Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date with respect to the Loans outstanding under the Existing Credit Agreement as of the Restatement Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.
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Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, shall supersede the Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans outstanding under the Existing Credit Agreement as of the Restatement Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations (except as expressly provided for herein with respect to the repayment of the Existing Term Loans) under the Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.
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Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Credit Agreement from and after the Restatement Date with respect to the Loans outstanding under the Existing Credit Agreement as of the Restatement Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Additional Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment AgreementLoans, (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations (except as otherwise expressly provided for in the Amendment Agreement) and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.
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Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, shall supersede the Existing Credit Agreement from and after the Restatement Date with respect to the transactions hereunder and with respect to the Loans outstanding under the Existing Credit Agreement as of the Restatement Date. The parties hereto acknowledge and agree, however, that that, except to the extent contemplated hereby as expressly provided for herein with respect to the borrowing of the New Term Loans and prepayment of certain the repayment of the Existing Term Loans in accordance with the Amendment AgreementLoans, (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Credit Agreement and the other Loan Documents as in effect prior to the Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.
Appears in 1 contract
Sources: Credit Agreement (Buffets Inc)
Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Amended and Restated Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Amended and Restated Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Amended and Restated Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Administrative Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this AgreementAgreement as amended and restated.
Appears in 1 contract
Sources: Credit Agreement (Avaya Inc)
Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Second Amended and Restated Credit Agreement from and after the Third Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Second Amended and Restated Credit Agreement as of the Third Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Second Amended and Restated Credit Agreement and the other Loan Documents as in effect prior to the Third Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Administrative Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this AgreementAgreement as amended and restated.
Appears in 1 contract
Sources: Credit Agreement (Avaya Inc)
Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Revolving Credit Agreement from and after the Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Revolving Credit Agreement as of the Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (a) this Agreement and all other Loan Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Revolving Credit Agreement and the other Loan Credit Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Credit Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Credit Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing Amended and Restated Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Existing Amended and Restated Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing Amended and Restated Credit Agreement and the other Loan Documents as in effect prior to the Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.
Appears in 1 contract
Sources: Credit Agreement (Freescale Semiconductor Holdings I, Ltd.)
Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Original Credit Agreement and Existing Credit Agreement from and after the Third Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the Original Credit Agreement and Existing Credit Agreement as of the Third Restatement Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (ai) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Original Credit Agreement and Existing Credit Agreement and the other Loan Documents as in effect prior to the Third Restatement Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (ciii) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (div) all references in the other Loan Documents to the Credit this Agreement shall be deemed to refer without further amendment to this Agreement.
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Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the Existing First Lien Credit Agreement from and after the Restatement Closing Date with respect to the Loans Loans, Synthetic LC Deposits and Synthetic Letters of Credit outstanding under the Existing First Lien Credit Agreement as of the Restatement Closing Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby with respect to the borrowing of the New Term Loans and prepayment of certain of the Existing Term Loans in accordance with the Amendment Agreement, (a) this Agreement and all other Loan Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the Existing First Lien Credit Agreement and the other Loan Credit Documents as in effect prior to the Restatement Closing Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Credit Documents, (c) the liens and security interests in favor of the Collateral Agent and/or Joint First Lien Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Credit Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.
Appears in 1 contract
Sources: First Lien Credit and Guaranty Agreement (Movie Gallery Inc)