Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 4 contracts
Sources: Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media East LLC), Credit Agreement (Dex Media Inc)
Effect of Amendment. (a) The waiver expressly included in Section 3 is a limited waiver and shall not be deemed or otherwise construed to constitute a waiver of any other Default or Event of Default or a consent to any other future breach of the Credit Agreement or any of the other Loan Documents. The Lenders hereby reserve their rights under the Loan Documents and applicable law in respect of such other Defaults or Events of Default and other future breaches. Except as expressly set forth herein, this Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document or be construed as a novation thereof. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or of any other Loan DocumentDocument as amended hereby, all of which are is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Repricing Amendment No. 1 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsby this Amendment.
Appears in 4 contracts
Sources: First Lien Term Loan Credit Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD), First Lien Term Loan Credit Agreement (Tronox LTD)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Credit Agreement or any other Senior Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Senior Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Senior Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Senior Loan Documents specifically referred to herein.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Senior Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Senior Loan Document” for all purposes of the Credit Agreement and the other Senior Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing First Incremental Term Facility Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute an Incremental Facility Amendment entered into pursuant to Section 2.20 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: First Incremental Term Facility Amendment (Endeavor Group Holdings, Inc.), First Incremental Term Facility Amendment (Endeavor Group Holdings, Inc.), Credit Agreement
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Original Credit Agreement, the Restated Credit Agreement or any other Senior Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Original Credit Agreement, the Restated Credit Agreement or any other provision of the Credit Agreement or of any other Senior Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Original Credit Agreement, the Restated Credit Agreement or any other Senior Loan Document in similar or different circumstances. This Restatement Agreement shall apply to and be effective only with respect to the provisions of the Original Credit Agreement, the Restated Credit Agreement and the other Senior Loan Documents specifically referred to herein.
(b) On and after the Repricing Amendment Restatement Effective Date, each reference in the Original Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Original Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Senior Loan Document shall be deemed a reference to the Restated Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Restatement Agreement shall constitute a “Senior Loan Document” for all purposes of the Original Credit Agreement, the Restated Credit Agreement and the other Senior Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent DOE under the Credit Arrangement Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Arrangement Agreement or any other provision of the Credit Arrangement Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower or any other Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Arrangement Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Arrangement Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, and each reference to the Credit Agreement “Arrangement Agreement” in any other Loan Document shall be deemed a reference to the Credit Arrangement Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified hereby. This Amendment shall be deemed an amendment to the Arrangement Agreement pursuant to Section 12.1 of the Arrangement Agreement and constitute a “Loan Document” for all purposes of the Credit Arrangement Agreement and the other Loan Documents.
Appears in 3 contracts
Sources: Loan Arrangement and Reimbursement Agreement, Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc), Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Existing Credit Agreement and the other Loan Documents specifically referred to herein (including Exhibit A hereto).
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Existing Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Third Amendment (Broadcom LTD), Second Amendment (Broadcom Cayman L.P.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Agent L/C Issuer, in each case under the Credit Agreement or any other Loan Credit Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Credit Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Credit Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Credit Party reaffirms its obligations under the Credit Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Credit Document for purposes of the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Repricing Amendment Effective Date, each reference all references to the Credit Agreement in any Credit Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended to give effect by this Amendment (and to the Repricing Amendmentsextent provided in Section 3(A) and 3(B), and on from and after the IPO Amendment Effective Scheduled End Date and the Extended End Date, each such reference references shall be deemed a reference refer to the Credit Agreement as amended and restated hereby to give effect to by the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement 50% Pricing Amendments and the other Loan DocumentsFull Pricing Amendments, respectively).
Appears in 2 contracts
Sources: Credit Agreement (Live Nation, Inc.), Credit Agreement (Ticketmaster Entertainment, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing First Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Term Loan Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Term Loan Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Term Loan Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Term Loan Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Term Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Term Loan Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Term Loan Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Term Loan Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Term Loan Agreement (FMC Corp), Term Loan Agreement (FMC Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Each Loan Party party hereto hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party and (ii) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations (including, for the avoidance of doubt, all Obligations in respect of the Incremental Revolving Loans and Incremental Revolving Commitments made available hereunder) pursuant to the Guaranty.
