Common use of Reference to the Effect on the Loan Documents Clause in Contracts

Reference to the Effect on the Loan Documents. (a) As of the Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents 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 Incremental Joinder and the Credit Agreement shall be read together and construed as a single instrument, (ii) each Person executing this Incremental Joinder in its capacity as a Term B-1 Lender shall become (or, if already a Term Lender prior to the Effective Date, continue as) a “Lender”, a “Term Lender” and a “Term B-1 Lender” under the Amended Credit Agreement for all purposes of the Amended Credit Agreement and the other Loan Documents and shall be bound by the provisions of the Amended Credit Agreement as a Lender holding Incremental Term Commitments, Term B-1 Loans and Loans, (iii) the Term B-1 Commitments of the Term B-1 Lenders shall become “Incremental Term Commitments” and “Term B-1 Commitments” for all purposes of the Amended Credit Agreement and the other Loan Documents and (iv) the Term B-1 Loans shall become “Incremental Term Loans” for all purposes of the Amended Credit Agreement and the other Loan Documents. (b) The Borrower hereby reaffirms all its liens and other obligations granted or incurred pursuant to the Loan Documents, all of which liens and obligations shall remain in full force and effect (as amended and otherwise expressly modified by this Incremental Joinder). (c) Except as expressly amended hereby or specifically waived above, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (d) The execution, delivery and effectiveness of this Incremental Joinder shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lenders or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or amendment of any other provision of any of the Loan Documents or for any purpose except as expressly set forth herein. (e) This Incremental Joinder is a Loan Document.

Reference to the Effect on the Loan Documents. (a) As of the Effective Date, (i) each Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents 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, as amended hereby, and this Incremental Joinder Amendment and the Credit Agreement shall be read together and construed as a single instrument, (ii) each Person executing this Incremental Joinder in its capacity instrument referred to herein as a Term B-1 Lender shall become (or, if already a Term Lender prior to the Effective Date, continue as) a “Lender”, a “Term Lender” and a “Term B-1 Lender” under the Amended Credit Agreement for all purposes of the Amended Credit Agreement and the other Loan Documents and shall be bound by the provisions of the Amended Credit Agreement as a Lender holding Incremental Term Commitments, Term B-1 Loans and Loans, (iii) the Term B-1 Commitments of the Term B-1 Lenders shall become “Incremental Term Commitments” and “Term B-1 Commitments” for all purposes of the Amended Credit Agreement and the other Loan Documents and (iv) the Term B-1 Loans shall become “Incremental Term Loans” for all purposes of the Amended Credit Agreement and the other Loan DocumentsAgreement. (b) The Borrower hereby reaffirms all its liens and other obligations granted or incurred pursuant to the Loan Documents, all of which liens and obligations shall remain in full force and effect (as amended and otherwise expressly modified by this Incremental Joinder). (c) Except as expressly amended hereby or specifically waived abovehereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (dc) The execution, delivery and effectiveness of this Incremental Joinder Amendment shall not, except as expressly provided herein, operate as a novation or waiver of any right, power or remedy of the Lenders Lenders, Holdings, the Borrower or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or amendment of any other provision of any of the Loan Documents or for any purpose except as expressly set forth herein. (d) The waivers contained in Section 1 and amendments in Section 2 (i) shall be relied upon and used only for the specific purpose set forth herein, (ii) shall not constitute nor be deemed to constitute a waiver, except as otherwise expressly set forth herein, of (A) any Default or Event of Default (or event or circumstance that, with the passage of time, the giving of notice, or both, would become an Event of Default), or (B) any term or condition of the Loan Documents, (iii) shall not constitute nor be deemed to constitute a waiver or consent by the Administrative Agent or any Lender to anything other than the specific purpose set forth herein, (iv) shall not constitute, or deemed evidence of, a custom or course of dealing among the parties hereto and (v) shall not in any way or manner restrict the Administrative Agent or any Lender from exercising any rights or remedies they may have with respect to any other Default or Event of Default (including, for the avoidance of doubt, any Default or Event of Default existing as of the date hereof which is not set forth in Section 1) at any time in respect of the Credit Agreement or any other Loan Document. (e) This Incremental Joinder Amendment is a Loan Document.

Reference to the Effect on the Loan Documents. (a) As of the Second Amendment Effective Date, (i) each reference in the EnergySolutions Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the EnergySolutions 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 EnergySolutions Credit Agreement, as amended hereby, and this Incremental Joinder Amendment and the EnergySolutions Credit Agreement shall be read together and construed as a single instrument, (ii) each Person executing this Incremental Joinder in its capacity as a Term B-1 Lender shall become (or, if already a Term Lender prior to the Effective Date, continue as) a “Lender”, a “Term Lender” and a “Term B-1 Lender” under the Amended Credit Agreement for all purposes of the Amended Credit Agreement and the other Loan Documents and shall be bound by the provisions of the Amended Credit Agreement as a Lender holding Incremental Term Commitments, Term B-1 Loans and Loans, (iii) the Term B-1 Commitments of the Term B-1 Lenders shall become “Incremental Term Commitments” and “Term B-1 Commitments” for all purposes of the Amended Credit Agreement and the other Loan Documents and (iv) the Term B-1 Loans shall become “Incremental Term Loans” for all purposes of the Amended Credit Agreement and the other Loan Documents. (b) The Borrower hereby reaffirms all its liens As of the Second Amendment Effective Date, each reference in the Duratek Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other obligations granted or incurred pursuant Loan Documents to the Loan DocumentsDuratek Credit Agreement (including, all without limitation, by means of which liens words like “thereunder”, “thereof” and obligations words of like import), shall remain in full force mean and effect (be a reference to the Duratek Credit Agreement, as amended hereby, and otherwise expressly modified by this Incremental Joinder)Amendment and the Duratek Credit Agreement shall be read together and construed as a single instrument. (c) Except as expressly amended hereby or specifically waived above, all of the terms and provisions of the Credit Agreement Agreements and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (d) The execution, delivery and effectiveness of this Incremental Joinder Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lenders Lenders, EnergySolutions, Duratek or the Administrative Agent under any of the Loan Documents, nor constitute a waiver or amendment of any other provision of any of the Loan Documents or for any purpose except as expressly set forth herein. (e) This Incremental Joinder Amendment is a Loan Document.