Common use of Reference to and Effect on the Credit Agreement Clause in Contracts

Reference to and Effect on the Credit Agreement. 8.1 Upon the effectiveness of this Amendment, (A) 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 or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except as specifically waived, amended or otherwise modified above, the terms and conditions of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 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 under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 6 contracts

Sources: Credit Agreement (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.)

Reference to and Effect on the Credit Agreement. 8.1 Upon The parties hereto agree and acknowledge that nothing contained in this Agreement in any manner or respect limits or terminates any of the provisions of the Credit Agreement or any of the other Loan Documents other than as expressly set forth herein and further agree and acknowledge that the Credit Agreement (as amended hereby) and each of the other Loan Documents remain and continue in full force and effect and are hereby ratified and confirmed. Except to the extent expressly set forth herein, the execution, delivery and effectiveness of this AmendmentAgreement shall not operate as an amendment of any rights, (A) power or remedy of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, nor constitute an amendment of any provision of the Credit Agreement or any other Loan Document. No delay on the part of any Lender or the Administrative Agent in exercising any of their respective rights, remedies, powers and privileges under the Credit Agreement or any of the Loan Documents or partial or single exercise thereof, shall constitute an amendment thereof. On and after the Effective Date each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean import, and be a each reference to the Credit Agreement as amended or otherwise modified hereby in the Loan Documents and (B) each reference in any all other document, instrument or agreement executed and/or documents delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except as specifically waived, amended or otherwise modified above, . The Borrowers acknowledge and agree that this Agreement constitutes a “Loan Document” for purposes of the Credit Agreement. None of the terms and conditions of this Agreement may be changed, waived, modified or varied in any manner, whatsoever, except in accordance with Section 13.1 of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmedAgreement. 8.3 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 under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 4 contracts

Sources: Revolving Credit Agreement (Huntsman Petrochemical Finance Co), Revolving Credit Agreement (Huntsman Petrochemical Finance Co), Revolving Credit Agreement (Huntsman Petrochemical Finance Co)

Reference to and Effect on the Credit Agreement. 8.1 9.1 Upon the effectiveness of this Amendment, (A) 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 or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. 8.2 9.2 Except as specifically waived, amended or otherwise modified above, the terms and conditions of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 9.3 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 under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 9.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 9.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 4 contracts

Sources: Credit Agreement (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.)

Reference to and Effect on the Credit Agreement. 8.1 Upon The parties hereto agree and acknowledge that nothing contained in this Agreement in any manner or respect limits or terminates any of the provisions of the Credit Agreement or any of the other Loan Documents other than as expressly set forth herein and further agree and acknowledge that the Credit Agreement (as amended hereby) and each of the other Loan Documents remain and continue in full force and effect and are hereby ratified and confirmed. Except to the extent expressly set forth herein, the execution, delivery and effectiveness of this AmendmentAgreement shall not operate as an amendment of any rights, (A) power or remedy of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, nor constitute an amendment of any provision of the Credit Agreement or any other Loan Document. No delay on the part of any Lender or the Administrative Agent in exercising any of their respective rights, remedies, powers and privileges under the Credit Agreement or any of the Loan Documents or partial or single exercise thereof, shall constitute an amendment thereof. On and after the Effective Date each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean import, and be a each reference to the Credit Agreement as amended or otherwise modified hereby in the Loan Documents and (B) each reference in any all other document, instrument or agreement executed and/or documents delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except as specifically waived, amended or otherwise modified above, . The Borrower acknowledges and agrees that this Agreement constitutes a “Loan Document” for purposes of the Credit Agreement. None of the terms and conditions of this Agreement may be changed, waived, modified or varied in any manner, whatsoever, except in accordance with Section 12.1 of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmedAgreement. 8.3 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 under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 3 contracts

Sources: Credit Agreement (Huntsman Petrochemical Finance Co), Credit Agreement (Huntsman Petrochemical Finance Co), Credit Agreement (Huntsman Petrochemical Finance Co)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this AmendmentAmendment No. 5 Effective Date, (A) each reference in the Existing 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 or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with Credit Document to “the Credit Agreement Agreement” shall mean and be a reference to the Amended Credit Agreement as amended or otherwise modified herebyAgreement. 8.2 (b) Except as specifically waived, amended or otherwise modified abovehereby, the terms and conditions of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, Documents shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution. Other than as expressly set forth herein, delivery and effectiveness of nothing in this Amendment shall not, except as expressly provided herein, operate as be deemed to constitute a waiver by Administrative Agent or any Lender of any right, power Default or remedy Event of any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewithDefault, nor constitute a waiver of any provision contained thereinof the Existing Credit Agreement, in each case except as specifically set forth herein. 8.4 Except as expressly stated hereinthis Amendment, the Administrative Agent and Lenders reserve all rightsAmended Credit Agreement, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. any Credit Document or any other electronic means documents, instruments or agreements executed and/or delivered in connection herewith or therewith, whether now existing or hereafter arising, or of any right, power or remedy that reproduces an image Administrative Agent or Lenders may have under any of the actual executed signature page shall be effective as delivery of a manually executed counterpart of Credit Documents or applicable law. Upon the Amendment No. 5 Effective Date, this Amendment, the Amended Credit Agreement and the other Credit 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. (c) Borrower and the other parties hereto acknowledge and agree that, on and after the Amendment No. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with 5 Effective Date, this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be constitute a Credit Document for all purposes of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions ActAmended Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Waitr Holdings Inc.)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this AmendmentAmendment No. 9 Effective Date, (A) each reference in the Existing 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 or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with Credit Document to “the Credit Agreement Agreement” shall mean and be a reference to the Amended Credit Agreement as amended or otherwise modified herebyAgreement. 8.2 (b) Except as specifically waived, amended or otherwise modified abovehereby, the terms and conditions of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, Documents shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution. Other than as expressly set forth herein, delivery and effectiveness of nothing in this Amendment shall not, except as expressly provided herein, operate as be deemed to constitute a waiver by Administrative Agent or any Lender of any right, power Default or remedy Event of any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewithDefault, nor constitute a waiver of any provision contained thereinof the Existing Credit Agreement, in each case except as specifically set forth herein. 8.4 Except as expressly stated hereinthis Amendment, the Administrative Agent and Lenders reserve all rightsAmended Credit Agreement, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. any Credit Document or any other electronic means documents, instruments or agreements executed and/or delivered in connection herewith or therewith, whether now existing or hereafter arising, or of any right, power or remedy that reproduces an image Administrative Agent or Lenders may have under any of the actual executed signature page shall be effective as delivery of a manually executed counterpart of Credit Documents or applicable law. Upon the Amendment No. 9 Effective Date, this Amendment, the Amended Credit Agreement and the other Credit 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. (c) ▇▇▇▇▇▇▇▇ and the other parties hereto acknowledge and agree that, on and after the Amendment No. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with 9 Effective Date, this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be constitute a Credit Document for all purposes of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions ActAmended Credit Agreement.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.)