Appears in 2 contracts
Sources: Credit Agreement (F&G Annuities & Life, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinherein or as amended in any Collateral Document Amendment, this Amendment and the Collateral Document Amendments shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(c) The changes to the definition of “Applicable Rate” in Section 1.01 of the Credit Agreement effected pursuant to this Amendment shall apply and be effective on and after the Amendment Effective Date. The definition of “Applicable Rate” in Section 1.01 of the Credit Agreement (before giving effect to this Amendment) shall apply and be effective for the period ending on, but not including, the Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (Sungard Data Systems Inc), Credit Agreement (SunGard Shareholder Systems LLC)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.14 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (General Communication Inc), Credit Agreement (Gci Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Parties under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing First Refinancing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/), Credit Agreement Refinancing Amendment (Interactive Data Corp/Ma/)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing Second Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect hereby, (ii) each reference in any Loan Document to the Repricing Amendments“Term A Lender”, and on and after the IPO Amendment Effective Date, each such reference “Term A Loans” or “Term A Facility” shall be deemed a reference to the New Term A Lenders, New Term A Loans or the facility made available in respect of the New Term A Loans, as applicable and (iii) each reference in any Loan Document to “Revolving Credit Agreement as amended and restated hereby to give effect Commitments” or “Revolving Credit Lender” or “Revolving Credit Facility” shall be deemed a reference to the IPO AmendmentsNew Revolving Credit Commitments, New Revolving Credit Lenders, or the revolving credit facility made available in respect of the New Revolving Credit Commitments, as applicable. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan DocumentsDocuments and shall be deemed to be a “Refinancing Amendment” and a “Commitment Increase and Joinder Agreement”, each as defined in the Credit Agreement.
(c) Each Loan Party hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party, (ii) ratifies and reaffirms each grant of a lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents (including, for the avoidance of doubt, all Obligations in respect of the New Term A Loans and New Revolving Credit Commitments made available hereunder), subject to the terms thereof and (iii) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations (including, for the avoidance of doubt, all Obligations in respect of the New Term A Loans and New Revolving Credit Commitments made available hereunder) pursuant to the Guaranty
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Fidelity National Financial, Inc.), Credit and Guaranty Agreement (Black Knight Financial Services, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Repricing Amendment No. 4 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to give effect this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each which such reference Loan Party is a party shall be deemed a reference continue to apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 2 contracts
Sources: Credit Agreement (Univar Inc.), Credit Agreement (Burlington Stores, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, any Lender, any other Secured Party or the Agent any Obligor under the Existing Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended or otherwise modified herein of the Existing Credit Agreement and the other Loan Documents. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, ” or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to otherwise modified by this Amendment and each reference in any other Loan Document shall mean the IPO AmendmentsCredit Agreement as amended and otherwise modified hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (FMC Corp), Credit Agreement (FMC Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 2 contracts
Sources: Credit Agreement (Gci Inc), Credit Agreement (General Communication Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement, “thereunder”, “thereof” or words of like import referring to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Freeport-McMoran Inc), Revolving Credit Agreement (Freeport-McMoran Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Date, each reference in provisions of the Credit Agreement specifically referred to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of . All representations and warranties made by any Borrower herein shall be deemed made under the Credit Agreement with the same force and effect as if set forth in full therein. On and after the other First Amendment Effective Date, any reference to the Credit Agreement contained in the Loan DocumentsDocuments shall mean the Credit Agreement as modified hereby.
Appears in 2 contracts
Sources: Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Financial Services Group Inc/De), Five Year Competitive Advance and Revolving Credit Facility Agreement (Hartford Life Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Sungard Capital Corp Ii), Credit Agreement (GL Trade Overseas, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof”", “"herein”", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “"Loan Document” " for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media East LLC)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing Amendment No. 3 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Tempur Sealy International, Inc.), Credit Agreement (Tempur Sealy International, Inc.)
Effect of Amendment. (a) On and after the Amendment No. 1 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, and each reference in each of the Loan Documents to “the Credit Agreement,” “thereunder,” “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by this Amendment. The Credit Agreement and each of the other Loan Documents, as supplemented by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein By executing and delivering a copy hereof, each applicable Loan Party hereby agrees and confirms that all Loans and Obligations shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On guaranteed and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference secured pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement Documents as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsprovided therein.
Appears in 2 contracts
Sources: First Lien Credit Agreement (OCM HoldCo, LLC), Credit Agreement (Commscope Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the date hereof. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan DocumentsDocuments specifically referred to herein. For the avoidance of doubt, each Consenting Lender hereby waives any break funding payment that it would be entitled to receive pursuant to Section 2.14(e) of the Credit Agreement as an existing Lender as a result of this Amendment.
Appears in 2 contracts
Sources: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing The Borrower and each Subsidiary Guarantor acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations (as such term is defined giving effect to this Amendment and the amendment to the Guarantee and Collateral Agreement), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Other than as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.amended
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing Amendment No. 1 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Tempur Sealy International, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein.
