Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment and (ii) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreement, as amended by this Amendment. (b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, (ii) acknowledges and agrees that the grants of security interests by the Loan Parties contained in the Loan Documents (including, without limitation, the Security Agreement and the other Security Documents) are, and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the Loans. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) On and after the effectiveness of this Amendment, this Amendment shall constitute a “Loan Document” for all purposes of the Loan Agreement and the other Loan Documents.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Second Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall will mean and be a reference to the Amended Credit Agreement, as amended by this Amendment and ; (ii) all references the 2019 Incremental Revolving Loans will constitute “Incremental Revolving Loans,” “Additional Revolving Loans”, “Initial Revolving Loans” (other than for purposes of the Recitals and Section 2.01(a) of the Credit Agreement) and “Revolving Loans”; (iii) the 2019 Incremental Revolving Credit Commitments will constitute “Additional Revolving Credit Commitments”, “Initial Revolving Credit Commitments” (other than for purposes of Section 2.01(a) of the Credit Agreement) and “Commitments”; (iv) each 2019 Incremental Revolving Lender shall constitute a “Lender”, an “Initial Revolving Lender”, a “Secured Party” and an “Additional Revolving Lender”, in each of case as defined in the Loan Documents referring Credit Agreement and (v) each reference to the Credit Agreement shall in any Loan Document will be deemed to be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Second Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, (i) the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Loan Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, Second Amendment and (ii) acknowledges neither the modification of the Credit Agreement effected pursuant to this Second Amendment nor the execution, delivery, performance or effectiveness of this Second Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and agrees that such Liens shall continue unimpaired with the grants same priority to secure repayment of security interests by the Loan Parties contained in the Loan Documents all Secured Obligations (including, without limitation, the Security Agreement and the other Security Documents) are2019 Incremental Revolving Loans), and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration heretofore or otherwise) of principal and interest on, and premium (if any) on, the Loanshereafter incurred.
(c) The execution, delivery and effectiveness of this Second Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Second Amendment Effective Date, this Second Amendment shall for all purposes constitute a Loan Document.
(d) On and after the effectiveness of this Amendment, this This Second Amendment shall not constitute a “novation of the Credit Agreement or any other Loan Document” for all purposes of the Loan Agreement .
(e) This Second Amendment and the other Loan DocumentsDocuments 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, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(f) This Second Amendment may not be amended, modified or waived except pursuant to a writing signed by each of the parties hereto.
Appears in 1 contract
Sources: First Lien Credit Agreement (Shift4 Payments, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment No. 4 Effective Dateeffectiveness of this Amendment, (i) each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by, and after giving effect to, this Amendment (the Credit Agreement, as so amended, the “Amended Credit Agreement”).
(b) Each Loan Document, after giving effect to this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed, except that, on and after the effectiveness of this Amendment, each reference in each of the Loan Documents (including the Security Agreement, each Guaranty and the other Collateral Documents) to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment by, and (ii) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreementafter giving effect to, as amended by this Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of (as defined in the Credit Parties, as amended by this Amendment. Each Security Agreement) of the Loan Parties under the Loan Documents, as amended by, and after giving effect to, this Amendment, in each case subject to the terms thereof.
(c) Each Loan Party party hereto hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured PartiesLoan Documents to which it is a party, (ii) acknowledges ratifies and agrees that reaffirms each grant of a lien on, or security interest in, its property made pursuant to the grants of security interests by the Loan Parties contained in the Loan Collateral Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement Agreement) and the other Security Documents) are, confirms that such liens and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall security interests continue to secure the Secured Obligations under the Loan Documents, including, without limitation, all Obligations resulting from or incurred pursuant to the this Amendment, in each case subject to the terms thereof, and (iii) agrees that in the case of Holdings, ratifies and reaffirms its guaranty of the Obligations include, among other things and without limitation, pursuant to the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the LoansGuaranty to which it is a party.