Reference to and Effect on the Credit Agreement. 8.1 10.1 Upon the effectiveness of this Amendment, (A) 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 or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. 8.2 10.2 Except as specifically waived, amended or otherwise modified above, the terms and conditions of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 10.3 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 under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 10.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 10.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 2 contracts

Sources: Credit Agreement (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this AmendmentAmendment No. 8 Effective Date, (A) each reference in the Existing 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 or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with Credit Document to “the Credit Agreement Agreement” shall mean and be a reference to the Amended Credit Agreement as amended or otherwise modified herebyAgreement. 8.2 (b) Except as specifically waived, amended or otherwise modified abovehereby, the terms and conditions of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, Documents shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution. Other than as expressly set forth herein, delivery and effectiveness of nothing in this Amendment shall not, except as expressly provided herein, operate as be deemed to constitute a waiver by Administrative Agent or any Lender of any right, power Default or remedy Event of any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewithDefault, nor constitute a waiver of any provision contained thereinof the Existing Credit Agreement, in each case except as specifically set forth herein. 8.4 Except as expressly stated hereinthis Amendment, the Administrative Agent and Lenders reserve all rightsAmended Credit Agreement, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. any Credit Document or any other electronic means documents, instruments or agreements executed and/or delivered in connection herewith or therewith, whether now existing or hereafter arising, or of any right, power or remedy that reproduces an image Administrative Agent or Lenders may have under any of the actual executed signature page shall be effective as delivery of a manually executed counterpart of Credit Documents or applicable law. Upon the Amendment No. 8 Effective Date, this Amendment, the Amended Credit Agreement and the other Credit 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. (c) ▇▇▇▇▇▇▇▇ and the other parties hereto acknowledge and agree that, on and after the Amendment No. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with 8 Effective Date, this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be constitute a Credit Document for all purposes of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions ActAmended Credit Agreement.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this AmendmentAmendment No. 10 Effective Date, (A) each reference in the Existing 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 or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with Credit Document to “the Credit Agreement Agreement” shall mean and be a reference to the Amended Credit Agreement as amended or otherwise modified herebyAgreement. 8.2 (b) Except as specifically waived, amended or otherwise modified abovehereby, the terms and conditions of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, Documents shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution. Other than as expressly set forth herein, delivery and effectiveness of nothing in this Amendment shall not, except as expressly provided herein, operate as be deemed to constitute a waiver by Administrative Agent or any Lender of any right, power Default or remedy Event of any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewithDefault, nor constitute a waiver of any provision contained thereinof the Existing Credit Agreement, in each case except as specifically set forth herein. 8.4 Except as expressly stated hereinthis Amendment, the Administrative Agent and Lenders reserve all rightsAmended Credit Agreement, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. any Credit Document or any other electronic means documents, instruments or agreements executed and/or delivered in connection herewith or therewith, whether now existing or hereafter arising, or of any right, power or remedy that reproduces an image Administrative Agent or Lenders may have under any of the actual executed signature page shall be effective as delivery of a manually executed counterpart of Credit Documents or applicable law. Upon the Amendment No. 10 Effective Date, this Amendment, the Amended Credit Agreement and the other Credit 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. (c) Borrower and the other parties hereto acknowledge and agree that, on and after the Amendment No. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with 10 Effective Date, this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be constitute a Credit Document for all purposes of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions ActAmended Credit Agreement.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.)

