Common use of Amendment and Restatement; Commitments Clause in Contracts

Amendment and Restatement; Commitments. The Borrowers (subject to the terms of this Agreement) and the Lenders (including the Existing Lenders), the Managing Agents, the Co-Syndication Agents, the Administration Agent and the Issuers hereby agree that the Existing Credit Agreement is hereby amended and restated in its entirety to become effective and binding on the Borrowers and the Lenders (including the Existing Lenders), the Managing Agents, the Co-Syndication Agents, the Administration Agent and the Issuers pursuant to the terms of this Agreement, and the Existing Credit Agreement is hereby amended and restated in its entirety to read as set forth in this Agreement; and the commitments which the Existing Lenders have agreed to extend to the Borrowers under the Existing Credit Agreement shall be extended or advanced to the Borrowers upon the amended and restated terms and conditions contained in this Agreement with the intent that the terms of this Agreement shall supersede the terms of the Existing Credit Agreement, the Amended Credit Agreement and the Initial Credit Agreement (each of which shall hereafter have no further effect upon the parties thereto, other than for accrued fees and expenses, and indemnification provisions, accrued and owing under the terms of the Existing Credit Agreement, the Amended Credit Agreement or the Initial Credit Agreement on or prior to the date hereof or arising (in the case of an indemnification) under the terms of the Existing Credit Agreement, the Amended Credit Agreement or the Initial Credit Agreement); PROVIDED that any Rate Protection Agreements with any one or more Existing Lenders (or their respective Affiliates) shall continue unamended and in full force and effect. In furtherance of the foregoing, on the terms and subject to the conditions of this Agreement (including ARTICLE V),

Amendment and Restatement; Commitments. The Borrowers -------------------------------------- (subject to the terms of this Agreement) and the Lenders (including the certain Existing Lenders), the Managing AgentsAdministrative Agent, the Co-Syndication Agents, the Administration Agent Co-Documentation Agents and the Issuers Issuer hereby agree that the Existing Credit Agreement is hereby amended and restated in its entirety to become effective and binding on the Borrowers and the Lenders (including the certain Existing Lenders), the Managing AgentsAdministrative Agent, the Co-Syndication Agents, the Administration Agent Co-Documentation Agents and the Issuers Issuer pursuant to the terms of this Agreement, and the Existing Credit Agreement is hereby amended and restated in its entirety to read as set forth in this Agreement; and the commitments which the certain Existing Lenders have agreed to extend to the Borrowers under the Existing Credit Agreement shall be extended or advanced to the Borrowers upon the amended and restated terms and conditions contained in this Agreement with the intent that the terms of this Agreement shall supersede the terms of the Existing Credit Agreement, the Amended Credit Agreement and the Initial Credit Agreement (each of which shall hereafter have no further effect upon the parties thereto, other than for accrued fees and expenses, and indemnification provisions, accrued and owing under the terms of the Existing Credit Agreement, the Amended Credit Agreement or the Initial Credit Agreement on or prior to the date hereof or arising (in the case of an indemnification) under the terms of the Existing Credit Agreement, the Amended Credit Agreement or the Initial Credit Agreement); PROVIDED provided that any Rate Protection Agreements with any one or more -------- Existing Lenders (or their respective Affiliates) shall continue unamended and in full force and effect. In furtherance of the foregoing, on the terms and subject to the conditions of this Agreement (including ARTICLE Article V),, ---------

Amendment and Restatement; Commitments. The Borrowers (subject to the terms of this Agreement) and the Lenders (including the certain Existing Lenders), the Managing AgentsAdministrative Agent, the Co-Syndication Agents, the Administration Agent Co-Documentation Agents and the Issuers Issuer hereby agree that the Existing Credit Agreement is hereby amended and restated in its entirety to become effective and binding on the Borrowers and the Lenders (including the certain Existing Lenders), the Managing AgentsAdministrative Agent, the Co-Syndication Agents, the Administration Agent Co-Documentation Agents and the Issuers Issuer pursuant to the terms of this Agreement, and the Existing Credit Agreement is hereby amended and restated in its entirety to read as set forth in this Agreement; and the commitments which the certain Existing Lenders have agreed to extend to the Borrowers under the Existing Credit Agreement shall be extended or advanced to the Borrowers upon the amended and restated terms and conditions contained in this Agreement with the intent that the terms of this Agreement shall supersede the terms of the Existing Credit Agreement, the Amended Credit Agreement and the Initial Credit Agreement (each of which shall hereafter have no further effect upon the parties thereto, other than for accrued fees and expenses, and indemnification provisions, accrued and owing under the terms of the Existing Credit Agreement, the Amended Credit Agreement or the Initial Credit Agreement on or prior to the date hereof or arising (in the case of an indemnification) under the terms of the Existing Credit Agreement, the Amended Credit Agreement or the Initial Credit Agreement); PROVIDED provided that any the Existing Rate Protection Agreements with any one or more and the Existing Lenders (or their respective Affiliates) Letters of Credit shall continue unamended and in full force and effecteffect as Rate Protection Agreements or Letters of Credit hereunder, as applicable. In furtherance of the foregoing, on the terms and subject to the conditions of this Agreement (including ARTICLE Article V),

Amendment and Restatement; Commitments. The Borrowers (subject to the terms of this Agreement) and the Lenders (including the certain Existing Lenders), the Managing AgentsAdministrative Agent, the Co-Syndication Agents, the Administration Agent Swingline Lender and the Issuers Issuer hereby agree that the Existing Credit Agreement is hereby amended and restated in its entirety to become effective and binding on the Borrowers and the Lenders (including the certain Existing Lenders), the Managing Agents, the Co-Syndication Agents, the Administration Administrative Agent and the Issuers Issuer pursuant to the terms of this Agreement, and the Existing Credit Agreement is hereby amended and restated in its entirety to read as set forth in this Agreement; and the commitments which the certain Existing Lenders have agreed to extend to the Borrowers under the Existing Credit Agreement shall be extended or advanced to the Borrowers upon the amended and restated terms and conditions contained in this Agreement with the intent that the terms of this Agreement shall supersede the terms of the Existing Credit Agreement, the Amended Credit Agreement and the Initial Credit Agreement (each of which shall hereafter have no further effect upon the parties thereto, other than for accrued fees and expenses, and indemnification provisions, accrued and owing under the terms of the Existing Credit Agreement, the Amended Credit Agreement or the Initial Credit Agreement on or prior to the date hereof or arising (in the case of an indemnification) under the terms of the Existing Credit Agreement, the Amended Credit Agreement or the Initial Credit Agreement); PROVIDED provided that any Rate Protection Agreements with any one or more the Existing Lenders (or their respective Affiliates) Letters of Credit shall continue unamended and in full force and effecteffect as Letters of Credit hereunder. In furtherance of the foregoing, on the terms and subject to the conditions of this Agreement (including ARTICLE Article V),):