(b) On From and after the Repricing Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. hereby.
(c) This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of the Amended Credit Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Second Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Financial, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Administrative Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement (as amended hereby) or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein The Borrower reaffirms its obligations under the Loan Documents to which it is party (as amended hereby). This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Repricing Amendment No. 1 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. The Borrower hereby consents to give effect this Amendment and confirms that all its obligations under the Loan Documents to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference which it is a party shall be deemed a reference continue to apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 1 contract
Sources: Credit Agreement (Nasdaq, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “"this Agreement”", “"hereunder”", “"hereof”', “"herein”, " or words of like import, and each reference to the Credit Agreement Agreement, "thereunder", "thereof', "therein" or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 1 contract
Sources: Credit Agreement (Alaska Communications Systems Group Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein.
(b) On From and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this AgreementAmendment”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. hereby.
(c) This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders any Agent or the Agent any Lender under the Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects respects, as amended hereby, and shall continue in full force and effect, as amended hereby, except that, on and after the Effective Date, each reference to the Credit Agreement in the Loan Documents shall mean and be a reference to the Credit Agreement as amended by this Amendment. Nothing Each Guarantor hereby confirms that it has reviewed this Amendment and hereby expressly consents to this Amendment and the transactions contemplated hereby and ratifies and affirms all of its obligations under the Loan Documents, including, without limitation, the guaranty in Section 2.1 of each of the U.S. Guarantee and Collateral Agreement and the Canadian Guarantee and Collateral Agreement, as applicable. Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document Documents in similar or different circumstances.
(b) On and after the Repricing . This Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference is a Loan Document executed pursuant to the Credit Agreement in any other Loan Document and shall be deemed a reference to construed, administered and applied in accordance with the Credit Agreement as amended to give effect to the Repricing Amendments, terms and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsprovisions thereof.
Appears in 1 contract
Sources: Abl Credit Agreement (Veritiv Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (FMC Corp)
Effect of Amendment. (a) 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) 7.2. On and after the Repricing Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
7.3. Except as expressly provided herein or in the Credit Agreement, the Amended Term Loan Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(c) The parties hereto confirm that no novation of any kind has occurred as a result of, or in connection with, this Amendment or otherwise, any such novation being hereby expressly disclaimed. Without prejudice to the previous sentence, and only to the extent otherwise required by applicable law to maintain the validity, enforceability and/or publication (perfection) of any Lien pursuant to the laws of the Province of Quebec created under any Collateral Document (the “Existing Quebec Security”), the Existing Quebec Security is hereby expressly reserved by the Secured Parties, the whole pursuant to the provisions of Article 1662 of the Civil Code of Quebec.
Appears in 1 contract
Sources: Term Loan Credit Agreement (Postmedia Network Canada Corp.)
Effect of Amendment. (a) Except as expressly set forth hereinin this Amendment or in the Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Banks or the Agent Agents under the Credit Agreement or any other Loan DocumentPapers, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentPapers, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document Paper in similar or different circumstances.
(bi) On and after the Repricing Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document Paper, in each case shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified by this Amendment. This Amendment shall constitute a “Loan DocumentPaper” for all purposes of the Credit Agreement and the other Loan DocumentsPapers.
(ii) This Amendment, the Credit Agreement and the other Loan Papers constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(iii) This Amendment may not be amended, modified or waived except in accordance with Section 9.1 of the Credit Agreement.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Southwest Airlines Co)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or and the Administrative Agent under the Credit Agreement or any the other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or the other Loan Documents or any other provision of the Credit Agreement or of any other Loan Document, all of which are hereby ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Fourth Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. Agreement.
(c) This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Blue Bird Corp)
Effect of Amendment. (a) On and after the Amendment No. 4 Effective Date, each reference in the Five-Year Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the Five-Year Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Banks under the Five-Year Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other Loan Document Documents in similar or different circumstances. This Amendment shall apply and be effective only with respect to the provisions of the Five- Year Credit Agreement specifically referred to herein.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall Nothing herein will be deemed a reference to reduce the Credit Agreement as amended to give effect to obligations of any Subsidiary Guarantor under the Repricing AmendmentsSubsidiary Guarantee Agreement, which shall remain in full force and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentseffect.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Lenders, the L/C Issuer, the U.S. Swing Line Lenders, or the Agent Euro Swing Line Lenders under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein.
(b) On and after the Repricing Second Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference shall refer to the Amended Credit Agreement and the term “Credit Agreement”, as used in any other each Loan Document Document, shall be deemed a reference to mean the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. Agreement.