(cd) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Loan Documents, nor or constitute a waiver of any provision of any of the Loan Documents.
(d) On and after the effectiveness of this Amendment, this Amendment shall constitute a “Loan Document” for all purposes of the Loan Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (J Crew Group Inc)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment No. 4 Effective Dateeffectiveness of this Amendment, (i) each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by, and after giving effect to, this Amendment (the Credit Agreement, as so amended, the “Amended Credit Agreement”).
(b) Each Loan Document, after giving effect to this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed, except that, on and after the effectiveness of this Agreement, each reference in each of the Loan Documents (including the Security Agreement, each Guaranty and the other Collateral Documents) to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment by, and (ii) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreementafter giving effect to, as amended by this Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Parties, as amended by this Amendment. Each of the Loan Parties under the Loan Documents, as amended by, and after giving effect to, this Amendment, in each case subject to the terms thereof.
(c) Each Loan Party party hereto hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured PartiesLoan Documents to which it is a party, (ii) acknowledges ratifies and agrees that reaffirms each grant of a lien on, or security interest in, its property made pursuant to the grants of security interests by the Loan Parties contained in the Loan Collateral Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement Agreement) and the other Security Documents) are, confirms that such liens and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall security interests continue to secure the Secured Obligations under the Loan Documents, including, without limitation, all Obligations resulting from or incurred pursuant to the this Amendment, in each case subject to the terms thereof, and (iii) agrees that in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations include, among other things and without limitation, pursuant to the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the LoansGuaranty to which it is a party.
(cd) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent any Lender or any Lender Agent under any of the Loan Documents, nor or constitute a waiver of any provision of any of the Loan Documents.
(d) On and after the effectiveness of this Amendment, this Amendment shall constitute a “Loan Document” for all purposes of the Loan Agreement and the other Loan Documents.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Third Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall will mean and be a reference to the Amended Credit Agreement, as amended by this Amendment and ; (ii) all references the 2019-1 Incremental Term Loans will constitute “Incremental Term Loans,” “Additional Term Loans”, “Initial Term Loans” (other than for purposes of the Recitals, Section 2.01(a), Section 2.10(b), Section 4.01(f) and the third sentence of Section 5.11 of the Credit Agreement) and “Term Loans”; (iii) the 2019-1 Incremental Term Loan Commitments will constitute “Additional Term Loan Commitments”, “Initial Term Loan Commitments” (other than for purposes of Section 2.01(a) of the Credit Agreement) and “Commitments”; the 2019-1 Incremental Term Loan Lender shall constitute a “Lender”, an “Initial Term Lender”, a “Secured Party” and an “Additional Term Lender”, in each of case as defined in the Loan Documents referring Credit Agreement and each reference to the Credit Agreement shall in any Loan Document will be deemed to be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Third Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, (i) the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Loan Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, Third Amendment and (ii) acknowledges neither the modification of the Credit Agreement effected pursuant to this Third Amendment nor the execution, delivery, performance or effectiveness of this Third Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and agrees that such Liens shall continue unimpaired with the grants same priority to secure repayment of security interests by the Loan Parties contained in the Loan Documents all Secured Obligations (including, without limitation, the Security Agreement and the other Security Documents) are2019-1 Incremental Term Loans), and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration heretofore or otherwise) of principal and interest on, and premium (if any) on, the Loanshereafter incurred.
(c) The execution, delivery and effectiveness of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Third Amendment Effective Date, this Third Amendment shall for all purposes constitute a Loan Document.
(d) On and after the effectiveness of this Amendment, this This Third Amendment shall not constitute a “novation of the Credit Agreement or any other Loan Document” for all purposes of the Loan Agreement .
(e) This Third Amendment and the other Loan DocumentsDocuments 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, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(f) This Third Amendment may not be amended, modified or waived except pursuant to a writing signed by each of the parties hereto.
