Effect on Existing Credit Agreement. Borrowers, Agent and Lenders agree that on and after the date that this Agreement is executed by all parties hereto, (a) this Agreement shall amend, restate in its entirety and replace, without notation, the Existing Credit Agreement, (b) all obligations of the Japanese Lenders to make additional Japanese Loans to LLJS under the Existing Credit Agreement shall be terminated and (c) the LSI Guaranty shall remain in full force and effect with respect to this Agreement and the obligations of LLJS hereunder; provided, however, that nothing contained herein shall (i) operate as a waiver of any right, power or remedy of Agent or any Lender under the Existing Credit Agreement or any related document, instrument or agreement or (ii) extinguish or impair any obligations of either Borrower under the Existing Credit Agreement or any related document, instrument or agreement except to the extent any such obligation is actually satisfied by such Borrower; and provided, further, that all Loans outstanding under the Existing Credit Agreement shall remain outstanding and shall be deemed to have been made under this Agreement on a pro rata basis by the Lenders hereunder in accordance with their respective Proportionate Shares for the applicable category of Loan. [The first signature page follows.]
Appears in 1 contract
Sources: Credit Agreement (Lsi Logic Corp)
Effect on Existing Credit Agreement. Borrowers, Agent and Lenders agree that on and after the date that this Agreement is executed by all parties heretoBorrowers and the Required Lenders, (a) this Agreement shall amend, restate in its entirety and replace, without notation, the Existing Credit Agreement, (b) all obligations of the Japanese Lenders Notes executed and delivered by LSI shall remain in full force and effect with respect to make additional Japanese the U.S. Loans to LLJS under the Existing Credit Agreement shall be terminated outstanding hereunder and (c) the LSI Guaranty shall remain in full force and effect with respect to this Agreement and the obligations of LLJS hereunder; provided, however, that nothing contained herein shall (i) operate as a waiver of any right, power or remedy of Agent or any Lender under the Existing Credit Agreement or any related document, instrument or agreement or (ii) extinguish or impair any obligations of either Borrower under the Existing Credit Agreement or any related document, instrument or agreement except to the extent any such obligation is actually satisfied by such Borrower; and provided, further, that all Loans outstanding under the Existing Credit Agreement shall remain outstanding and shall be deemed to have been made under this Agreement on a pro rata basis by the Lenders hereunder in accordance with their respective Proportionate Shares for the applicable category of Loan. [The first signature page follows.]
Appears in 1 contract
Sources: Credit Agreement (Lsi Logic Corp)