(c) This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Itt Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Third Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Amended Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Amended Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing Third Amendment Effective Date, (i) each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect Agreement, (ii) each reference in any Loan Document to the Repricing Amendments“Term Lender”, and on and after the IPO Amendment Effective Date“Term Loans”, each such reference “Lender” or “Loan” shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments2020 Refinancing Term Lenders. This Third Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan DocumentsDocuments and shall be deemed to be a “Refinancing Amendment” as defined in the Amended Credit Agreement and (iii) each reference in any Loan Document to “Lead Arrangers” shall include the Lead Arrangers.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Lenders, the L/C Issuer, the U.S. Swing Line Lenders, or the Agent Euro Swing Line Lenders under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein.
(ba) On and after the Repricing First Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference shall refer to the Amended Credit Agreement and the term “Credit Agreement”, as used in any other each Loan Document Document, shall be deemed a reference to mean the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. Agreement.
(b) This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Itt Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Administrative Agent, the Issuing Banks or the Agent Lenders under the Credit Agreement or any of the other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any of the other Loan Document Documents in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each any reference to the Credit Agreement in any other Loan Document shall be deemed to be a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on by this Amendment. On and after the IPO Amendment Effective Datetime the Guarantee and Pledge Agreement (as defined in the Credit Agreement prior to giving effect to this Amendment) is amended and restated in the form of the Guarantee and Collateral Agreement set forth in Exhibit C-1 hereto pursuant to Section 2 of this Amendment, each such any reference to the “Guarantee and Pledge Agreement” in any Loan Document shall be deemed to be a reference to the Credit Agreement as amended Guarantee and restated hereby to give effect to the IPO Amendments. Collateral Agreement.
(c) This Amendment and the Guarantee and Collateral Agreement shall constitute a “Loan Document” Documents for all purposes of the Credit Agreement and the each other Loan DocumentsDocument.
Appears in 1 contract
Sources: Credit Agreement (NCR Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a Refinancing Amendment entered into pursuant to Section 2.21 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) On and after the Revolver Extension and Amendment Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to the “Credit Agreement,” “thereunder,” “thereof” or words of like import referring to the Credit Agreement, shall mean and shall be a reference to the Credit Agreement as modified by this Amendment. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to not constitute a consent to, or a waiver, amendment, modification or other change of, any novation of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other of the Loan Document in similar or different circumstances.
(b) On Documents. For the avoidance of doubt, on and after the Repricing Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other constitute a Loan Documents.Document. [Signature pages follow]
Appears in 1 contract
Sources: Credit Agreement (Maravai Lifesciences Holdings, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document, all . The parties hereto acknowledge and agree that the amendment of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any pursuant to this Agreement and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Term B-1 Increase Effective Date. This Agreement shall constitute a Loan Document in similar or different circumstances.
(b) On for purposes of the Credit Agreement and from and after the Repricing Amendment Term B-1 Increase Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. The Borrower hereby consents to this Agreement as amended and confirms that all obligations of the Borrower under the Loan Documents to give effect which it is a party shall continue to apply to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Amended Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. The Borrower, on behalf of itself and each Subsidiary Guarantor, acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations, unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document.
(b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan DocumentsDocuments (as defined in the Amended Credit Agreement).
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing Amendment 2025 Refinancing Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” and an “Additional Credit Extension Amendment” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Repricing Amendment No. 1 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to give effect this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each which such reference Loan Party is a party shall be deemed a reference continue to apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 1 contract
Sources: Credit Agreement (Univar Inc.)
Effect of Amendment. (a) 8.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) 8.2. On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
8.3. Except as expressly provided herein or in the Credit Agreement, the Amended Term Loan Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the ARCA, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Term Loan Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement Loan Documents or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement ARCA or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment ARCA Effective Date, each reference in the Credit Agreement ARCA to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document import shall be deemed a reference to the ARCA, and each reference to the “Credit Agreement” in each other Loan Document or Exhibit to the Existing Term Loan Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsARCA. This Amendment and Restatement Agreement and the ARCA shall constitute a “Loan Document” for all purposes of the Credit Agreement ARCA and the other Loan Documents.
Appears in 1 contract
Sources: Term Loan Credit Agreement (Southwestern Energy Co)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Hubbell Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Loan Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after Document, but a modification thereof pursuant to the Repricing Amendment terms contained herein. As of the Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, ,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendmentshereby, and on this Amendment and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended and restated hereby to give effect to reflect the IPO Amendmentschanges made in this Amendment as of the Effective Date. This Amendment shall constitute a “Loan Document” Document for all purposes of the Credit Agreement and the other Loan DocumentsDocuments both before and after giving effect to the amendment thereof hereby.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances.
