Common use of Effect of Amendment and Restatement Clause in Contracts

Effect of Amendment and Restatement. Upon the execution and delivery of this Agreement, the “Obligations”, under and as defined in the Original Loan Agreement, obligations and other liabilities (including, without limitation, interest, fees and out-of-pocket expenses accrued to the date hereof) governed by the Original Loan Agreement (collectively, the “Original Obligations”) shall continue to be in full force and effect, but shall be governed by the terms and conditions set forth in this Agreement and shall be deemed to be U.S. Facility Obligations hereunder. The Original Obligations, together with any and all additional U.S. Facility Obligations incurred by U.S. Facility Obligors hereunder or under any of the other Loan Documents, shall continue to be secured by all of the U.S. Security Documents provided in connection with the Original Loan Agreement (and, from and after the date hereof, shall be secured by all of the U.S. Security Documents provided in connection with this Agreement, whether on the Closing Date or otherwise), all as more specifically set forth in this Agreement and the U.S. Security Documents. Each U.S. Facility Obligor hereby reaffirms its obligations under each Loan Document (as defined in the Original Loan Agreement, collectively, the “Original Loan Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Each Borrower agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement. The execution and delivery of this Agreement shall constitute an amendment, replacement and restatement, but not a novation or repayment, of the Original Obligations.

Effect of Amendment and Restatement. Upon the execution and delivery of this Agreement, the “Obligations”, under and as defined in the Original Loan AgreementDebt, obligations and other liabilities (including, without limitation, interest, interest and fees and out-of-pocket expenses accrued to the date hereof) governed by the Original Loan Credit Agreement (collectively, the “Original Obligations”) shall continue to be in full force and effect, but shall be governed by the terms and conditions set forth in this Agreement and shall be deemed to be U.S. Facility Obligations hereunderAgreement. The Original Obligations, together with any and all additional U.S. Facility Obligations incurred by U.S. Facility Obligors Borrowers hereunder or under any of the other Loan Documents, shall continue to be secured by all of the U.S. Security Documents pledges and grants of security interests provided in connection with the Original Loan Credit Agreement (and, from and after the date hereof, shall be secured by all of the U.S. Security Documents pledges and grants of security interests provided in connection with this Agreement, whether on the Closing Date or otherwise), all as more specifically set forth in this Agreement and the U.S. Security Collateral Documents. Each U.S. Facility Obligor Borrower hereby reaffirms its obligations under each Loan Document (as defined in the Original Loan Credit Agreement, collectively, the “Original Loan Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Each Borrower further agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement. The execution and delivery of this Agreement shall constitute an amendment, replacement amendment and restatement, but not a novation or repayment, of the Original Obligations.

Effect of Amendment and Restatement. Upon the execution and delivery of this Agreement, the “Obligations”, under and as defined in the Original Loan Agreement, obligations indebtedness and other liabilities (including, without limitation, interest, fees and out-of-pocket expenses accrued to the date hereof) of each Borrower previously governed by the Original Loan Agreement (collectively, the “Original Obligations”) shall continue to be in full force and effect, but shall be governed by the terms and conditions set forth in this Agreement and shall be deemed to be U.S. Facility Obligations hereunderAgreement. The Original ObligationsSuch liabilities, together with any and all additional U.S. Facility Obligations liabilities incurred by U.S. Facility Obligors each Borrower hereunder or under any of the other Loan Documents, shall continue to be secured by all of by, among other things, the U.S. Security Documents provided in connection with the Original Loan Agreement (and, from and after the date hereof, shall be secured by all of the U.S. Security Documents provided in connection with this AgreementCollateral, whether on the Closing Date now existing or otherwise)hereafter acquired and wheresoever located, all as more specifically set forth herein and in this Agreement and the U.S. Security Documents. Each U.S. Facility Obligor Borrower hereby reaffirms its obligations under each Loan Document (as defined obligations, liabilities, grants of security interests, pledges and the validity of all covenants by such Borrower contained in the Original Loan Agreement, collectively, the “Original Loan any and all Security Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Each Borrower agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement. The execution and delivery of this Agreement shall not constitute an amendment, replacement and restatement, but not a novation or repayment, repayment of the indebtedness outstanding under the Original ObligationsLoan Agreement. Each Borrower hereby acknowledges and agrees that any and all references in any Loan Documents to the Original Loan Agreement shall be deemed to be amended to refer to this Agreement. Each Borrower hereby reaffirms its obligations, liabilities and indebtedness arising under each of the Loan Documents existing on the date hereof, in each case after giving effect to the provisions of the preceding sentence.

