Common use of Effects of this Amendment Clause in Contracts

Effects of this Amendment. (a) On the Amendment Effective Date, the Existing Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the Amendment Effective Date, by the Existing Credit Agreement and (ii) on and after the Amendment Effective Date, by this Amendment and the Amended Credit Agreement. Once the Amendment Effective Date has occurred, all references to the Existing Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Amended Credit Agreement. (b) Each of Holdings and the Borrowers, on behalf of themselves and each other Loan Party, hereby (i) ratifies and reaffirms all of its payment and performance obligations (including with respect to the Guarantors, the “Guaranteed Obligations”), contingent or otherwise, under each of the Loan Documents to which it is a party, and (ii) ratifies and reaffirms the Guaranteed Obligations, 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 each Loan Party pursuant to each Security Document) and confirms that such Guaranteed Obligations, liens and security interests continue to guarantee and secure the Secured Obligations, in each case, on and subject to the terms and conditions set forth in the Amended Credit Agreement and the other Loan Documents. (c) Other than as specifically provided herein, this Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Existing Credit Agreement or any other Loan Document or of any other term or condition of the Existing Credit Agreement or any other Loan Document, nor shall the entering into of this Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrowers other than pursuant to the strict terms of the Existing Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this Amendment). Except as specifically amended by this Amendment, the Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. (d) This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents and shall be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement (and, following the date hereof, the Amended Credit Agreement). From and after the 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 Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement. (e) This Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document. (f) By its execution and delivery of this Amendment, each Initial Revolving Facility Lender, Issuing Bank and Swingline Lender party hereto hereby (i) authorizes, directs and instructs the Administrative Agent to execute and deliver on its behalf this Amendment, (ii) confirms and ratifies its indemnification obligations set forth in Section 8.07 of the Existing Credit Agreement as applicable to the execution and delivery by the Administrative Agent of this Amendment and the performance of its obligations hereunder, and (iii) acknowledges and agrees that the Administrative Agent shall rely on the foregoing authorization, direction, instruction, confirmation and ratification to execute and deliver this Amendment.

Effects of this Amendment. (a) On the Amendment Effective Date, the Existing Credit Agreement will be automatically amended to reflect the amendments thereto provided for in Section 1.01 of this Amendment. The On and after the Amendment Effective Date, the rights and obligations of the parties hereto shall be governed (i) by the Credit Agreement and the other Senior Finance Documents, as amended by Section 1.01 of this Amendment; provided that the rights and obligations of the parties hereto with respect to the period prior to the Amendment Effective Date, Date shall be governed by the Existing provisions of the Credit Agreement and (ii) on and after the Amendment Effective Date, by this Amendment and the Amended Credit Agreementother Senior Finance Documents. Once the Amendment Effective Date has occurred, all references to the Existing Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Amended Credit AgreementAgreement as amended by Section 1.01 of this Amendment. Promptly after the Amendment Effective Date occurs, the Administrative Agent shall notify the Borrower and the Lenders of the Amendment Effective Date, and such notice shall be conclusive and binding on all parties hereto. (b) Each of Holdings and the Borrowers, on behalf of themselves and each other Loan Party, hereby (i) ratifies and reaffirms all of its payment and performance obligations (including with respect to the Guarantors, the “Guaranteed Obligations”), contingent or otherwise, under each of the Loan Documents to which it is a party, and (ii) ratifies and reaffirms the Guaranteed Obligations, 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 each Loan Party pursuant to each Security Document) and confirms that such Guaranteed Obligations, liens and security interests continue to guarantee and secure the Secured Obligations, in each case, on and subject to the terms and conditions set forth in the Amended Credit Agreement and the other Loan Documents. (c) Other than as specifically provided herein, this Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Existing Credit Agreement or any other Loan Senior Finance Document or of any other term or condition of the Existing Credit Agreement or any other Loan Senior Finance Document, nor shall the entering into of this Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrowers Borrower other than pursuant to the strict terms of the Existing Credit Agreement and the other Loan Senior Finance Documents, as amended or supplemented to date (including by means of this Amendment). Except as specifically amended by this Amendment, the Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. (d) This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents and shall be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement (and, following the date hereof, the Amended Credit Agreement). From and after the 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 Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement. (e) This Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document. (f) By its execution and delivery of this Amendment, each Initial Revolving Facility Lender, Issuing Bank and Swingline Lender party hereto hereby (i) authorizes, directs and instructs the Administrative Agent to execute and deliver on its behalf this Amendment, (ii) confirms and ratifies its indemnification obligations set forth in Section 8.07 of the Existing Credit Agreement as applicable to the execution and delivery by the Administrative Agent of this Amendment and the performance of its obligations hereunder, and (iii) acknowledges and agrees that the Administrative Agent shall rely on the foregoing authorization, direction, instruction, confirmation and ratification to execute and deliver this Amendment.