Reference to and Effect on the Credit Agreement. 8.1 Upon (a) From and after the effectiveness of this Amendment, (A) each reference in the amendment to the Credit Agreement to evidenced hereby, the terms “Agreement”, “this Agreement”, “hereunderherein”, “hereinafter”, “hereto”, “hereof” and words of similar import, as used in the Amended Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Credit Agreement, and the term “Credit Agreement”, “herein” or words of like import as used in the other Loan Documents, shall mean the Amended Credit Agreement. (b) Each Loan Document and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. Without limitation of the foregoing, each Borrower confirms, acknowledges and agrees that: (a) each of the Collateral Documents to which it is a party shall secure all monies, obligations and liabilities whatsoever whether principal, interest or otherwise now or hereafter due, owing or incurred by such Borrower to any Secured Party whether collectively or individually under or in connection with the Loan Documents; and (b) each of the Collateral Documents (and the security interests created thereby) shall continue in full force and effect as continuing security for all obligations expressed to be a reference secured thereunder and under the Amended Credit Agreement and shall continue to constitute the legal, valid and binding obligations of each Borrower party thereto enforceable in accordance with its terms. In respect of the Loan Documents governed by Dutch law, each of the Borrowers party thereto hereby confirms and agrees that (i) at the time of the entering into the Loan Documents governed by Dutch law, it was their intention (and it is still their intention and agreement) that any security right created under such Loan Document to secure the Secured Obligations (as defined in such Loan Document) as amended from time to time, including by the amendments as included in this Amendment, and (ii) any amount owed by the Loan Parties under the Credit Agreement as amended or otherwise modified hereby by and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection accordance with the Credit Agreement shall mean and be terms of this Amendment are part of the definition of the “Secured Obligations” (as defined in the Loan Documents governed by Dutch law), a reference to the Credit Agreement “Parallel Debt” (as amended or otherwise modified hereby. 8.2 Except as specifically waived, amended or otherwise modified above, the terms and conditions defined in Article VIII of the Credit Agreement and Section 33 of the Guaranty) and the “Corresponding Obligations” as defined in the Credit Agreement. (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, the Amended Credit Agreement, the Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution, delivery and effectiveness of this (d) This Amendment shall not, except as expressly provided herein, operate as is a waiver of any right, power or remedy of any Lender Loan Document under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent (and as provided for in any applicable law, including defined in) the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions ActAmended Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (CIMPRESS PLC), Credit Agreement (CIMPRESS PLC)

Reference to and Effect on the Credit Agreement. 8.1 Upon the effectiveness of this Amendment, (A) each reference in (a) 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 or otherwise modified hereby hereby, and (B) each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby and (b) the Addendum to “this Addendum”, “hereunder”, “hereof”, “herein” or otherwise modified words of like import shall mean and be a reference to the Addendum, as amended hereby., and each reference to the Addendum in any other document, instrument or agreement executed and/or delivered in connection with the Addendum shall mean and be a reference to the Addendum as amended hereby 8.2 Except as specifically waived, amended or otherwise modified waived above, the terms Credit Agreement, the Addendum, the Notes and conditions of the Credit Agreement and any all other documents, instruments and agreements executed and/or delivered in connection therewith, therewith shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender party under the Credit Agreement Agreement, the Addendum, the Notes or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 2 contracts

Sources: Omnibus Amendment and Waiver Agreement (Caterpillar Inc), Omnibus Amendment and Waiver Agreement (Caterpillar Financial Services Corp)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this Amendmenthereof, (A) 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 or otherwise modified hereby hereby. (b) Each Loan Document and (B) each reference in any all other documentdocuments, instrument or agreement instruments and agreements executed and/or delivered in connection with the Credit Agreement therewith shall mean remain in full force and be a reference to the Credit Agreement effect, except as amended or otherwise modified herebyset forth herein, and are hereby ratified and confirmed. 8.2 (c) Except as specifically waived, amended or otherwise modified aboveset forth herein, the terms execution, delivery and conditions 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 and Agreement, the Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution, delivery and effectiveness (d) In accordance with Section 9.02 of this Amendment shall notthe Credit Agreement, except as expressly provided set forth herein, no failure or delay by the Administrative Agent, the Issuing Bank or any Lender in exercising any right or power under the Credit Agreement or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the Issuing Banks and the Lenders under the Credit Agreement and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any rightDefault, power or remedy regardless of whether the Administrative Agent, any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping Issuing Bank may have had notice or knowledge of records in electronic form, each of which shall be of such Default at the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttime.

Appears in 1 contract

Sources: Credit Agreement (Viropharma Inc)