Effect of Amendment and Restatement. Upon the execution and delivery of this Agreement, the “Obligations”, under and as defined in the Original Loan AgreementIndebtedness, obligations and other liabilities (including, without limitation, interest, interest and fees and out-of-pocket expenses accrued to the date hereof) governed by the Original Loan Credit Agreement (collectively, the “Original Obligations”) shall continue to be in full force and effect, but shall be governed by the terms and conditions set forth in this Agreement and shall be deemed to be U.S. Facility Obligations hereunderAgreement. The Original Obligations, together with any and all additional U.S. Facility Obligations incurred by U.S. Facility Obligors any Loan Party hereunder or under any of the other Loan Documents, shall continue to be secured by all of the U.S. Security Documents pledges and grants of security interests provided in connection with the Original Loan Credit Agreement (and, from and after the date hereof, shall be secured by all of the U.S. Security Documents pledges and grants of security interests provided in connection with this Agreement, whether on the Closing Date or otherwise), all as more specifically set forth in this Agreement and the U.S. Security Documents. Each U.S. Facility Obligor Loan Party hereby reaffirms its obligations under each Loan Document (as defined in the Original Loan Credit Agreement, collectively, the “Original Loan Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Effective Date. Each Borrower Loan Party further agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement. The execution and delivery of this Agreement shall constitute an amendment, replacement amendment and restatement, but not a novation or repayment, of the Original Obligations.

Effect of Amendment and Restatement. Upon the execution and delivery of this Agreement, the “Obligations”indebtedness, liabilities and obligations of each Borrower previously governed under and as defined in the Original Loan Agreement, obligations and other liabilities (including, without limitation, interest, fees and out-of-pocket expenses accrued to the date hereof) governed by the Original Loan Agreement (collectively, the “Original Obligations”) shall continue to be in full force and effect, but shall be governed by the terms and conditions condition set forth in this Agreement Agreement. In furtherance of the preceding sentence, each "Revolving Loan", each "Term Loan" and each "Letter of Credit Accommodation" made under, and as each term is defined in, the Original Loan Agreement, shall be deemed to be U.S. Facility Obligations a revolving Loan, Term Loan, or Letter of Credit Accommodation, as applicable, hereunder, in each case for the account of the applicable Borrower. The All indebtedness, liabilities and obligations of each Borrower incurred under the Original ObligationsLoan Agreement, together with any and all additional U.S. Facility Obligations (whether incurred by U.S. Facility Obligors hereunder or Borrowers hereunder, under any of the other Loan Credit Documents, or otherwise) shall be and shall continue to be secured by all of the U.S. Security Documents provided in connection with the Original Loan Agreement (and, from assets and after the date hereof, shall be secured by all Collateral of the U.S. Security Documents provided in connection with this Agreementeach Borrower, whether on the Closing Date now existing or otherwise)hereafter acquired and wheresoever located, all as more specifically set forth in this Agreement the Credit Documents and the U.S. Security Documents. Each U.S. Facility Obligor hereby reaffirms its obligations under each Loan Document (as defined in the Original Loan Agreement, collectively, the “Original Loan Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Each Borrower agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement. The execution and delivery of this Agreement shall not constitute an amendmenta novation, replacement waiver, accord and restatementsatisfaction or repayment of indebtedness, but liabilities and obligations of Borrowers outstanding under the Original Credit Agreement or the Credit Documents thereunder. Notwithstanding anything to the contrary herein or in the Credit Documents, Lender shall not a novation have any obligation to make any Loans to, or repaymentLetter of Credit Accommodations for the account of, Global, any Guarantor or any Subsidiary or Affiliate. Borrowers hereby reaffirm their obligations under the Assumption and hereby covenant and agree to perform all of the obligations of the Original ObligationsBorrowers under the original Credit Documents.

Effect of Amendment and Restatement. This Agreement shall become effective upon the Closing Date. Upon the execution and delivery of this AgreementClosing Date, the “Obligations”, under and as defined in the Original Loan Agreementindebtedness, obligations and other liabilities (including, without limitation, interest, fees and out-of-pocket expenses accrued to the date hereof) of Amcom previously governed by the Original Loan Credit Agreement (collectively, the “Original Existing Obligations”) shall continue to be in full force and effect, but shall be governed by the terms and conditions set forth in this Agreement and the Existing Obligations shall be deemed to be U.S. Facility Obligations hereunderunder this Agreement. The Existing Obligations shall include all interest, fees and other amounts accrued through Closing Date under the Original Credit Agreement. The Existing Obligations, together with any and all additional U.S. Facility Obligations incurred by U.S. Facility Obligors Borrowers hereunder or under any of the other Loan Documents, Documents shall continue to be secured by all of the U.S. Security Documents provided in connection with the Original Loan Agreement (and, from and after the date hereof, shall be secured by all of the U.S. Security Documents provided in connection with this Agreement, whether on the Closing Date or otherwise), all as more specifically set forth in this Agreement and the U.S. Security Documents. Each U.S. Facility Obligor hereby reaffirms its obligations under each Loan Document (as defined in the Original Loan Agreement, collectively, the “Original Loan Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Each Borrower agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this AgreementCollateral. The execution and delivery of this Agreement shall not constitute an amendment, replacement and restatement, but not a novation or repayment, repayment of the Existing Obligations. Each Borrower hereby reaffirms its obligations under the Loan Documents executed and delivered by it prior to the date hereof in connection with the Original ObligationsCredit Agreement. Borrowers, Agent and the Lenders further agree that each reference to the “Credit Agreement” contained in any agreement, instrument or document executed and/or delivered in connection with the Original Credit Agreement, shall be deemed to be a reference to this Agreement.