Effects of this Amendment. (a) On the First Amendment Effective Date, the Existing Credit Agreement will be automatically amended to reflect the amendments amendment thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the Amendment Effective Date, by the Existing Credit Agreement and (ii) on and after the Amendment Effective Date, by this Amendment and the Amended Credit Agreement. Once the First Amendment Effective Date has occurred, all references to the Existing Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Amended Credit AgreementAgreement as amended by this Amendment. (b) Each of Holdings Noranda Intermediate Holding Corporation acknowledges and agrees that it is currently, and at all times since the BorrowersClosing Date has been, on behalf of themselves a Borrower, and each other Loan Partyfully bound by, hereby (i) ratifies and reaffirms subject to, all of its payment and performance the covenants, terms, obligations (including with respect to the Guarantors, the “Guaranteed Obligations”), contingent or otherwise, under each of the Loan Documents to which it is a party, and (ii) ratifies and reaffirms the Guaranteed Obligations, 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 each Loan Party pursuant to each Security Documentall payment obligations) and confirms that such Guaranteed Obligations, liens and security interests continue to guarantee and secure conditions of the Secured Obligations, in each case, on and subject to the terms and conditions set forth in the Amended Credit Agreement and the other Loan DocumentsDocuments which are applicable to it in its capacity as a Borrower and party to the Credit Agreement, and each of Holdings, the Company and the other Borrowers hereby acknowledges and agrees to the foregoing. (c) Other than as specifically provided herein, this Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Existing Credit Agreement or any other Loan Document or of any other term or condition of the Existing Credit Agreement or any other Loan Document, nor shall the entering into of this Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrowers Borrower other than pursuant to the strict terms of the Existing Credit Agreement and the other Loan Documents, as amended or supplemented to date (including by means of this Amendment). Except as specifically amended by this Amendment, the Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. (d) This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents and shall be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement (and, following the date hereof, the Amended Credit Agreement). From and after the 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 Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement. (e) This Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document. (f) By its execution and delivery of this Amendment, each Initial Revolving Facility Lender, Issuing Bank and Swingline Lender party hereto hereby (i) authorizes, directs and instructs the Administrative Agent to execute and deliver on its behalf this Amendment, (ii) confirms and ratifies its indemnification obligations set forth in Section 8.07 of the Existing Credit Agreement as applicable to the execution and delivery by the Administrative Agent of this Amendment and the performance of its obligations hereunder, and (iii) acknowledges and agrees that the Administrative Agent shall rely on the foregoing authorization, direction, instruction, confirmation and ratification to execute and deliver this Amendment.