Appears in 1 contract
Sources: First Lien Credit Agreement (Shift4 Payments, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment No. 4 Effective Dateeffectiveness of this Amendment, (i) each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Credit Agreement shall mean Agreement, and be a each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, as amended by this Amendment shall mean and (ii) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreement, as amended by this Amendment.
(ba) The Credit Agreement and each of the other Loan DocumentsAgreement, as specifically amended by this Amendment, are is and shall continue to be in full force and effect and are is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit PartiesLoan Parties under the Loan Documents, in each case, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, (ii) acknowledges and agrees that the grants of security interests by the Loan Parties contained in the Loan Documents (including, without limitation, the Security Agreement and the other Security Documents) are, and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the Loans.
(cb) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) . On and after the effectiveness of this Amendment, this Amendment shall constitute a “Loan Document” for all purposes constitute a Loan Document.
(c) Each Loan Party hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Agreement Documents to which it is a party, (ii) ratifies and reaffirms each grant of a lien on, or security interest in, its property made pursuant to the other Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents, subject to the terms thereof and (iii) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations pursuant to the Guaranty.
Appears in 1 contract
Sources: Credit Agreement (Catalent, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Second Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment and Second Amendment; (ii) all references the 2017 Incremental Term Loans shall constitute “Incremental Term Loans,” “Additional Term Loans”, “Initial Term Loans” (other than for purposes of the Recitals, Section 2.01(a), Section 4.01(f) and the third sentence of Section 5.11 of the Credit Agreement) and “Term Loans”; (iii) each 2017 Incremental Term Loan Commitment shall constitute an “Additional Term Loan Commitment”, an “Initial Term Loan Commitment” (other than for purposes of Section 2.01(a) of the Credit Agreement) and a “Commitment”; (iv) the 2017 Incremental Term Loan Lender shall constitute a “Lender”, an “Initial Term Lender”, a “Secured Party” and an “Additional Term Lender”, in each of case as defined in the Loan Documents referring Credit Agreement and (v) each reference to the Credit Agreement in any Loan Document shall be deemed to be a reference to the Credit Agreement, as amended by this Second Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Second Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, (i) the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Loan Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, Second Amendment and (ii) acknowledges neither the modification of the Credit Agreement effected pursuant to this Second Amendment nor the execution, delivery, performance or effectiveness of this Second Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and agrees that such Liens shall continue unimpaired with the grants same priority to secure repayment of security interests by the Loan Parties contained in the Loan Documents all Secured Obligations (including, without limitation, the Security Agreement and the other Security Documents) are2017 Incremental Term Loans), and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration heretofore or otherwise) of principal and interest on, and premium (if any) on, the Loanshereafter incurred.
(c) The execution, delivery and effectiveness of this Second Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Second Amendment Effective Date, this Second Amendment shall for all purposes constitute a Loan Document.
(d) On and after the effectiveness of this Amendment, this This Second Amendment shall not constitute a “novation of the Credit Agreement or any other Loan Document” for all purposes of the Loan Agreement .
(e) This Second Amendment 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, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(f) This Second Amendment may not be amended, modified or waived except pursuant to a writing signed by each of the parties hereto.
(g) The Borrower hereby expressly acknowledges the terms of this Second Amendment and reaffirms, as of the date hereof and as of the Second Amendment Effective Date, (i) the covenants, pledges, grants of Liens and agreements or other commitments contained in each Loan Document to which it is a party, including, in each case, such covenants, pledges, grants of Liens and agreements or other commitments as in effect immediately after giving effect to this Second Amendment and the transactions contemplated hereby, (ii) its grant of Liens on the Collateral to secure the Secured Obligations (including, without limitation, the Secured Obligations with respect to the 2017 Incremental Term Loans) pursuant to the Collateral Documents, and (iii) that (A) each Loan Document to which it is a party shall continue to be in full force and effect and (B) all guarantees, pledges, grants of Liens, covenants, agreements and other commitments by such Loan Party under the Loan Documents shall continue to be in full force and effect and shall accrue to the benefit of the Secured Parties and shall not be affected, impaired or discharged hereby or by the transactions contemplated in this Second Amendment.