(b) . This Amendment shall apply and be effective only with respect to the provisions of the Credit Agreement specifically referred to herein. This Amendment shall constitute a Credit Document for all purposes of the Credit Agreement as amended hereby and the other Credit Documents. All representations and warranties made by each Borrower herein shall be deemed made under the Credit Agreement with the same force and effect as if set forth in full therein. On and after the Repricing Amendment Effective Date, each any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Credit Document, shall be deemed a reference to mean the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsmodified hereby.
Appears in 1 contract
Sources: Credit Agreement (Endurance Specialty Holdings LTD)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Agreement and all other Credit Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement or the other Credit Documents as in effect prior to the date hereof. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Amended Credit Agreement or entitle the Borrower any Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Credit Document in similar or different circumstances.
(b) On . Upon and after the Repricing Amendment Effective Dateexecution of this Agreement by each of the parties hereto, this Agreement shall constitute a Credit Document and each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like importimport referring to the Credit Agreement, and each reference in the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement in any other Loan Document Agreement, shall mean and be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsmodified hereby.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinin this Agreement or in the Existing Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment First Incremental Effective Date, each reference in (i) the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified by this Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Incremental Assumption Agreement (Flutter Entertainment PLC)
Effect of Amendment. (a) This Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the Existing Credit Agreement, the Guarantee and Security Agreement or any other Loan Document or an accord and satisfaction in regard thereto. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Agent Borrower under the Existing Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Existing Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, ” or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, by this Amendment and on and after the IPO Amendment Effective Date, each such reference in any other Loan Document shall be deemed a reference to mean the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Agreement (Capitala Finance Corp.)
Effect of Amendment. (a) The Borrowers, the other Loan Parties parties hereto and the Lenders parties hereto hereby (i) waive, and authorize the Administrative Agent to waive, compliance with any requirement in the last sentence Section 14.7 of the Credit Agreement relating to the entering into of an Assignment and Acceptance pursuant to Section 14.6 with respect to any Non-Consenting Lender to this Amendment and any replacement Lender under Section 14.7 and (ii) authorize and instruct the Administrative Agent to process and accept any such assignment according to the foregoing. Notwithstanding the foregoing, from and after the Fourth Amendment Effective Date, any such replacement Lender shall be a Lender under the Credit Agreement for all purposes.
(b) Except as expressly set forth hereinprovided in this Amendment, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing nothing herein shall be deemed to entitle the Borrower any Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances.
(b) . On and after the Repricing Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Credit Document” for all purposes of the Credit Agreement and the other Loan Credit Documents. Upon the Fourth Amendment Effective Date, each Lender party hereto that is not a Lender under the Credit Agreement immediately prior to the Fourth Amendment Effective Date will be a Lender under the Credit Agreement for all purposes of the Credit Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
(b) On and after the Repricing Amendment No. 1 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference as used in the Existing Credit Agreement, shall refer to the Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 1 contract
Sources: Term Loan Agreement (Hess Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Collateral Agent or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed to be a reference to the Credit Agreement as amended to give effect to hereby. Each of this Amendment and the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Reaffirmation Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall not constitute a novation of the Credit Agreement or any of the Loan Documents or serve to effect a novation of the Obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) . This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Permitted Amendment” and a “Revolving Extension Agreement” and shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Consolidated Communications Holdings, Inc.)
Effect of Amendment. (a) 5.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Amended Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) 5.2. On and after the Repricing Second Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) On and after the Amendment No. 3 Effective Date, each reference in the Five-Year Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the Five-Year Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Banks under the Five-Year Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Five-Year Credit Agreement or any other Loan Document Documents in similar or different circumstances. This Amendment shall apply and be effective only with respect to the provisions of the Five-Year Credit Agreement specifically referred to herein.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall Nothing herein will be deemed a reference to reduce the Credit Agreement as amended to give effect to obligations of any Subsidiary Guarantor under the Repricing AmendmentsSubsidiary Guarantee Agreement, which shall remain in full force and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentseffect.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances.
(b) . This Amendment shall apply and be effective only with respect to the provisions of the Credit Agreement specifically referred to herein. This Amendment shall constitute a Credit Document for all purposes of the Credit Agreement as amended hereby and the other Credit Documents. All representations and warranties made by each Borrower herein shall be deemed made under the Credit Agreement with the same force and effect as if set forth in full therein. On and after the Repricing Amendment First Effective Date or the Second Effective Date, each as applicable, any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Credit Document, shall be deemed a reference to mean the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsmodified hereby.
