Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby. (b) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith. (d) This Amendment is a Loan Document.
Appears in 5 contracts
Sources: Credit and Security Agreement (Sleep Number Corp), Credit and Security Agreement (Sleep Number Corp), Credit and Security Agreement (Sleep Number Corp)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this AmendmentAmendment pursuant to Section 3 hereof, on and after the date hereof, Effective Date each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import and each reference to the Credit Agreement in each other Loan Document shall mean and be a reference to the Credit Agreement, Agreement as amended and modified hereby.
(b) Except as specifically waived or amended aboveherein, all of the terms, conditions and covenants of the Credit Agreement and all the other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) Documents shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of (i) any right, power or remedy of the Administrative Agent any Lender or the Lenders, nor constitute a waiver of any provision of Agent under the Credit Agreement or any other documentsof the Loan Documents, instruments and agreements executed and/or delivered in connection therewithor (ii) any Default or Unmatured Default under the Credit Agreement.
(d) This Amendment is a Loan Document.
Appears in 4 contracts
Sources: Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement (including any reference to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring thereto) or in any other Loan Document shall mean and be a reference to the Credit Agreement, Agreement as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement each Loan Document and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The Except with respect to the subject matter hereof, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement Agreement, the Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 4 contracts
Sources: Credit Agreement, Credit Agreement (Tupperware Brands Corp), Credit Agreement (Ugi Corp /Pa/)
Reference to and Effect on the Credit Agreement. (ai) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(bii) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(ciii) The Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 3 contracts
Sources: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereofAmendment No. 2 Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein” ”, or words of like import import, and each reference to the Credit Agreement in any other Loan Document shall mean and be deemed a reference to the Credit Agreement, Agreement as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement Each Loan Document and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The Except with respect to the subject matter hereof or otherwise confirmed specifically in writing, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent Agent, the Lenders or the LendersBorrower, nor constitute a waiver thereby of any provision of the Credit Agreement Agreement, the Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith, which shall remain unchanged and binding on such parties.
(d) This Amendment is a Loan DocumentDocument under (and as defined in) the Credit Agreement.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Takeda Pharmaceutical Co LTD), 364 Day Bridge Credit Agreement (Takeda Pharmaceutical Co LTD)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on On and after the effective date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, Agreement as amended and modified herebyby Section 1 above.
(b) Except as specifically amended waived or modified above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (includingtherewith, without limitation, all of the Loan Documents) shall remain in full force and effect effect, and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not not, unless and except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent, the European Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith. .
(d) This Amendment is a Loan Document.
Appears in 2 contracts
Sources: Amendment No. 2 to Amended and Restated Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Reference to and Effect on the Credit Agreement. (a) a. Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(b) b. Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Credit Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) c. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the LendersBanks, nor constitute a waiver of any provision of the Amended Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) d. This Amendment is shall constitute a Loan Credit Document.
Appears in 2 contracts
Sources: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 2 contracts
Sources: Credit and Security Agreement (Sleep Number Corp), Credit and Security Agreement (Sleep Number Corp)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Amended Credit Agreement, as amended and modified Agreement after giving effect to the transactions contemplated hereby.
(b) Except as specifically amended above, the Amended Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Amended Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 2 contracts
Sources: Credit Agreement (Quad/Graphics, Inc.), Credit Agreement (Quad/Graphics, Inc.)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this AmendmentSection 1 hereof, on and after the date hereof, each reference in the Credit Agreement or in any other Credit Document (including any reference therein to “this Credit Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring thereto) shall mean and be a reference to the Credit Agreement, Agreement as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect effect, and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement. (ai) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(bii) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(ciii) The Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) . This Amendment is not intended to and shall not constitute a Loan Documentnovation of the Credit Agreement or the obligations created thereunder.
Appears in 1 contract
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement and other Loan Documents (including all guarantees thereunder) and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (Mettler Toledo International Inc/)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this AmendmentSection 1 hereof, on and after the date hereof, each reference in the Credit Agreement to “this Credit Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement Agreement, as amended hereby, and all other documents, instruments and agreements executed and/or delivered in connection therewith (includingtherewith, without limitation, all of the Loan Documents) shall remain in full force and effect effect, and are hereby ratified and confirmed.
(c) The Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (Arvinmeritor Inc)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference to the Credit Agreement in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import any other Loan Document shall mean and be a reference to the Credit Agreement, as amended hereby. This Amendment, the Reaffirmation, and modified herebyany other documents described on Annex IV each constitutes a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.
(b) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(b) Except as specifically amended aboveabove or otherwise expressly provided in this Amendment, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (Smith a O Corp)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on Third Amendment Effective Date and after the date hereofexcept as expressly set forth herein, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein” ’ or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as specifically amended and modified herebyby this Amendment.
(b) Except as specifically amended above, the The Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby reaffirmed, ratified and confirmed.
(c) The Except with respect to the subject matter hereof, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan DocumentDocument under (and as defined in) the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Lam Research Corp)
Reference to and Effect on the Credit Agreement. (ai) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(bii) Except as specifically amended above, the Existing Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(ciii) The Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (Itt Inc.)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement and other Loan Documents (including all guarantees thereunder) and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor nor, except to the extent set forth herein (including Exhibit A hereto), constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, hereof on and after the date hereofAmendment No. 3 Effective Date, each reference in the Credit Agreement to “this Agreement,” the “Credit Agreement,” “hereunder,” “hereof,” “herein,” or words of like import import, and each reference to the Credit Agreement in any other Loan Document shall mean and be a reference to the Credit Agreement, Agreement as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement Each Loan Document and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The Except with respect to the subject matter hereof, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement Agreement, the Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a “Loan Document” under (and as defined in) the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Fiserv Inc)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(b) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Credit Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the LendersBanks, nor constitute a waiver of any provision of the Amended Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is shall constitute a Loan Credit Document.
Appears in 1 contract
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this AmendmentAmendment pursuant to Section 2 above, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, Agreement as amended and modified hereby.
(b) Except as specifically amended aboveor modified by this Amendment, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (includingtherewith, without limitation, all of the Loan Documents) shall remain in full force and effect effect, and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent, any other Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (Cott Corp /Cn/)
Reference to and Effect on the Credit Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof, (i) each reference to the Credit Agreement in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import any other Loan Document shall mean and be a reference to the Credit Agreement, Agreement as amended hereby and modified hereby(ii) each reference to “Agent” in the Credit Agreement or any other Loan Document shall mean and be a reference to JPMorgan in its capacity as successor Agent for the Lenders.
(b) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Credit Agreement (Hillenbrand, Inc.)
Reference to and Effect on the Credit Agreement. (ai) Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement, as amended and modified hereby.
(bii) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith (including, without limitation, all of the Loan Documents) shall remain in full force and effect and are hereby ratified and confirmed.
(ciii) The Except as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent Agent, the Loan Parties or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment is a Loan Document.
Appears in 1 contract
Sources: Incremental Term Loan Amendment (Wisconsin Power & Light Co)