Common use of Effect of Fourth Amendment Clause in Contracts

Effect of Fourth Amendment. (a) The provisions of this Fourth Amendment are deemed incorporated as of the Fourth Amendment Effective Date into the Existing Credit Agreement as if fully set forth therein. 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 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 Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Fourth Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Existing Credit Agreement or entitle 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 Existing Credit Agreement or any other Loan Document in similar or different circumstances. This Fourth 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 Fourth 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,” “thereunder,” “thereof,” “therein” or words of like import in any other Loan Document, shall be deemed a reference to the Amended Credit Agreement. This Fourth Amendment shall constitute an Incremental Amendment entered into pursuant to Section 2.16 of the Existing Credit Agreement and a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents. (c) For the avoidance of doubt, there shall be no scheduled repayment or other amortization in respect of the Incremental Term A Loans other than the required repayment on the Maturity Date with respect thereto.

Effect of Fourth Amendment. (a) The provisions of this Fourth Amendment are deemed incorporated as of the Fourth Amendment Effective Date into the Existing Credit Agreement as if fully set forth therein. Except as expressly set forth hereinin this Fourth Amendment or in the Credit Agreement, this Fourth Amendment shall not, not by implication or otherwise, otherwise limit, impair, constitute a waiver of, of or otherwise affect the rights and remedies of, of the Lenders or the Administrative 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 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 Fourth Amendment shall not constitute a novation Without limiting the generality of the Existing Credit Agreement or any other 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 DocumentParties under the Loan Documents (including all Revolving Commitments, the 2018 New Replacement Term B-3 Loans and 2018 Converted Replacement Term B-3 Loans), in each case, as amended by this Fourth Amendment. Nothing herein shall be deemed to establish a precedent for purposes of interpreting entitle the provisions of the Existing Credit Agreement or entitle any Credit Party 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. This Fourth 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 applicable Fourth Amendment Effective Date, each reference in (i) the Existing Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein” ”, or words of like import, and each reference to the “Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import Agreement in any other Loan Document, Document shall be deemed a reference to the Amended Credit AgreementAgreement as modified by this Fourth Amendment. This Fourth Amendment shall constitute an Incremental Amendment entered into pursuant to Section 2.16 of the Existing Credit Agreement and a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents. (c) For This Fourth Amendment, the avoidance of doubtCredit Agreement and the other Loan Documents 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, there shall both written and verbal, among the parties hereto with respect to the subject matter hereof. (d) This Fourth Amendment may not be no scheduled repayment amended, modified or other amortization waived except in respect accordance with Section 11.1 of the Incremental Term A Loans other than the required repayment on the Maturity Date with respect theretoCredit Agreement.