Effect of Amendment and Restatement. Upon the execution and delivery of this Agreement, the “Obligations”, under and as defined in the Original Loan AgreementIndebtedness, obligations and other liabilities (including, without limitation, interest, interest and fees and out-of-pocket expenses accrued to the date hereof) governed by the Original Loan Credit Agreement (collectively, the “Original Obligations”) shall continue to be in full force and effect, but shall be governed by the terms and conditions set forth in this Agreement and shall be deemed to be U.S. Facility Obligations hereunderAgreement. The Original Obligations, together with any and all additional U.S. Facility Obligations incurred by U.S. Facility Obligors any Loan Party hereunder or under any of the other Loan Documents, shall continue to be secured by all of the U.S. Security Documents pledges and grants of security interests provided in connection with the Original Loan Credit Agreement (and, from and after the date hereof, shall be secured by all of the U.S. Security Documents pledges and grants of security interests provided in connection with this Agreement, whether on the Closing Date or otherwise), all as more specifically set forth in this Agreement and the U.S. Security Documents. Each U.S. Facility Obligor Loan Party hereby reaffirms its obligations under each Loan Document (as defined in the Original Loan Credit Agreement, collectively, the “Original Loan Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Each Borrower Loan Party further agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement. The execution and delivery of this Agreement shall constitute an amendment, replacement amendment and restatement, but not a novation or repayment, of the Original Obligations.

Effect of Amendment and Restatement. Upon the execution and delivery of this AgreementAgreement and the satisfaction of the conditions precedent set forth in Section 9, the “Obligations”, under and Obligations (as defined in the Original Existing Loan Agreement, obligations and other liabilities (including, without limitation, interest, fees and out-of-pocket expenses accrued to ) of the date hereof) Borrowers previously governed by the Original Existing Loan Agreement (collectivelyother than a portion of Term Loan B, the “Original Obligations”as defined therein) shall continue to be in full force and effect, but shall be governed by the terms and conditions set forth in this Agreement and shall be deemed to be U.S. Facility Obligations hereunderAgreement. The Original Such Obligations, together with any and all additional U.S. Facility Obligations liabilities incurred by U.S. Facility Obligors the Borrowers hereunder or under any of the other Loan Documents, shall continue to be secured by all of by, among other things, the U.S. Security Documents provided in connection with the Original Loan Agreement (and, from and after the date hereof, shall be secured by all of the U.S. Security Documents provided in connection with this AgreementCollateral, whether on the Closing Date now existing or otherwise)hereafter acquired and wheresoever located, all as more specifically set forth herein and in this Agreement and the U.S. Security Documents. Each U.S. Facility Obligor Borrower hereby reaffirms its obligations under each Loan Document such Borrower's Obligations (as defined in the Original Existing Loan Agreement), collectivelyliabilities, grants of security interests, pledges and the “Original validity of all covenants by such Borrower contained in any and all Security Documents (other than Borrowers' obligations in respect of Term Loan Documents”) to which it is partyB, as amended, restated, supplemented or otherwise modified by this Agreement and by defined in the other Loan Documents delivered on the Closing Date. Each Borrower agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Existing Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement). The execution and delivery of this Agreement shall not constitute an amendment, replacement and restatement, but not a novation or repayment, repayment of the Original Obligationsindebtedness outstanding under the Existing Loan Agreement. Each Borrower hereby acknowledges and agrees that any and all references in any Loan Documents to the Existing Loan Agreement shall be deemed to be amended to refer to this Agreement. Each Borrower hereby reaffirms its obligations, liabilities and indebtedness arising under each of the Loan Documents existing on the Closing Date, in each case after giving effect to the provisions of the preceding sentence. In addition, Borrowers expressly acknowledge and agree that its obligations, liabilities and indebtedness under this Agreement and the Tranche B Loan Documents are intended to amend and restate their obligations, liabilities and indebtedness under the Existing Loan Agreement and that together such agreements are intended to constitute the Credit Agreement and are each Credit Facilities.