Reference to and Effect on the Credit Agreement. 8.1 Upon (a) On the effectiveness of this AmendmentThird Amendment Effective Date, (A) each reference to the Credit Agreement in the Credit Agreement to “this Agreement, “hereunder”, “hereof”, “herein” the Parent Guarantee or words of like import any other Loan Document shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. (b) Crestwood Equity Partners and each Loan Party hereby (i) acknowledges the terms of this Amendment; (ii) ratifies and (B) affirms its obligations under, and acknowledges its continued liability under, each reference in any Loan Document and the Parent Guarantee, as applicable, and agrees that each Loan Document, the Parent Guarantee and all other documentdocuments, instrument or agreement instruments and agreements executed and/or delivered in connection with the Credit Agreement shall mean therewith remain in full force and be a reference effect as expressly modified hereby; (iii) represents and warrants to the Credit Agreement Lenders that as amended of the Third Amendment Effective Date no Default or otherwise modified herebyEvent of Default has occurred and is continuing and (iv) represents that the representations and warranties of Crestwood Equity Partners and each Loan Party contained in any Loan Document and the Parent Guarantee, as applicable, are true and correct in all material respects (except with respect to representations and warranties which are expressly qualified by materiality, which shall be true and correct in all respects) on and as of the Third Amendment Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except with respect to representations and warranties which are expressly qualified by materiality, which shall be true and correct in all respects) as of such earlier date. 8.2 (c) Except as specifically waived, amended or otherwise modified abovewith respect to the subject matter hereof, the terms execution, delivery and conditions effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Agents or the Lenders, nor constitute a waiver of any provision of the Credit Agreement and Agreement, the other Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution(d) Upon the Third Amendment Effective Date, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as be a waiver of any right, power or remedy of any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth hereinLoan Document for all purposes. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Sources: Credit Agreement (Crestwood Equity Partners LP)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this Amendmenthereof, (A) 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 is a Loan Document and shall (unless expressly indicated herein or otherwise modified hereby therein) be construed, administered, and (B) each reference applied, in any other document, instrument or agreement executed and/or delivered in connection accordance with all of the terms and provisions of the Credit Agreement Agreement. (b) Each Loan Party (i) agrees that this Amendment and the transactions contemplated hereby shall mean and be a reference not limit or diminish the obligations of any Loan Party arising under or pursuant to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except (including, without limitation, the Loan Guaranty) and the other Loan Documents to which it is a party (including, without limitation, each applicable Collateral Document), (ii) reaffirms its obligations under the Credit Agreement and each and every other Loan Document to which it is a party, (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Secured Parties) pursuant to any of the Loan Documents and all filings made with a Governmental Authority in connection therewith, and (iv) acknowledges and agrees that, except as specifically waived, amended or otherwise modified above, the terms Credit Agreement and conditions all other Loan Documents executed and/or delivered by it in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 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 and Agreement, the Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution, delivery (c) This Amendment is not in any way intended to constitute a novation of the obligations 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 liabilities existing under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Actexisting Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Unisys Corp)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this AmendmentSection 1 hereof, (A) 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 Agreement, as amended or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be hereby. This Amendment is a reference Loan Document pursuant to the Credit Agreement as amended and shall (unless expressly indicated herein or otherwise modified herebytherein) be construed, administered, and applied, in accordance with all of the terms and provisions of the Credit Agreement. 8.2 (b) Except as specifically waived, amended or otherwise modified above, the terms and conditions of the Credit Agreement and any all other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. Without limiting the foregoing, each Borrower hereby (i) agrees that this Amendment and the transactions contemplated hereby shall not limit or diminish the obligations of such Borrower arising under or pursuant to the Credit Agreement and the other Loan Documents to which it is a party, (ii) reaffirms its obligations under the Credit Agreement and each and every other Loan Document to which it is a party (including, without limitation, each applicable Collateral Document), and (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Holders of Secured Obligations) pursuant to any of the Loan Documents. 8.3 The (c) Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment (or any provision hereof) shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender under the Credit Agreement Administrative Agent or any other document, instrument or agreement executed in connection therewiththe Lenders, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, of the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. Credit Agreement or any other electronic means that reproduces an image of the actual documents, instruments and agreements executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed and/or delivered in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttherewith.

Appears in 1 contract

Sources: Credit Agreement (Meritor Inc)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this Amendmenthereof, (A) 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 Agreement, as amended or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be hereby. This Amendment is a reference Loan Document pursuant to the Credit Agreement as amended and shall (unless expressly indicated herein or otherwise modified herebytherein) be construed, administered, and applied, in accordance with all of the terms and provisions of the Credit Agreement. 8.2 (b) Except as specifically waived, amended or otherwise modified above, the terms and conditions of the Credit Agreement and any all other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. Without limiting the foregoing, each Borrower hereby (i) agrees that this Amendment and the transactions contemplated hereby shall not limit or diminish the obligations of such Borrower arising under or pursuant to the Credit Agreement and the other Loan Documents to which it is a party, (ii) reaffirms its obligations under the Credit Agreement and each and every other Loan Document to which it is a party (including, without limitation, each applicable Collateral Document) and (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Holders of Secured Obligations) pursuant to any of the Loan Documents. 8.3 The (c) Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment (or any provision hereof) shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender under the Credit Agreement Administrative Agent or any other document, instrument or agreement executed in connection therewiththe Lenders, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, of the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. Credit Agreement or any other electronic means that reproduces an image of the actual documents, instruments and agreements executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed and/or delivered in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttherewith.

Appears in 1 contract

Sources: Credit Agreement (Meritor Inc)

Reference to and Effect on the Credit Agreement. 8.1 Upon LEGAL02/41896618v2 (j) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the effectiveness rights and remedies of this Amendmentthe Agent, any Lender or any Secured Party under the Credit Agreement or any Loan Documents, and shall not alter, modify, amend or in any way affect any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any Loan Documents in similar or different circumstances. (Ak) On the Amendment No. 3 Effective Date, the Credit Agreement shall be amended as provided herein. On and after the Amendment No. 3 Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference referring to the Credit Agreement as amended or otherwise modified hereby Agreement, and (B) each reference in any other document, instrument the Loan Documents to the “Credit Agreement,” “thereunder,” “thereof” or agreement executed and/or delivered in connection with words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Amendment. The parties hereto acknowledge and agree that: (i) this Amendment and any other document or otherwise modified hereby. 8.2 Except instrument executed and delivered in connection herewith do not constitute a novation or termination of the Obligations as specifically waived, amended or otherwise modified above, in effect prior to the Amendment No. 3 Effective Date; (ii) the Obligations are in all respects continuing with only the terms thereof being modified to the extent provided in this Amendment; and conditions of (iii) the guarantees and the Liens and security interests as granted or purported to be granted under or pursuant to the Credit Agreement and any other documents, instruments and agreements executed and/or delivered the Loan Documents securing payment of the Obligations are in connection therewith, shall remain all such respects continuing in full force and effect and are hereby ratified and confirmed. 8.3 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 under secure the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image payment of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and Obligations as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttherein.

Appears in 1 contract

Sources: Abl Credit Agreement (Smart Sand, Inc.)