Appears in 1 contract
Sources: First Lien Credit Agreement (ATI Physical Therapy, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Second Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof”, “herein” or words of like import referring to the Credit Agreement Agreement, and each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, Agreement as amended by this Amendment and (ii) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreement, as amended by this Second Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Second Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, (ii) acknowledges and agrees that the grants of security interests by the Loan Parties contained in the Loan Documents (including, without limitation, the Security Agreement and the other Security Documents) are, and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the Loans.
(c) The execution, delivery and effectiveness of this Second Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) On and after the effectiveness of this Second Amendment, this Second Amendment shall constitute a “Loan Document” for all purposes of the Loan Credit Agreement and the other Loan Documents.
(e) On and after the Second Amendment Effective Date, for purposes of the Credit Agreement and the other Loan Documents, (i) the 2019 Refinancing Revolving Commitments shall constitute “Revolving Commitments”, “Other Revolving Commitments”, “Revolving Refinancing Indebtedness” and the “Revolving Facility” and (ii) the 2019 Refinancing Revolving Lenders shall constitute “Revolving Lenders” and “Lenders” and (iii) each 2019 Refinancing Revolving Loan shall constitute a “Loan” and “Revolving Loans”.
Appears in 1 contract
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the First Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment and First Amendment; (ii) all references the 2016 Incremental Term Loans shall constitute “Incremental Term Loans,” “Additional Term Loans”, “Initial Term Loans” (other than for purposes of the Recitals, Section 2.01(a), Section 4.01(f) and the third sentence of Section 5.11 of the Credit Agreement) and “Term Loans”; (iii) each 2016 Incremental Term Loan Commitment shall constitute an “Additional Term Loan Commitment”, an “Initial Term Loan Commitment” (other than for purposes of Section 2.01(a) of the Credit Agreement) and a “Commitment”; (iv) the 2016 Incremental Term Loan Lender shall constitute a “Lender”, an “Initial Term Lender”, a “Secured Party” and an “Additional Term Lender”, in each of case as defined in the Loan Documents referring Credit Agreement and (v) each reference to the Credit Agreement in any Loan Document shall be deemed to be a reference to the Credit Agreement, as amended by this First Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this First Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, (i) the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Loan Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, First Amendment and (ii) acknowledges neither the modification of the Credit Agreement effected pursuant to this First Amendment nor the execution, delivery, performance or effectiveness of this First Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and agrees that such Liens shall continue unimpaired with the grants same priority to secure repayment of security interests by the Loan Parties contained in the Loan Documents all Secured Obligations (including, without limitation, the Security Agreement and the other Security Documents) are2016 Incremental Term Loans), and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration heretofore or otherwise) of principal and interest on, and premium (if any) on, the Loanshereafter incurred.
(c) The execution, delivery and effectiveness of this First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the First Amendment Effective Date, this First Amendment shall for all purposes constitute a Loan Document.
(d) On and after the effectiveness of this Amendment, this This First Amendment shall not constitute a “novation of the Credit Agreement or any other Loan Document” for all purposes of the Loan Agreement .
(e) This First Amendment 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, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(f) This First Amendment may not be amended, modified or waived except pursuant to a writing signed by each of the parties hereto.
(g) The Borrower hereby expressly acknowledges the terms of this First Amendment and reaffirms, as of the date hereof and as of the First Amendment Effective Date, (i) the covenants, pledges, grants of Liens and agreements or other commitments contained in each Loan Document to which it is a party, including, in each case, such covenants, pledges, grants of Liens and agreements or other commitments as in effect immediately after giving effect to this First Amendment and the transactions contemplated hereby, (ii) its grant of Liens on the Collateral to secure the Secured Obligations (including, without limitation, the Secured Obligations with respect to the 2016 Incremental Term Loans) pursuant to the Collateral Documents, and (iii) that (A) each Loan Document to which it is a party shall continue to be in full force and effect and (B) all guarantees, pledges, grants of Liens, covenants, agreements and other commitments by such Loan Party under the Loan Documents shall continue to be in full force and effect and shall accrue to the benefit of the Secured Parties and shall not be affected, impaired or discharged hereby or by the transactions contemplated in this First Amendment.
