Common use of EFFECTIVE DATE AND CONDITIONS Clause in Contracts

EFFECTIVE DATE AND CONDITIONS. 1. This First Amending Agreement shall become effective as of June 14, 2013 (the “Effective Date”), subject to the fulfilment of all conditions precedent set out herein. 2. On the Effective Date, the Credit Agreement shall be modified by the foregoing amendments. The parties hereto agree that the changes to the Credit Agreement set out herein and the execution hereof shall not constitute novation and all the Security shall continue to apply to the Credit Agreement, as amended hereby, and all other obligations secured thereby. Without limiting the generality of the foregoing and to the extent necessary, (i) the Lenders and the Agent reserve all of their rights under each of the Security Documents, and (ii) each of the Borrower and the Guarantors obligates itself again in respect of all present and future obligations under, inter alia, the Credit Agreement, as amended hereby. 3. The Borrower shall pay all fees and costs, including (a) the fees referred to in the Borrower’s request letter dated May 13, 2013, and (b) legal fees associated with this Agreement incurred by the Agent as contemplated and restricted by the provisions of Section 12.14