Reference to and Effect on the Credit Agreement. 8.1 Upon On and after the effectiveness of this AmendmentEffective Date, (A) 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 each of 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 or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except as specifically waived, amended or otherwise modified above, the terms and conditions of the by this Amendment. The Credit Agreement and any each of the other documentsLoan Documents, instruments as specifically amended by this Amendment, are and agreements executed and/or delivered in connection therewith, shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. 8.3 . 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 Secured Obligations of the Credit Parties under the Loan Documents. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver an amendment of any right, power or remedy of any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewithAgent under any of the Loan Documents, nor constitute a waiver an amendment of any provision contained thereinof any of the Loan Documents. For the avoidance of doubt, solely for the period from the Amendment No. 1 Effective Date to the first Business Day after the date that the Isle Acquisition is consummated, (x) Indebtedness incurred by Acquisition Co. in each case except as specifically respect of the Isle of Capri Acquisition and Financing shall not be included in any computation of Consolidated Funded Indebtedness of any Credit Party or any Subsidiary thereof, and (y) any interest incurred by Acquisition Co. in respect of the Isle of Capri Acquisition and Financing shall not be included in any computation of Consolidated Interest Expense; provided, however, that commencing on the first Business Day after the date that the Isle Acquisition is consummated, the exclusions set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent in clauses (x) and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page (y) of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image Section 6 shall no longer be excluded from the computations of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” Consolidated Funded Indebtedness and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping systemConsolidated Interest Expense, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Actapplicable.

Appears in 1 contract

Sources: Credit Agreement (Eldorado Resorts, Inc.)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this AmendmentSection 1 hereof, (A) 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 Agreement, as amended or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be hereby. This Amendment is a reference Loan Document pursuant to the Credit Agreement as amended and shall (unless expressly indicated herein or otherwise modified herebytherein) be construed, administered, and applied, in accordance with all of the terms and provisions of the Credit Agreement. 8.2 (b) Except as specifically waived, amended or otherwise modified above, the terms Credit Agreement, and conditions of the Credit Agreement and any all other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. Without limiting the foregoing, each Borrower hereby (i) agrees that this Amendment and the transactions contemplated hereby shall not limit or diminish the obligations of such Borrower arising under or pursuant to the Credit Agreement and the other Loan Documents to which it is a party, (ii) reaffirms its obligations under the Credit Agreement and each and every other Loan Document to which it is a party (including, without limitation, each applicable Collateral Document), (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Holders of Secured Obligations) pursuant to any of the Loan Documents. 8.3 The (c) Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment (or any provision hereof) shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender under the Credit Agreement Administrative Agent or any other document, instrument or agreement executed in connection therewiththe Lenders, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, of the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. Credit Agreement or any other electronic means that reproduces an image of the actual documents, instruments and agreements executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed and/or delivered in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttherewith.

Appears in 1 contract

Sources: Credit Agreement (Arvinmeritor Inc)

Reference to and Effect on the Credit Agreement. 8.1 Upon (a) On and after the effectiveness of this AmendmentThird Amendment Effective Date, (A) each reference in the Credit Agreement 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 Agreement, as amended or otherwise modified by, and after giving effect to, this Third Amendment Agreement. This Third Amendment Agreement shall be a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (b) Each Loan Document, after giving effect to this Third Amendment Agreement and the occurrence of the Third Amendment Effective Date, is and shall continue to be in full force and effect and is hereby in all respects ratified and (B) confirmed, except that, on and after the Third Amendment Effective Date, each reference in any each of the Loan Documents (including the Guarantee and Collateral Agreement and the other documentSecurity Documents) to the “Credit Agreement”, instrument “thereunder”, “thereof” or agreement executed and/or delivered in connection with words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement Agreement, as amended or otherwise modified herebyby, and after giving effect to, this Third Amendment Agreement and the occurrence of the Third Amendment Effective Date. 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, including under the Loan Documents, as amended by, and after giving effect to, this Third Amendment Agreement and the occurrence of the Third Amendment Effective Date, in each case subject to the terms thereof. 8.2 Except as specifically waived, amended or otherwise modified above, the terms and conditions of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 (c) The execution, delivery and effectiveness of this Third Amendment Agreement, or the occurrence of the Third Amendment Effective Date, shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender under the Credit Agreement or any other documentAgent under any of the Loan Documents, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under of any of the Loan Documents and applicable lawDocuments. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Sources: Credit Agreement (Auxilium Pharmaceuticals Inc)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this AmendmentSection 1 hereof, (A) 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 Agreement, as amended or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be hereby. This Amendment is a reference Loan Document pursuant to the Credit Agreement as amended and shall (unless expressly indicated herein or otherwise modified herebytherein) be construed, administered, and applied, in accordance with all of the terms and provisions of the Credit Agreement. 8.2 (b) Except as specifically waived, amended or otherwise modified above, the terms and conditions of the Credit Agreement and any all other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. Without limiting the foregoing, each Borrower hereby (i) agrees that this Amendment and the transactions contemplated hereby shall not limit or diminish the obligations of such Borrower arising under or pursuant to the Credit Agreement and the other Loan Documents to which it is a party, (ii) ratifies and reaffirms its obligations, contingent or otherwise, under the Credit Agreement and each and every other Loan Document to which it is a party (including, without limitation, each applicable Collateral Document), and (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Holders of Secured Obligations) pursuant to any of the Loan Documents and confirms that such Liens continue to secure the Secured Obligations. 8.3 The (c) Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment (or any provision hereof) shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender under the Credit Agreement Administrative Agent or any other document, instrument or agreement executed in connection therewiththe Lenders, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, of the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. Credit Agreement or any other electronic means that reproduces an image of the actual documents, instruments and agreements executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed and/or delivered in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttherewith.

Appears in 1 contract

Sources: Credit Agreement (Meritor, Inc.)