Appears in 1 contract
Sources: First Lien Credit Agreement (ATI Physical Therapy, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Fourth Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall will mean and be a reference to the Amended Credit Agreement, as amended by this Amendment Agreement and (ii) all references in each of the Loan Documents referring reference to the Credit Agreement shall in any Loan Document will be deemed to be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Fourth Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, except as expressly set forth in Section 6, (i) the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Loan Parties, as amended by this Fourth Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, and (ii) acknowledges and agrees that neither the grants modification of security interests by the Loan Parties contained in the Loan Documents (including, without limitation, the Security Credit Agreement and the other Security Documents) are, and shall remain, in full force and effect after giving effect effected pursuant to this Agreement Fourth Amendment nor the execution, delivery, performance or effectiveness of this Fourth Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and such Liens shall continue unimpaired with the same priority to secure the Obligations and (iii) agrees that the Obligations includerepayment of all Secured Obligations, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration heretofore or otherwise) of principal and interest on, and premium (if any) on, the Loanshereafter incurred.
(c) The execution, delivery and effectiveness of this Fourth Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) , in each case, except as expressly provided herein. On and after the effectiveness of this AmendmentFourth Amendment Effective Date, this Fourth Amendment shall constitute a “Loan Document” for all purposes of the constitute a Loan Agreement and the other Loan DocumentsDocument.
Appears in 1 contract
Sources: First Lien Credit Agreement (Shift4 Payments, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Fifth Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment and (ii) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreement, as amended by this Amendment.
(b) The Credit Agreement and each of the other Loan Documents, Except as specifically amended by this Amendment, are the Credit Agreement and the other Loan Documents shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, (ii) acknowledges and agrees that the grants of security interests by the Loan Parties contained in the Loan Documents (including, without limitation, the Security Agreement and the other Security Documents) are, and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the Loans.
(c) The execution, delivery and effectiveness performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of the Administrative any Agent or any Lender under under, the Credit Agreement or any of the Loan Documents, nor constitute a waiver of any provision of any of the other Loan Documents.
(d) On and after the effectiveness of this Amendment, this This Amendment shall constitute a “Loan Document” Document for all purposes of the Loan Credit Agreement and shall be administered and construed pursuant to the other Loan Documentsterms of the Credit Agreement.
(e) Notwithstanding anything to the contrary in this Amendment, the Replacement Loans of each Consenting Lender and Replacement Lender on and after the Fifth Amendment Effective Date shall constitute a new tranche of “Loans” under the Credit Agreement, provided that initially, the Replacement Loans shall have Interest Periods (the duration of which may be less than one month) that are the same as the Interest Periods applicable to the Existing Loans immediately prior to the Fifth Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Fly Leasing LTD)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the First Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “"this Agreement,” “", "hereunder,” “", "hereof” ", "herein" or words of like import referring to the Credit Agreement and each reference in the other Loan Documents to the "Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, Agreement as amended by this Amendment and hereby.
(ii) all references in each of the Loan Documents referring to the Credit Agreement shall be deemed to be a reference to the Credit Agreement, as amended by this Amendment.