Appears in 1 contract
Sources: Credit Agreement (Endurance Specialty Holdings LTD)
Effect of Amendment. (a) 12.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) 12.2. On and after the Repricing Sixth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
12.3. Except as expressly provided herein or in the Credit Agreement, the Amended Revolving Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Realogy Group LLC)
Effect of Amendment. (a) Except as specifically ------------------- amended hereby, the Credit Agreement shall continue in full force and effect in accordance with the provisions thereof. As used therein, the terms "Agreement", "herein", "hereunder", "hereinafter", "hereto", "hereof", and words of similar import shall, unless the context otherwise requires, refer to the Credit Agreement as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes apply and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documentsspecifically referred to herein.
Appears in 1 contract
Sources: Credit Agreement (Danbury Pharmacal Puerto Rico Inc)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Restated Revolving Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Swing Line Lender, the Issuing Banks or the Agent Agents under the Existing Revolving Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Revolving Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Revolving Credit Agreement, the Restated Revolving Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Restatement Effective Date, each reference in the Restated Revolving Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Existing Revolving Credit Agreement in any other Loan Document shall be deemed a reference to the Restated Revolving Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” for all purposes of the Restated Revolving Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) 7.2. On and after the Repricing Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
7.3. Except as expressly provided herein or in the Credit Agreement, the Amended Term Loan Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Realogy Group LLC)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Fourth Amendment Effective Date.
(b) On From and after the Repricing Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Each Loan Party hereby (i) acknowledges that it has reviewed the terms and provisions of this Amendment, (ii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (in the case of the Existing Credit Agreement, as amended hereby), (iii) ratifies and reaffirms each grant of a Lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security interests by such Loan Party and the pledges by such Loan Party, as applicable, pursuant to the Security Agreement) and confirms that such Liens and security interests continue to secure the Obligations under the Loan Documents, subject to the terms thereof, (iv) acknowledges and agrees that each Loan Document to which it is a party (in the case of the Existing Credit Agreement, as amended hereby) shall continue and remain in full force and effect and all of its obligations thereunder shall be valid and enforceable and not be impaired or limited by the execution of this Amendment and (v) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations, Secured Obligations, and Guaranteed Obligations pursuant to Section 10.01 of the Amended Credit Agreement.
Appears in 1 contract
Sources: Amended and Restated Credit Agreement (Digital Turbine, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Co-Collateral Agent or the Agent any other Person, in each case under the Amended Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Amended Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the termsAmended Credit Agreement and, conditionsfrom and after the Amendment No. 6 Effective Date, obligations, covenants or agreements contained in all references to the Credit Agreement or in any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement as amended Agreement. Each of the Loan Parties hereby consents to give effect this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Amended Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan DocumentsAgreement.
Appears in 1 contract
Sources: Credit Agreement (Leslie's, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Sixth Amendment Effective Date.
(b) On From and after the Repricing Sixth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after Credit Document, but a modification thereof pursuant to the Repricing terms contained herein. As of the Amendment No. 1 Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, ,” or words of like import, and each reference in the other Credit Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendmentshereby, and on this Amendment and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended and restated hereby to give effect to reflect the IPO Amendmentschanges made in this Amendment as of the Amendment No. 1 Effective Date. This Amendment shall constitute a “Loan Credit Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Knight Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Original Credit Agreement, the Restated Credit Agreement or any other Senior Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Original Credit Agreement, the Restated Credit Agreement or any other provision of the Credit Agreement or of any other Senior Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Original Credit Agreement, the Restated Credit Agreement or any other Senior Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Original Credit Agreement, the Restated Credit Agreement and the other Senior Loan Documents specifically referred to herein.
(b) On and after the Repricing Amendment 2008 Restatement Effective Date, each reference in the Original Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Original Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Senior Loan Document shall be deemed a reference to the Restated Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Senior Loan Document” for all purposes of the Original Credit Agreement, the Restated Credit Agreement and the other Senior Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Rite Aid Corp)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Amended Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Fourth Restatement Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAmended Agreement. This Amendment and Restatement Agreement shall constitute a “Loan Document” for all purposes of the Credit Amended Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Information Services, Inc.)
Effect of Amendment. (a) This Amendment is not intended by the parties to be, and shall not be construed to be, a novation of the Credit Agreement, the Guarantee and Security Agreement or any other Loan Document or an accord and satisfaction in regard thereto. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Agent Borrower under the Credit Agreement or any other Loan Document, and and, except as expressly set forth herein, shall not alter, modify, amend or in any way affect any of the other terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Person to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment Effective Dateprovisions amended herein of the Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein”, ” or words of like import, similar import shall mean and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, by this Amendment and on and after the IPO Amendment Effective Date, each such reference in any other Loan Document shall be deemed a reference to mean the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Agreement (Capitala Finance Corp.)
