as provided in the Security Documents to the “Credit Agreement” shall be deemed to be references to this Agreement, and to the extent necessary to effect the foregoing, each such Security Document is hereby deemed amended accordinglyDocuments.

Effect of Amendment and Restatement of the Existing Credit Agreement. On the Amendment/Amendment and Restatement Effective Date, the Existing Credit Agreement shall be amended and restated in its entirety. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination of the “Obligations” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Amendment/Amendment and Restatement Effective Date and which remain outstanding, ; (b) such “Obligations” are in all respects continuing (as amended and restated hereby), ; (c) the Liens and security interests as granted under the Security Documents securing payment of such “Obligations” are in all respects continuing and in full force and effect effect; and (d) references in the Security Documents to the “Credit Agreement” shall be deemed to be references to this Agreement, and to the extent necessary to effect the foregoing, each such Security Document is hereby deemed amended accordingly.