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

Reference to and Effect on the Existing Agreement. On and after the Effective Date, each reference in any loan document to the Existing Agreement, “thereunder”, “thereof” or 15916086v4 24740.00262 words of like import referring to the Existing Agreement shall mean and be a reference to the Existing Agreement as amended by this Amendment. Except as specifically amended by this Amendment, the Existing Agreement shall remain in full force and effect (with the same priority, as applicable) and are hereby ratified and confirmed and this Amendment shall not be considered a novation. The execution, delivery and performance of this Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender or any other party under, the Credit Agreement.

Reference to and Effect on the Existing Agreement. On and after the First Amendment Effective Date, each reference in any loan document Loan Document to the Existing Agreement, “thereunder”, “thereof” or 15916086v4 24740.00262 words of like import referring to the Existing Agreement shall mean and be a reference to the Existing Agreement as amended by this Amendment. Except as specifically amended by this Amendment, the Existing Agreement shall remain in full force and effect (with the same priority, as applicable) and are hereby ratified and confirmed and this Amendment shall not be considered a novation. The execution, delivery and performance of this Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender or any other party under, the Credit Agreement. This Amendment shall constitute a Loan Document under the terms of the Credit Agreement.