Effect of Amendment. (a) 5.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) 5.2. On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
5.3. Each of the Term A-1 Lenders, upon such Term A-1 Lender’s execution of this Amendment, shall become a “Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Agent any other Agent/Arranger Parties under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect (it being understood and agreed that all interest and fees accruing under the Credit Agreement in respect of periods prior to the Pricing Amendment Effective Date will accrue at the rates specified in the Credit Agreement prior to it being amended by the Pricing Amendment and be payable at the times provided in the Credit Agreement). Nothing herein shall be deemed to entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed to be a reference to the Credit Agreement as amended to give effect to hereby (subject to, in the Repricing Amendmentscase of the Pricing Amendment, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsprovisions of Section 7(c) hereof). This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Healthsouth Corp)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants covenants, Liens, guarantees or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other provision of the Credit Agreement, the Guarantee and Collateral Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effecteffect and this Amendment shall not be considered a novation. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing Amendment No. 6 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Amendment” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Tempur Sealy International, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the LC Issuer or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or the Credit Agreement as amended hereby or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Credit Agreement as amended hereby or any other Loan Document in similar or different circumstances.
(b) On . This Amendment shall apply and after be effective only with respect to the Repricing Amendment provisions of the Credit Agreement specifically referred to herein. After the First Effective Date or the Second Effective Date, each as applicable, any reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to mean the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement as amended hereby and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Alaska Communications Systems Group Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not (i) by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not Document or (ii) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing First Amendment Effective Date, as applicable, each reference in the Credit Agreement (as amended hereby) to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement (as amended hereby) and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Administrative Agent, the Collateral Agent, the Lenders or the any Agent Affiliate under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Existing Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Existing Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing Amendment No. 1 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Existing Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Revolving Credit Agreement (Revlon Consumer Products Corp)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Repricing Amendment No. 12 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to give effect this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each which such reference Loan Party is a party shall be deemed a reference continue to apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 1 contract
Effect of Amendment. (a) On and after the Amendment No. 1 Effective Date, each reference in the 364-Day Credit Agreement to "this Agreement", "hereunder", "herein", or words of like import shall mean and be a reference to the 364-Day Credit Agreement, as amended hereby. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Banks under the 364-Day Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the 364-Day Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the 364-Day Credit Agreement or any other Loan Document Documents in similar or different circumstances. This Amendment shall apply and be effective only with respect to the provisions of the 364-Day Credit Agreement specifically referred to herein.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall Nothing herein will be deemed a reference to reduce the Credit Agreement as amended to give effect to obligations of any Subsidiary Guarantor under the Repricing AmendmentsSubsidiary Guarantee Agreement, which shall remain in full force and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentseffect.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of, the Administrative Agent, the Lenders, any other Agent and any of the Lenders or the Agent their respective Affiliates under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (FMC Corp)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Repricing Amendment No. 6 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to give effect this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each which such reference Loan Party is a party shall be deemed a reference continue to apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Lender under the Credit Seller Note Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Seller Note Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that this Amendment shall not constitute a novation of the Seller Note Agreement and the other Loan Documents as in effect prior to the Amendment No. 1 Effective Date or serve to effect a novation of the Obligations outstanding under the Seller Note Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Seller Note Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Seller Note Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Seller Note Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing First Amendment Effective Date, each reference in the Credit Seller Note Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Seller Note Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAmended Seller Note Agreement. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Seller Note Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Secured Seller Note Agreement (American Water Works Company, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Repricing Second Amendment Effective Date, (i) each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended to give effect hereby and (ii) each reference in any Loan Document to the Repricing Amendments“Term Lenders”, and on and after the IPO Amendment Effective Date“Initial Term Loans”, each such reference “Term Loans”, “Term Loan Commitments”, “Commitment” or “Term Facility” shall be deemed a reference to the Credit Agreement 2018 Refinancing Term Loan Lenders, 2018 Refinancing Term Loans, 2018 Refinancing Term Loan Commitments, as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentsapplicable.
Appears in 1 contract
Sources: First Lien Credit Agreement (Isos Acquisition Corp.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained [[3512647]] in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(c) For purposes of determining withholding Taxes imposed under FATCA, from and after the Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loan Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Repricing First Incremental Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute an Incremental Facility Amendment entered into pursuant to Section 2.20 of the Credit Agreement and a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Broadcom LTD)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which which, subject to the terms of this Amendment Agreement, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment No. 1 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Nasdaq, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Repricing Amendment No. 2 Effective Date, each reference all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to give effect this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each which such reference Loan Party is a party shall be deemed a reference continue to apply to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 1 contract
Sources: Credit Agreement (Univar Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Fourth Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Fourth Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document.