(b) The Credit Agreement and each of the other Loan Documents, Except as specifically amended by this Amendment, are the Credit Agreement and the other Loan Documents shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. Without limiting ; provided, however, that the generality Lenders party hereto do hereby authorize the Administrative Agent to enter into, and the Borrower hereby covenants and agrees to execute and deliver within 10 days (or such longer number of days as the foregoingAdministrative Agent may permit in its sole discretion) after the First Amendment Effective Date, amendments and supplements, in form and substance satisfactory to the Security Documents and all Administrative Agent in its reasonable discretion, of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, (ii) acknowledges and agrees that the grants of security interests by the Loan Parties contained in the Loan Documents (including, without limitation, amendments to the Security Agreement and the other Security Documents) areMortgages in recordable form, and shall remainamended title insurance policies), and to pay all filing and recording fees, title insurance premiums, and other reasonable costs, in each case to the extent necessary or desireable (as determined reasonably by the Administrative Agent) to ensure that the perfected Lien of the Administrative Agent as agent for and representative of the Lenders will continue to secure the full force and effect amount of all Obligations after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the LoansAmendment.
(ciii) The execution, delivery and effectiveness performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under the Credit Agreement or any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) On and after the effectiveness of this Amendment, this Amendment shall constitute a “Loan Document” for all purposes of the Loan Agreement and the other Loan Documents.
Appears in 1 contract
Sources: Credit Agreement (Brand Services)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Fifth Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment and Fifth Amendment; (ii) all references the 2018 Incremental Term Loans shall constitute “Incremental Term Loans,” “Additional Term Loans”, “Initial Term Loans” (other than for purposes of the Recitals, Section 2.01(a), Section 4.01(f) and the third sentence of Section 5.11 of the Credit Agreement) and “Term Loans”; (iii) each 2018 Incremental Term Loan Commitment shall constitute an “Additional Term Loan Commitment”, an “Initial Term Loan Commitment” (other than for purposes of Section 2.01(a) of the Credit Agreement) and a “Commitment”; (iv) the 2018 Incremental Term Loan Lender shall constitute a “Lender”, an “Initial Term Lender”, a “Secured Party” and an “Additional Term Lender”, in each of case as defined in the Loan Documents referring Credit Agreement and (v) each reference to the Credit Agreement in any Loan Document shall be deemed to be a reference to the Credit Agreement, as amended by this Fifth Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Fifth Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, (i) the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Loan Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, Fifth Amendment and (ii) acknowledges neither the modification of the Credit Agreement effected pursuant to this Fifth Amendment nor the execution, delivery, performance or effectiveness of this Fifth Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and agrees that such Liens shall continue unimpaired with the grants same priority to secure repayment of security interests by the Loan Parties contained in the Loan Documents all Secured Obligations (including, without limitation, the Security Agreement and the other Security Documents) are2018 Incremental Term Loans), and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration heretofore or otherwise) of principal and interest on, and premium (if any) on, the Loanshereafter incurred.
(c) The execution, delivery and effectiveness of this Fifth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Fifth Amendment Effective Date, this Fifth Amendment shall for all purposes constitute a Loan Document.
(d) On and after the effectiveness of this Amendment, this This Fifth Amendment shall not constitute a “novation of the Credit Agreement or any other Loan Document” for all purposes of the Loan Agreement .
(e) This Fifth Amendment 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, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(f) This Fifth Amendment may not be amended, modified or waived except pursuant to a writing signed by each of the parties hereto.
(g) The Borrower hereby expressly acknowledges the terms of this Fifth Amendment and reaffirms, as of the date hereof and as of the Fifth Amendment Effective Date, (i) the covenants, pledges, grants of Liens and agreements or other commitments contained in each Loan Document to which it is a party, including, in each case, such covenants, pledges, grants of Liens and agreements or other commitments as in effect immediately after giving effect to this Fifth Amendment and the transactions contemplated hereby, (ii) its grant of Liens on the Collateral to secure the Secured Obligations (including, without limitation, the Secured Obligations with respect to the 2018 Incremental Term Loans) pursuant to the Collateral Documents, and (iii) that (A) each Loan Document to which it is a party shall continue to be in full force and effect and (B) all guarantees, pledges, grants of Liens, covenants, agreements and other commitments by such Loan Party under the Loan Documents shall continue to be in full force and effect and shall accrue to the benefit of the Secured Parties and shall not be affected, impaired or discharged hereby or by the transactions contemplated in this Fifth Amendment.