Reference to and Effect on the Credit Agreement. 8.1 Upon a. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the effectiveness rights and remedies of this Amendmentthe Agent, (A) any Lender or any Secured Party under the Credit Agreement or any Loan Documents, and shall not alter, modify, amend or in any way affect any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any Loan Documents in similar or different circumstances. b. On the Amendment No. 1 Effective Date, the Credit Agreement shall be amended as provided herein. On and after the Amendment No.1 Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference referring to the Credit Agreement as amended or otherwise modified hereby Agreement, and (B) each reference in any other document, instrument the Loan Documents to the “Credit Agreement,” “thereunder,” “thereof” or agreement executed and/or delivered in connection with words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Amendment. The parties hereto acknowledge and agree that: (i) this Amendment and any other document or otherwise modified hereby. 8.2 Except instrument executed and delivered in connection herewith do not constitute a novation or termination of the Obligations as specifically waived, amended or otherwise modified above, in effect prior to the Amendment No.1 Effective Date; (ii) the Obligations are in all respects continuing with only the terms thereof being modified to the extent provided in this Amendment; and conditions of (iii) the guarantees and the Liens and security interests as granted or purported to be granted under or pursuant to the Credit Agreement and any other documents, instruments and agreements executed and/or delivered the Loan Documents securing payment of the Obligations are in connection therewith, shall remain all such respects continuing in full force and effect and are hereby ratified and confirmed. 8.3 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 under secure the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image payment of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and Obligations as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttherein.

Appears in 1 contract

Sources: Abl Credit Agreement (Smart Sand, Inc.)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this Amendmenthereof, (A) each reference to the Credit Agreement or the Security Agreement in the Credit Agreement, the Security Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import any other Loan Document shall mean and be a reference to the Amended Credit Agreement or the Security Agreement (as amended or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby). 8.2 Except as specifically waived, amended or otherwise modified above(b) The Credit Agreement, the terms and conditions of the Credit Security Agreement and any all other documents, instruments and agreements executed and/or delivered in connection therewith, therewith shall remain in full force and effect and are hereby ratified and confirmed. The Borrower (i) agrees that, except as specifically provided herein, this Agreement and the transactions contemplated hereby shall not limit or diminish the obligations of the Borrower arising under or pursuant to the Credit Agreement, the Security Agreement or the other Loan Documents to which it is a party, (ii) reaffirms its obligations under the Credit Agreement, the Security Agreement and each and every other Loan Document to which it is a party and (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Secured Parties) pursuant to any of the Loan Documents and all filings made with any Governmental Authority in connection with such Liens. Without in any way limiting the foregoing, this Agreement shall not constitute a novation of the Loan Documents or any Obligations or Secured Obligations. 8.3 The (c) Except with respect to the subject matter hereof, the execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender under the Credit Agreement Administrative Agent or any other document, instrument or agreement executed the Lenders (including in connection therewithwith any Default or Event of Default), nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated hereinof the Credit Agreement, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. Security Agreement or any other electronic means that reproduces an image of the actual documents, instruments and agreements executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed and/or delivered in connection with this Amendment therewith (or any Default or Event of Default thereunder). (d) This Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions ActReaffirmation are Loan Documents.

Appears in 1 contract

Sources: Limited Waiver and Fourth Amendment to Third Amended and Restated Credit Agreement (Eagle Pharmaceuticals, Inc.)

Reference to and Effect on the Credit Agreement. 8.1 Upon The parties hereto agree and acknowledge that nothing contained in this Agreement in any manner or respect limits or terminates any of the provisions of the Credit Agreement or any of the other Credit Documents other than as expressly set forth herein and further agree and acknowledge that the Credit Agreement (as amended hereby) and each of the other Credit Documents remain and continue in full force and effect and are hereby ratified and confirmed. Except to the extent expressly set forth herein, the execution, delivery and effectiveness of this AmendmentAgreement shall not operate as an amendment of any rights, (A) power or remedy of the Lenders or the Agent under the Credit Agreement or any other Credit Document, nor constitute an amendment of any provision of the Credit Agreement or any other Credit Document. On and after the Effective Date each reference in the Credit Agreement to "this Agreement”, “," "hereunder”, “," "hereof”, “," "herein" or words of like import shall mean import, and be a each reference to the Credit Agreement as amended or otherwise modified hereby in the Credit Documents and (B) each reference in any all other document, instrument or agreement executed and/or documents delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except as specifically waived, amended or otherwise modified above, . Each Borrower acknowledges and agrees that this Agreement constitutes a "Credit Document" for purposes of the Credit Agreement. None of the terms and conditions of this Agreement may be changed, waived, modified or varied in any manner, whatsoever, except in accordance with Section 11.10 of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmedAgreement. 8.3 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 under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Sources: Credit Agreement (Wellman Inc)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this Amendmenthereof, (A) each reference to (i) 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 Amended Credit Agreement as amended or otherwise modified hereby and (Bii) each reference the Security Agreement in the Security Agreement or any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement Loan Document shall mean and be a reference to the Amended Security Agreement. This Amendment is a Loan Document and shall (unless expressly indicated herein or therein) be construed, administered, and applied, in accordance with all of the terms and provisions of the Credit Agreement. (b) Each Loan Party (i) agrees that this Amendment and the transactions contemplated hereby shall not limit or diminish the obligations of any Loan Party arising under or pursuant to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except (including, without limitation, the Loan Guaranty), the Security Agreement and the other Loan Documents to which it is a party (including, without limitation, each applicable Collateral Document), (ii) reaffirms its obligations under the Credit Agreement, the Security Agreement and each and every other Loan Document to which it is a party, (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Secured Parties) pursuant to any of the Loan Documents and all filings made with a Governmental Authority in connection therewith, and (iv) acknowledges and agrees that, except as specifically waived, amended or otherwise modified above, the terms Credit Agreement and conditions all other Loan Documents executed and/or delivered by it in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 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 and Agreement, the Security Agreement, the Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution, delivery (c) This Amendment is not in any way intended to constitute a novation of the obligations 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 liabilities existing under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated hereinAgreement, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment Security Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Actexisting Loan Documents.