Effects of this Amendment. (a) On the Amendment Effective Date, the Existing Credit Agreement and the other Senior Finance Documents will be automatically amended to reflect the amendments thereto provided for in Sections 1.01(a), 1.01(b)(i), 3.01(a) and 3.01(b) of this Amendment. The On and after the Amendment Effective Date, the rights and obligations of the parties hereto shall be governed (iby the Credit Agreement and the other Senior Finance Documents, as amended by Sections 1.01(a), 1.01(b)(i), 3.01(a) and 3.01(b) of this Amendment; provided that the rights and obligations of the parties hereto with respect to the period prior to the Amendment Effective Date, Date shall be governed by the Existing provisions of the Credit Agreement and (ii) on and after the Amendment Effective Date, by this Amendment and the Amended Credit Agreementother Senior Finance Documents. Once the Amendment Effective Date has occurred, all references to the Existing Credit Agreement or to any other Senior Finance Document in any document, instrument, agreement, or writing shall be deemed to refer to the Amended Credit AgreementAgreement or to such other Senior Finance Document, as the case may be, as amended by Sections 1.01(a), 1.01(b)(i), 3.01(a) and 3.01(b) of this Amendment. Promptly after the Amendment Effective Date occurs, the Administrative Agent shall notify the Borrower and the Lenders of the Amendment Effective Date, and such notice shall be conclusive and binding on all parties hereto. (b) Each of Holdings On the Amendment and the Borrowers, on behalf of themselves and each other Loan Party, hereby (i) ratifies and reaffirms all of its payment and performance obligations (including with respect to the GuarantorsAssumption Effective Date, the “Guaranteed Obligations”), contingent or otherwise, under each of the Loan Documents to which it is a party, and (ii) ratifies and reaffirms the Guaranteed Obligations, 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 each Loan Party pursuant to each Security Document) and confirms that such Guaranteed Obligations, liens and security interests continue to guarantee and secure the Secured Obligations, in each case, on and subject to the terms and conditions set forth in the Amended Credit Agreement and the other Loan Senior Finance Documents will be automatically amended to reflect the amendments thereto provided for in this Amendment. On and after the Amendment and Assumption Effective Date, the rights and obligations of the parties hereto shall be governed by the Credit Agreement and the other Senior Finance Documents, as amended by this Amendment; provided that the rights and obligations of the parties hereto with respect to the period after the Amendment Effective Date and prior to the Amendment and Assumption Effective Date shall be governed by the provisions of the Credit Agreement and the other Senior Finance Documents as provided in the second sentence of Section 5.04(a) hereof. Once the Amendment and Assumption Effective Date has occurred, all references to the Credit Agreement or to any other Senior Finance Document in any document, instrument, agreement, or writing shall be deemed to refer to the Credit Agreement or to such other Senior Finance Document, as the case may be, as amended by this Amendment. Promptly after the Amendment and Assumption Effective Date occurs, the Administrative Agent shall notify the Borrower and the Lenders of the Amendment and Assumption Effective Date, and such notice shall be conclusive and binding on all parties hereto. (c) Other than as specifically provided herein, this Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Existing Credit Agreement or any other Loan Senior Finance Document or of any other term or condition of the Existing Credit Agreement or any other Loan Senior Finance Document, nor shall the entering into of this Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrowers Borrower other than pursuant to the strict terms of the Existing Credit Agreement and the other Loan Senior Finance Documents, as amended or supplemented to date (including by means of this Amendment). Except as specifically amended by this Amendment, the Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. (d) This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents and shall be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement (and, following the date hereof, the Amended Credit Agreement). From and after the 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 Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement. (e) This Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document. (f) By its execution and delivery of this Amendment, each Initial Revolving Facility Lender, Issuing Bank and Swingline Lender party hereto hereby (i) authorizes, directs and instructs the Administrative Agent to execute and deliver on its behalf this Amendment, (ii) confirms and ratifies its indemnification obligations set forth in Section 8.07 of the Existing Credit Agreement as applicable to the execution and delivery by the Administrative Agent of this Amendment and the performance of its obligations hereunder, and (iii) acknowledges and agrees that the Administrative Agent shall rely on the foregoing authorization, direction, instruction, confirmation and ratification to execute and deliver this Amendment.