Effect of Amendment and Restatement. Upon the execution and delivery of this Agreement, the “Obligations”indebtedness, liabilities and obligations of each Borrower previously governed under and as defined in the Original Loan Agreement, obligations and other liabilities (including, without limitation, interest, fees and out-of-pocket expenses accrued to the date hereof) governed by the Original Loan Agreement (collectively, the “Original Obligations”) shall continue to be in full force and effect, but shall be governed by the terms and conditions set forth in this Agreement Agreement. In furtherance of the preceding sentence, each "Revolving Loan", the "Term A Loan" and each "Letter of Credit" made under, and as each term is defined in, the Original Loan Agreement, shall be deemed to be U.S. Facility Obligations a Revolving Loan, Term A Loan, or Letter of Credit, as applicable, hereunder, in each case for the account of the applicable Borrower. The All indebtedness, liabilities and obligations of each Borrower incurred under the Original ObligationsLoan Agreement, together with any and all additional U.S. Facility Obligations (whether incurred by U.S. Facility Obligors hereunder or Borrowers hereunder, under any of the other Loan Credit Documents, or otherwise) shall be and shall continue to be secured by all of the U.S. Security Documents provided in connection with the Original Loan Agreement (andassets, from Collateral and after the date hereof, shall be secured by all Real Property of the U.S. Security Documents provided in connection with this Agreementeach Borrower, whether on the Closing Date now existing or otherwise)hereafter acquired and wheresoever located, all as more specifically set forth in this Agreement the Credit Documents and the U.S. Security Documents. Each U.S. Facility Obligor hereby reaffirms its obligations under each Loan Document (as defined in the Original Loan Agreement, collectively, the “Original Loan Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. Each Borrower agrees that each such Original Loan Document shall remain in full force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement. The execution and delivery of this Agreement shall not constitute an amendmenta novation, replacement waiver, accord and restatementsatisfaction or repayment of indebtedness, but not a novation or repayment, liabilities and obligations of Borrowers outstanding under the Original ObligationsCredit Agreement or the Credit Documents thereunder. Notwithstanding anything to the contrary herein or in the Credit Documents, Lender shall not have any obligation to make any Loans to, or Letter of Credits for the account of, Global, any Guarantor or any Subsidiary or Affiliate of Global (other than the Borrowers).

Effect of Amendment and Restatement. Upon This Agreement shall supersede in all respects the execution Prior Loan Agreement from and delivery after the Effective Date with respect to the transactions hereunder and with respect to the Existing Obligations. The parties hereto acknowledge and agree, however, that (i) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of this Agreementthe Existing Obligations under the Prior Loan Agreement and the other Prior Loan Documents as in effect prior to the Effective Date, (ii) such Existing Obligations are in all respects continuing and outstanding (including without limitation all accrued interest on the “Obligations”Existing Obligations to the Effective Date and all accrued fees under the Prior Loan Agreement to the Effective Date, under which accrued interest and as defined fees shall be payable in accordance with the Original terms of the Prior Loan Agreement, obligations and other liabilities (including, without limitation, interest, fees and out-of-pocket expenses accrued to the date hereof) governed by the Original Loan Agreement (collectively, the “Original Obligations”) shall continue to be in full force and effect, but shall be governed by with only the terms being modified from and conditions set forth after the Effective Date as provided in this Agreement and shall be deemed to be U.S. Facility Obligations hereunder. The Original Obligations, together with any and all additional U.S. Facility Obligations incurred by U.S. Facility Obligors hereunder or under any of the other Loan Documents, (iii) the Liens in favor of Lender securing payment of such Existing Obligations are in all respects continuing and in full force and effect with respect to all Obligations; and (iv) all references in the other Loan Documents to the Prior Loan Agreement shall continue be deemed to be secured by all refer without further amendment to this Agreement. Notwithstanding the foregoing, the parties hereto acknowledge and agree that, as of the U.S. Security Documents provided in connection with Effective Date, the Original Loan Agreement (and, from and after the date hereof, shall be secured by all of the U.S. Security Documents provided in connection with this Agreement, whether on the Closing Date or otherwise), all as more specifically set forth in this Agreement and the U.S. Security Documents. Each U.S. Facility Obligor hereby reaffirms its obligations under each Loan Document "Individual Guaranty" (as defined in the Original Prior Loan Agreement, collectively, the “Original Loan Documents”) to which it is party, as amended, restated, supplemented or otherwise modified by this Agreement shall be terminated in its entirety and by the other Loan Documents delivered on the Closing Date. Each Borrower agrees that each such Original Loan Document shall remain in full be of no further force and effect following the execution and delivery of this Agreement and that all references to the “Loan Agreement” or “Credit Agreement” in such Original Loan Documents shall be deemed to refer to this Agreement. The execution and delivery of this Agreement shall constitute an amendment, replacement and restatement, but not a novation or repayment, of the Original Obligationseffect.