Appears in 1 contract

Sources: Omnibus Amendment (Unisys Corp)

Reference to and Effect on the Credit Agreement. 8.1 Upon The parties hereto agree and acknowledge that nothing contained in this Agreement in any manner or respect limits or terminates any of the provisions of the Credit Agreement or any of the other Loan Documents other than as expressly set forth herein and further agree and acknowledge that the Credit Agreement (as amended hereby) and each of the other Loan Documents remain and continue in full force and effect and are hereby ratified and confirmed. Except to the extent expressly set forth herein, the execution, delivery and effectiveness of this AmendmentAgreement shall not operate as an amendment of any rights, (A) power or remedy of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, nor constitute an amendment of any provision of the Credit Agreement or any other Loan Document. No delay on the part of any Lender or the Administrative Agent in exercising any of their respective rights, remedies, powers and privileges under the Credit Agreement or any of the Loan Documents or partial or single exercise thereof, shall constitute an amendment thereof. On and after the Effective Date each reference in the Credit Agreement to "this Agreement”, “," "hereunder”, “," "hereof”, “," "herein" or words of like import shall mean import, and be a each reference to the Credit Agreement as amended or otherwise modified hereby in the Loan Documents and (B) each reference in any all other document, instrument or agreement executed and/or documents delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except as specifically waived, amended or otherwise modified above, . The Borrower acknowledges and agrees that this Agreement constitutes a "Loan Document" for purposes of the Credit Agreement. None of the terms and conditions of this Agreement may be changed, waived, modified or varied in any manner, whatsoever, except in accordance with Section 12.1 of the Credit Agreement and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmedAgreement. 8.3 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 under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Sources: Credit Agreement (Huntsman LLC)

Reference to and Effect on the Credit Agreement. 8.1 Upon (a) On and after the effectiveness of this AmendmentAgreement, (A) each reference in the Amended Credit Agreement 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 Agreement, as amended or otherwise modified by, and after giving effect to, this Agreement. (b) Each Credit Document, after giving effect to this Agreement, 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, (Bi) each reference in any other documenteach of the Credit Documents to the “Credit Agreement”, instrument “thereunder”, “thereof” or agreement executed and/or delivered in connection with words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement as amended or otherwise modified herebyAgreement, (y) the Security Documents shall be terminated and the Collateral described therein shall no longer secure the payment of all Obligations and (y) each of the Subsidiary Guarantors immediately prior to the Ninth Amendment Effective Date shall be released from their respective Obligations under the Guarantee. 8.2 Except as specifically waived(c) Each Credit Party hereby (i) ratifies and reaffirms all of its payment and performance obligations, amended contingent or otherwise modified aboveotherwise, the terms and conditions under each of the Credit Agreement Documents (including, to the extent applicable, as amended by this Agreement) to which it is a party, and any other documents(ii) in the case of Holdings, instruments ratifies and agreements executed and/or delivered in connection therewithreaffirms its guaranty of the Obligations (including, shall remain in full force and effect and are hereby ratified and confirmedwithout limitation, all Obligations resulting from or incurred pursuant to the Incremental TLA Loans made pursuant hereto) pursuant to its Guarantee. 8.3 (d) The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or any Agent under any of the Credit Agreement Documents, or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of Credit Documents or serve to effect a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be novation of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions ActObligations.

Appears in 1 contract

Sources: Ninth Amendment (LPL Financial Holdings Inc.)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this AmendmentSection 1 hereof, (A) 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 Agreement, as amended or otherwise modified hereby and (B) each reference in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be hereby. This Amendment is a reference Loan Document pursuant to the Credit Agreement as amended and shall (unless expressly indicated herein or otherwise modified herebytherein) be construed, administered, and applied, in accordance with all of the terms and provisions of the Credit Agreement. 8.2 (b) Except as specifically waived, amended or otherwise modified above, the terms and conditions of the Credit Agreement and any all other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. Without limiting the foregoing, each Borrower hereby (i) agrees that this Amendment and the transactions contemplated hereby shall not limit or diminish the obligations of such Borrower arising under or pursuant to the Credit Agreement and the other Loan Documents to which it is a party, (ii) reaffirms its obligations under the Credit Agreement and each and every other Loan Document to which it is a party (including, without limitation, each applicable Collateral Document), (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Holders of Secured Obligations) pursuant to any of the Loan Documents. 8.3 The (c) Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment (or any provision hereof) shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender under the Credit Agreement Administrative Agent or any other document, instrument or agreement executed in connection therewiththe Lenders, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, of the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. Credit Agreement or any other electronic means that reproduces an image of the actual documents, instruments and agreements executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed and/or delivered in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttherewith.

Appears in 1 contract

Sources: Credit Agreement (Meritor Inc)