Appears in 1 contract
Sources: First Lien Credit Agreement (ATI Physical Therapy, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Fourth Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment and Fourth Amendment; (ii) all references the August 2017 Incremental Term Loans shall constitute “Incremental Term Loans,” “Additional Term Loans”, “Initial Term Loans” (other than for purposes of the Recitals, Section 2.01(a), Section 4.01(f) and the third sentence of Section 5.11 of the Credit Agreement) and “Term Loans”; (iii) each August 2017 Incremental Term Loan Commitment shall constitute an “Additional Term Loan Commitment”, an “Initial Term Loan Commitment” (other than for purposes of Section 2.01(a) of the Credit Agreement) and a “Commitment”; (iv) the August 2017 Incremental Term Loan Lender shall constitute a “Lender”, an “Initial Term Lender”, a “Secured Party” and an “Additional Term Lender”, in each of case as defined in the Loan Documents referring Credit Agreement and (v) each reference to the Credit Agreement in any Loan Document shall be deemed to be a reference to the Credit Agreement, as amended by this Fourth Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this Fourth Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, (i) the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Loan Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, Fourth Amendment and (ii) acknowledges neither the modification of the Credit Agreement effected pursuant to this Fourth Amendment nor the execution, delivery, performance or effectiveness of this Fourth Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and agrees that such Liens shall continue unimpaired with the grants same priority to secure repayment of security interests by the Loan Parties contained in the Loan Documents all Secured Obligations (including, without limitation, the Security Agreement and the other Security Documents) areAugust 2017 Incremental Term Loans), and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration heretofore or otherwise) of principal and interest on, and premium (if any) on, the Loanshereafter incurred.
(c) The execution, delivery and effectiveness of this Fourth Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. This Fourth Amendment shall for all purposes constitute a Loan Document.
(d) On and after the effectiveness of this Amendment, this This Fourth Amendment shall not constitute a “novation of the Credit Agreement or any other Loan Document” for all purposes of the Loan Agreement .
(e) This Fourth Amendment 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, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(f) This Fourth Amendment may not be amended, modified or waived except pursuant to a writing signed by each of the parties hereto.
(g) The Borrower hereby expressly acknowledges the terms of this Fourth Amendment and reaffirms, as of the date hereof and as of the Fourth Amendment Effective Date, (i) the covenants, pledges, grants of Liens and agreements or other commitments contained in each Loan Document to which it is a party, including, in each case, such covenants, pledges, grants of Liens and agreements or other commitments as in effect immediately after giving effect to this Fourth Amendment and the transactions contemplated hereby, (ii) its grant of Liens on the Collateral to secure the Secured Obligations (including, without limitation, the Secured Obligations with respect to the August 2017 Incremental Term Loans) pursuant to the Collateral Documents, and (iii) that (A) each Loan Document to which it is a party shall continue to be in full force and effect and (B) all guarantees, pledges, grants of Liens, covenants, agreements and other commitments by such Loan Party under the Loan Documents shall continue to be in full force and effect and shall accrue to the benefit of the Secured Parties and shall not be affected, impaired or discharged hereby or by the transactions contemplated in this Fourth Amendment.
Appears in 1 contract
Sources: First Lien Credit Agreement (ATI Physical Therapy, Inc.)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment No. 4 First Increase Joinder Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment and First Increase Joinder; (ii) all references the 2014 Incremental Revolving Loans shall constitute “Incremental Revolving Loans,” “Revolving Loans,” and “Loans”, in each of the Loan Documents referring to case, as defined in the Credit Agreement Agreement; (iii) the 2014 Incremental Revolving Commitments shall be deemed to be constitute an “Incremental Revolving Commitment,” and a reference to “Revolving Commitment” and “Commitment”, in each case, as defined in the Credit Agreement, (iv) each Incremental Revolving Lender shall constitute a “Revolving Lender,” “Lender” and an “Eligible Assignee”, in each case, as amended by defined in the Credit Agreement, (v) this AmendmentFirst Increase Joinder shall constitute an “Increase Joinder” as defined in the Credit Agreement and (vi) the First Increase Joinder Effective Date shall constitute an “Increase Effective Date” as defined in the Credit Agreement.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this AmendmentFirst Increase Joinder, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, (ii) acknowledges and agrees that the grants of security interests by the Loan Parties contained in the Loan Documents (including, without limitation, the Security Agreement and the other Security Documents) are, and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration or otherwise) of principal and interest on, and premium (if any) on, the Loans.