Effects of this Amendment. (a) On This Amendment shall become effective upon the satisfaction of the following conditions (such date, the “Amendment Effective Date, the Existing Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed ”): (i) prior to the Agent shall have received this Amendment Effective Date, duly executed and delivered by the Existing Credit Agreement Borrower, the Guarantors, the Agent and each of the Required Lenders; and (ii) on and after that certain Payoff Letter, dated February 29, 2020 (the Amendment Effective Date“Payoff Letter”), by this Amendment among the Obligors, CIT Northbridge Funding I LLC (“CIT”), the other Lenders, and the Amended Credit Agreement. Once the Amendment Effective Date has occurredAgent, all references to the Existing Credit Agreement in any document, instrument, agreement, or writing shall be deemed effective and the Borrower shall have paid to refer to CIT the Amended Credit AgreementPayoff Amount (as defined in the Payoff Letter) in accordance with the terms thereof. (b) Each of Holdings and the Borrowers, on behalf of themselves and each other Loan Party, hereby (i) ratifies and reaffirms all of its payment and performance obligations (including with respect to the Guarantors, the “Guaranteed Obligations”), contingent or otherwise, under each of the Loan Documents to which it is a party, and (ii) ratifies and reaffirms the Guaranteed Obligations, 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 each Loan Party pursuant to each Security Document) and confirms that such Guaranteed Obligations, liens and security interests continue to guarantee and secure the Secured Obligations, in each case, on and subject to the terms and conditions Except as expressly set forth in the Amended Credit Agreement and the other Loan Documents. (c) Other than as specifically provided herein, this Amendment shall not operate as by implication or otherwise limit, impair, constitute a waiver of or amendment of any right, power or privilege otherwise affect the rights and remedies of the Administrative Lenders or the Agent or any Lender under the Existing Credit Agreement or any other Loan Document or of any other term or condition of the Existing existing Credit Agreement or any other Loan Document, nor and shall the entering into of this Amendment preclude the Administrative Agent and/or not alter, modify, amend or in any Lender from refusing to enter into any further waivers or amendments with respect thereto. This Amendment is not intended by way affect any of the parties hereto to be interpreted as a course of dealing which would terms, conditions, obligations, covenants or agreements contained in the existing Credit Agreement or any way impair the rights or remedies other provision of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrowers other than pursuant to the strict terms of the Existing existing Credit Agreement and the or of any other Loan DocumentsDocument, as amended or supplemented to date (including by means all of this Amendment). Except as specifically amended by this Amendment, the Loan Documents which are ratified and affirmed in all respects and shall remain continue in full force and effect effect. Except as expressly set forth herein, nothing herein shall be deemed to be 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. For the avoidance of doubt, and are hereby ratified and confirmedwithout limiting the foregoing, except as expressly set forth herein, nothing herein shall be construed to waive or modify any of the requirements, restrictions or other provisions with respect to the Borrowing Base (or any of the definitions related thereto) set forth in the Credit Agreement, including without limitation, Section 9.1.6 of the Credit Agreement. (dc) This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents and shall be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement (and, following the date hereof, the Amended Credit Agreement). From and after the 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 Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement. (e) Agreement as amended hereby. This Amendment shall not constitute a novation “Loan Document” for all purposes of the Existing Credit Agreement or any and the other Loan DocumentDocuments. (f) By its execution and delivery of this Amendment, each Initial Revolving Facility Lender, Issuing Bank and Swingline Lender party hereto hereby (i) authorizes, directs and instructs the Administrative Agent to execute and deliver on its behalf this Amendment, (ii) confirms and ratifies its indemnification obligations set forth in Section 8.07 of the Existing Credit Agreement as applicable to the execution and delivery by the Administrative Agent of this Amendment and the performance of its obligations hereunder, and (iii) acknowledges and agrees that the Administrative Agent shall rely on the foregoing authorization, direction, instruction, confirmation and ratification to execute and deliver this Amendment.