(b) On and after the Repricing Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAgreement. This Fourth Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan DocumentsDocuments (as defined in the Amended Credit Agreement).
Appears in 1 contract
Sources: Credit Agreement (M/I Homes, Inc.)
Effect of Amendment. (a) 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) 7.2. On and after the Repricing Fifth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment and the Acknowledgment and Confirmation shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
7.3. Except as expressly provided herein or in the Credit Agreement, the Amended Term Loan Facility shall be subject to the terms and provisions of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Realogy Group LLC)
Effect of Amendment. On and after the execution and delivery hereof, as of the Effective Date, (ai) this Amendment shall become a part of the Credit Agreement and (ii) each reference in the Credit Agreement and the other Loan Documents to “this Agreement”, or “hereof”, “hereunder” or words of like import, and each reference in any other document to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended or modified hereby. Each party hereto agrees and acknowledges that this Amendment constitutes a “Loan Document” under the Credit Agreement. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Agent or the Agent Lenders under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall not constitute a novation of the Credit Agreement or any of the Loan Documents or serve to effect a novation of the Obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) . This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. On and after the Repricing Amendment No. 1 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentshereby. This Amendment shall constitute an “Incremental Amendment” shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Consolidated Communications Holdings, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this All references in the other Credit Documents to the Existing Credit Agreement shall be deemed to refer without further amendment to the Credit Agreement. This Amendment shall not by implication or otherwise limit, impair, constitute a waiver extinguish the Obligations for the payment of or otherwise affect the rights and remedies of the Lenders or the Agent money outstanding under the Existing Credit Agreement or discharge or release the Lien or priority of any Credit Document or any other Loan Documentsecurity therefor or any guarantee thereof, and shall not alter, modify, amend or the liens and security interests in any way affect any favor of the termsCollateral Agent for the benefit of the Secured Parties securing payment of the Obligations are in all respects continuing and in full force and effect with respect to all Obligations. Nothing herein contained shall be construed as a substitution or novation, conditionsor a payment and reborrowing, obligationsor a termination, covenants or agreements contained in of the Obligations outstanding under the Existing Credit Agreement or any other provision of instruments guaranteeing or securing the Credit Agreement or of any other Loan Documentsame, all of which are ratified and affirmed in all respects and shall continue remain in full force and effect, except as modified hereby. Nothing herein expressed or implied in this Amendment or any other document contemplated hereby shall be deemed to entitle construed as a release or other discharge of the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of under the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or the Borrower or any other Loan Credit Party under any Credit Document from any of its obligations and liabilities thereunder, and such obligations are in similar or different circumstances.
(b) On and after all respects continuing with only the Repricing Amendment Effective Date, each reference terms being modified as provided in the this Amendment. The Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to of the other Credit Agreement Documents shall remain in any other Loan Document shall be deemed a reference to the Credit Agreement full force and effect, until and except as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendmentsmodified hereby. This Amendment shall constitute a “Loan Document” Credit Document for all purposes of the Existing Credit Agreement and the other Loan DocumentsCredit Agreement.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Las Vegas Sands Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders any Agent, any Arranger, any Lender or the Agent any Issuing Bank under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances.
(b) . This Amendment shall constitute a Credit Document for all purposes of the Amended Credit Agreement and the other Credit Documents. On and after the Repricing Amendment No. 4 Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the Credit Agreement in any other Loan Credit Document to the “Credit Agreement”, shall be deemed to be a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO Amendments. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documentshereby.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Amended Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Repricing Amendment Restatement Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended to give effect to the Repricing Amendments, and on and after the IPO Amendment Effective Date, each such reference shall be deemed a reference to the Credit Agreement as amended and restated hereby to give effect to the IPO AmendmentsAmended Agreement. This Amendment and Restatement Agreement shall constitute a “Loan Document” for all purposes of the Credit Amended Agreement and the other Loan Documents.
(c) The changes to the definition of “Applicable Margin” in Section 1.01 of the Amended Agreement effected pursuant to this Amendment and Restatement Agreement shall apply and be effective on and after the Restatement Effective Date. The definition of “Applicable Margin” in Section 1.01 of the Existing Credit Agreement shall apply and be effective for the period ending on, but not including, the Restatement Effective Date.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)