(c) The This First Increase Joinder is limited to the matters specified herein and the execution, delivery and effectiveness of this Amendment First Increase Joinder shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.
(d) . On and after the effectiveness of this AmendmentFirst Increase Joinder Effective Date, this Amendment First Increase Joinder shall constitute a “Loan Document” for all purposes of the constitute a Loan Agreement and the other Loan DocumentsDocument.
Appears in 1 contract
Sources: Credit Agreement (Medassets Inc)
Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the First Amendment No. 4 Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall will mean and be a reference to the Amended Credit Agreement, as amended by this Amendment and ; (ii) all references the 2019 Incremental Term Loans will constitute “Incremental Term Loans,” “Additional Term Loans”, “Initial Term Loans” (other than for purposes of the Recitals, Section 2.01(a), Section 2.10(b), Section 4.01(f) and the third sentence of Section 5.11 of the Credit Agreement) and “Term Loans”; (iii) the 2019 Incremental Term Loan Commitments will constitute “Additional Term Loan Commitments”, “Initial Term Loan Commitments” (other than for purposes of Section 2.01(a) of the Credit Agreement) and “Commitments”; (iv) the 2019 Incremental Term Loan Lender shall constitute a “Lender”, an “Initial Term Lender”, a “Secured Party” and an “Additional Term Lender”, in each of case as defined in the Loan Documents referring Credit Agreement and (v) each reference to the Credit Agreement shall in any Loan Document will be deemed to be a reference to the Amended Credit Agreement, as amended by this Amendment.
(b) The Credit Agreement and each of the other Loan Documents, as specifically amended by this First Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, (i) the Security Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Secured Obligations of the Credit Loan Parties, as amended by this Amendment. Each of the Loan Parties hereby (i) reaffirms each Lien granted by such Loan Party to the Collateral Agent for the benefit of the Secured Parties, First Amendment and (ii) acknowledges neither the modification of the Credit Agreement effected pursuant to this First Amendment nor the execution, delivery, performance or effectiveness of this First Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and agrees that such Liens shall continue unimpaired with the grants same priority to secure repayment of security interests by the Loan Parties contained in the Loan Documents all Secured Obligations (including, without limitation, the Security Agreement and the other Security Documents) are2019 Incremental Term Loans), and shall remain, in full force and effect after giving effect to this Agreement and the transactions 4896-1326-3330 v.2 |US-DOCS\153420180.16|| contemplated hereby and shall continue to secure the Obligations and (iii) agrees that the Obligations include, among other things and without limitation, the prompt and complete payment and performance by the Borrower when due and payable (whether at the stated maturity, by acceleration heretofore or otherwise) of principal and interest on, and premium (if any) on, the Loanshereafter incurred.
(c) The execution, delivery and effectiveness of this First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the First Amendment Effective Date, this First Amendment shall for all purposes constitute a Loan Document.
(d) On and after the effectiveness of this Amendment, this This First Amendment shall not constitute a “novation of the Credit Agreement or any other Loan Document” for all purposes of the Loan Agreement .
(e) This First Amendment and the other Loan DocumentsDocuments 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, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(f) This First Amendment may not be amended, modified or waived except pursuant to a writing signed by each of the parties hereto.
Appears in 1 contract
Sources: First Lien Credit Agreement (Shift4 Payments, Inc.)