Effects of this Amendment. (ai) On the Amendment No. 6 Effective Date, the Existing Credit Agreement will be automatically amended to reflect the amendments thereto provided for in this Amendment. The rights and obligations of the parties hereto shall be governed (i) prior to the Amendment Effective Date, by the Existing Credit Agreement and (ii) on and after the Amendment Effective Date, by this Amendment and the Amended Credit Agreement. Once the Amendment No. 6 Effective Date has occurred, all references to the Existing Credit Agreement in any document, instrument, agreement, or writing shall be deemed to refer to the Amended Credit AgreementAgreement as amended by this Amendment. (b) Each of Holdings and the Borrowers, on behalf of themselves and each other Loan Party, hereby (i) ratifies and reaffirms all of its payment and performance obligations (including with respect to the Guarantors, the “Guaranteed Obligations”), contingent or otherwise, under each of the Loan Documents to which it is a party, and (ii) ratifies and reaffirms the Guaranteed Obligations, 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 each Loan Party pursuant to each Security Document) and confirms that such Guaranteed Obligations, liens and security interests continue to guarantee and secure the Secured Obligations, in each case, on and subject to the terms and conditions set forth in the Amended Credit Agreement and the other Loan Documents. (c) Other than as specifically provided herein, this Amendment shall not operate as a waiver or amendment of any right, power or privilege of the Administrative Agent or any Lender under the Existing Credit Agreement or any other Loan Document or of any other term or condition of the Existing Credit Agreement or any other Loan Document, nor shall the entering into of this Amendment preclude the Administrative Agent and/or any Lender from refusing to enter into any further waivers or amendments with respect thereto. This Amendment is not intended by any of the parties hereto to be interpreted as a course of dealing which would in any way impair the rights or remedies of the Administrative Agent or any Lender except as expressly stated herein, and no Lender shall have any obligation to extend credit to the Borrowers other than pursuant to the strict terms of the Existing Credit Agreement (as amended by this Amendment) and the other Loan Documents. (iii) Each of the Loan Parties hereby consent to this Amendment and hereby (A) restates, as amended or supplemented to date (including by means of this Amendment). Except as specifically amended by this Amendment, ratifies and reaffirms each and every term and condition set forth in the Credit Agreement and the Loan Documents effective as of the Amendment No. 6 Effective Date and as amended hereby and hereby reaffirms its obligations (including the Obligations) under each Loan Document to which it is a party, (B) confirms and agrees that after giving effect to the amendment contemplated hereby, the pledge and security interest in the Collateral granted by it pursuant to the Collateral Documents to which it is a party shall remain continue in full force and effect and are hereby ratified and confirmed. (d) This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents and shall be construed, administered and applied in accordance with all of the terms and provisions of the Existing Credit Agreement (and, following the date hereof, the Amended Credit Agreement). From and after the 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 Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement. (e) This Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document. (f) By its execution and delivery of this Amendment, each Initial Revolving Facility Lender, Issuing Bank and Swingline Lender party hereto hereby (i) authorizes, directs and instructs the Administrative Agent to execute and deliver on its behalf this Amendmenteffect, (ii) confirms and ratifies its indemnification obligations set forth in Section 8.07 of the Existing Credit Agreement as applicable to the execution and delivery by the Administrative Agent of this Amendment and the performance of its obligations hereunder, and (iiiC) acknowledges and agrees that such pledge and security interest in the Administrative Agent Collateral granted by it pursuant to such Collateral Documents shall rely on continue to secure the foregoing authorizationObligations, directionas amended or otherwise affected hereby and (D) reaffirms the continuing validity and enforceability of the guaranty obligations contained in the Credit Agreement and the Loan Documents, instruction, confirmation and ratification to execute and deliver as amended by this Amendment. This Amendment amends the Credit Agreement. As such, this Amendment represents in part a renewal of, and is issued in substitution and exchange for, and not in satisfaction or novation of, the “Obligations” under the Credit Agreement. The “Obligations” under the Credit Agreement are continuing Obligations of the Loan Parties, and nothing herein shall be construed to deem such “Obligations” paid, or to release or terminate any Lien or security interest given to secure such “Obligations” or any guaranty thereof.