Reference to and Effect on the Credit Agreement. 8.1 Upon (a) On the effectiveness of this AmendmentAmendment Effective Date, (A) each reference to the Credit Agreement in the Credit Agreement to “this Agreement, “hereunder”, “hereof”, “herein” the Parent Guarantee or words of like import any other Loan Document shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby. (b) Crestwood Equity Partners and each Loan Party hereby (i) acknowledges the terms of this Amendment; (ii) ratifies and (B) affirms its obligations under, and acknowledges its continued liability under, each reference in any Loan Document and the Parent Guarantee, as applicable, and agrees that each Loan Document, the Parent Guarantee and all other documentdocuments, instrument or agreement instruments and agreements executed and/or delivered in connection with the Credit Agreement shall mean therewith remain in full force and be a reference effect as expressly amended hereby; (iii) represents and warrants to the Credit Agreement Lenders that as amended of the Amendment Effective Date no Default or otherwise modified herebyEvent of Default has occurred and is continuing and (iv) represents that the representations and warranties of Crestwood Equity Partners and each Loan Party contained in any Loan Document and the Parent Guarantee, as applicable, are true and correct in all material respects (except with respect to representations and warranties which are expressly qualified by materiality, which shall be true and correct in all respects) on and as of the Amendment Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except with respect to representations and warranties which are expressly qualified by materiality, which shall be true and correct in all respects) as of such earlier date. 8.2 (c) Except as specifically waived, amended or otherwise modified abovewith respect to the subject matter hereof, the terms execution, delivery and conditions effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Agents or the Lenders, nor constitute a waiver of any provision of the Credit Agreement and Agreement, the other Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution(d) Upon the Amendment Effective Date, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as be a waiver of any right, power or remedy of any Lender under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth hereinLoan Document for all purposes. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Sources: Credit Agreement (Crestwood Midstream Partners LP)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this Amendmenthereof, (A) 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 Amended Credit Agreement as amended Agreement. This Amendment is a Loan Document and shall (unless expressly indicated herein or otherwise modified hereby therein) be construed, administered, and (B) each reference applied, in any other document, instrument or agreement executed and/or delivered in connection accordance with all of the terms and provisions of the Credit Agreement Agreement. (b) Each Loan Party (i) agrees that this Amendment and the transactions contemplated hereby shall mean and be a reference not limit or diminish the obligations of any Loan Party arising under or pursuant to the Credit Agreement as amended or otherwise modified hereby. 8.2 Except (including, without limitation, the Loan Guaranty) and the other Loan Documents to which it is a party (including, without limitation, each applicable Collateral Document), (ii) reaffirms its obligations under the Credit Agreement and each and every other Loan Document to which it is a party, (iii) reaffirms all Liens on the Collateral which have been granted by it in favor of the Administrative Agent (for itself and the other Secured Parties) pursuant to any of the Loan Documents and all filings made with a Governmental Authority in connection therewith, and (iv) acknowledges and agrees that, except as specifically waived, amended or otherwise modified above, the terms Credit Agreement and conditions all other Loan Documents executed and/or delivered by it in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. 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 and Agreement, the Loan Documents or any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution, delivery (c) This Amendment is not in any way intended to constitute a novation of the obligations 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 liabilities existing under the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Actexisting Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Unisys Corp)

Reference to and Effect on the Credit Agreement. 8.1 Upon a. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the effectiveness rights and remedies of this Amendmentthe Agent, any Lender or any Secured Party under the Credit Agreement or any Loan Documents, and shall not alter, modify, amend or in any way affect any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the Obligations or any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any Loan Documents in similar or different circumstances. b. Except as set forth in Section 5 (A) which amendments contained in such Section shall be effective as of the Closing Date), on the Amendment No. 2 Effective Date, the Credit Agreement shall be amended as provided herein. On and after the Amendment No. 2 Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference referring to the Credit Agreement as amended or otherwise modified hereby Agreement, and (B) each reference in any other document, instrument the Loan Documents to the “Credit Agreement,” “thereunder,” “thereof” or agreement executed and/or delivered in connection with words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Amendment. The parties hereto acknowledge and agree that: (i) this Amendment and any other document or otherwise modified hereby. 8.2 Except instrument executed and delivered in connection herewith do not constitute a novation or termination of the Obligations as specifically waived, amended or otherwise modified above, in effect prior to the Amendment No. 2 Effective Date; (ii) the Obligations are in all respects continuing with only the terms thereof being modified to the extent provided in this Amendment; and conditions of (iii) the guarantees and the Liens and security interests as granted or purported to be granted under or pursuant to the Credit Agreement and any other documents, instruments and agreements executed and/or delivered the Loan Documents securing payment of the Obligations are in connection therewith, shall remain all such respects continuing in full force and effect and are hereby ratified and confirmed. 8.3 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 under secure the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth herein. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image payment of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and Obligations as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Acttherein.

Appears in 1 contract

Sources: Abl Credit Agreement (Smart Sand, Inc.)

Reference to and Effect on the Credit Agreement. 8.1 (a) Upon the effectiveness of this Amendmenthereof, (A) each reference in the Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein,” or words of like import import, and each reference in any other Loan Document to the Credit Agreement (including, without limitation, by means of words like “thereunder,” “thereof,” and words of like import), shall mean and be a reference to the Amended Credit Agreement and this Amendment and the Credit Agreement shall be read together and construed as a single instrument referred to herein as the Amended Credit Agreement. (b) Except as expressly amended or otherwise modified hereby hereby, the Credit Agreement and (B) each reference in any all other documentdocuments, instrument or agreement instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby reaffirmed, ratified and confirmed. (c) The Liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Obligations (and all filings with the Credit Agreement shall mean any Governmental Authority in connection therewith) are in all respects continuing and be a reference in full force and effect with respect to all Obligations, in each case in accordance with and to the Credit Agreement as amended or otherwise modified herebyextent contemplated by the terms of the respective Loan Documents. 8.2 (d) Except as specifically waived, amended or otherwise modified abovewith respect to the subject matter hereof, the terms execution, delivery and conditions 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 and or any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. 8.3 The execution, delivery (e) This Amendment is a Loan Document under (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 under defined in) the Credit Agreement or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein, in each case except as specifically set forth hereinAgreement. 8.4 Except as expressly stated herein, the Administrative Agent and Lenders reserve all rights, privileges and remedies under the Loan Documents and applicable law. 8.5 Delivery of an executed counterpart of a signature page of this Amendment by fax, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Appears in 1 contract

Sources: Revolving Credit Agreement (Briggs & Stratton Corp)