Common use of Amendment and Restatement Clause in Contracts

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations under the Original Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 3 contracts

Samples: First Amendment Agreement (PQ Group Holdings Inc.), Fourth Amendment Agreement (Ecovyst Inc.), Patent Security Agreement (PQ Group Holdings Inc.)

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Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement and upon the effectiveness of this Existing Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Existing Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Existing Agreement by this Agreement, the Obligations Debt of the Borrowers and the other Loan Parties outstanding under the Original Credit Existing Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations Debt without novation and shall continue as such to be secured by the Collateral. Such Obligations Debt shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderDebt. The Liens securing payment of the Obligations Debt under the Original Credit Existing Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all ObligationsDebt.

Appears in 2 contracts

Samples: Loan Agreement (Mastech Holdings, Inc.), Loan Agreement (Mastech Holdings, Inc.)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Prior Loan Agreement and upon the effectiveness of this AgreementEffective Date, the terms and provisions of the Original Credit Prior Loan Agreement shall, subject to this Section 9.2716.L., be superseded in all respects hereby. All references to the “Credit Loan Agreement” contained in the Loan Documents delivered in connection with the Original Credit Prior Loan Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Prior Loan Agreement by this Agreement, the Obligations obligations of the Borrowers Borrower and the other Loan Parties Guarantor outstanding under the Original Credit Prior Loan Agreement and the other Loan Documents (as defined in the Prior Agreement) as of the Closing Effective Date shall remain outstanding and shall constitute continuing Obligations obligations under this Agreement and shall continue as such to be secured by the Collateral. Such secured Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations obligations under the Original Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.Prior Loan

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Magellan Petroleum Corp /De/)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.2711.20, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Credit Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations. In addition, each Borrower and each Credit Party hereby acknowledges, confirms and agrees that all Intercompany Notes executed prior to the Closing Date in connection with the Existing Credit Agreement shall remain outstanding, and each party thereto reaffirms its obligations and liabilities under such Intercompany Notes.

Appears in 2 contracts

Samples: Credit Agreement (Wesco International Inc), Credit Agreement (Wesco International Inc)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement Agreement, dated as of October 15, 2002 (as amended, supplemented or otherwise modified to the date hereof, the “Existing Credit Agreement”), among Borrowers, the Credit Parties party thereto, Agent and the Lenders party thereto, and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.279.21, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Credit Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Golfsmith International Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties Borrower outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations without novation and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Erie Indemnity Co), Credit Agreement (Erie Indemnity Co)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.2710.17, be superseded hereby. All references to the “Credit Agreement” contained in the other Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers Borrower and the other Loan Parties outstanding under 103 the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the CollateralPledged Equity. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.. 104

Appears in 2 contracts

Samples: Credit Agreement (Rti International Metals Inc), Credit Agreement (Rti International Metals Inc)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.279.24, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations of the Borrowers Borrower and the other Loan Parties outstanding under the Original Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations under the Original Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Third Amendment Agreement (PQ Group Holdings Inc.)

Amendment and Restatement. This Agreement amends Borrower and restates in its entirety the Original Credit Agreement and Bank hereby agree that upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shallshall be and hereby are amended and restated in their entirety by the terms, subject to conditions and provisions of this Section 9.27Agreement, and the terms and provisions of the Original Agreement shall be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to by this Agreement. Notwithstanding the amendment and restatement foregoing, all of the Original Credit Agreement by this Agreement, liabilities and obligations (the Obligations of the Borrowers and the other Loan Parties outstanding “Existing Obligations”) under the Original Credit Agreement and the other agreements, instruments and documents referred to therein (the “Existing Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and Documents”) shall continue as such Obligations hereunder to be secured by the Collateral. Such Obligations shall in all respects be continuing extent not repaid on the Closing Date, and each of this Agreement and the any other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations under the Original Credit Agreement, as Document that is amended and restated in connection with this Agreement is given as a substitution of and modification of, and not as a payment of or novation of, the form Existing Obligations under the Existing Loan Documents, and neither the execution and delivery of this such documents nor the consummation of any other transaction contemplated hereunder is intended to constitute a novation of the Original Agreement, shall in all respects be continuing, securing the payment of all Obligations.other Existing Loan Documents or any Existing Obligation. Amended and Restated Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Fitlife Brands, Inc.)

Amendment and Restatement. 13.1 This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the other Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties (other than the Released Loan Parties) outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations without novation and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Credit Agreement (Steel Partners Holdings L.P.)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.272.17, be superseded hereby. All references to the "Credit Agreement" contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Effective Date shall remain outstanding and shall constitute continuing Obligations as set forth in Section 2.16(a) and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Credit Agreement (Ipc Communications Inc /De/)

Amendment and Restatement. This Agreement amends On the Restatement Date, the “Commitments” and restates in its entirety the Original “Loans” under the Existing Credit Agreement shall be amended and upon restated in their entirety as Commitments and Loans, as the effectiveness case may be, hereunder and governed by the terms of this Agreement, all as more particularly described herein; provided however, that the provisions of Section 9.03 of the Existing Credit Agreement, together with the other terms thereof which are expressly stated to survive the termination of the Existing Credit Agreement, shall survive and remain in full force and effect. Lenders are not subject to or bound by any of the terms and or provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Existing Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, . The parties acknowledge and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and agree that this Agreement and the other Loan Documents do not constitute a novation, payment and reborrowing or termination of the obligations under the Existing Credit Agreement, and that all such obligations are in all respects continued and outstanding as obligations under this Agreement except to the extent such obligations are modified from and after the Restatement Date as provided in this Agreement and the other Loan Documents. After giving effect to this Agreement and the modifications effectuated thereby, each reference to the “Credit Agreement” in the Loan Documents shall not be deemed to evidence or result in be a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except reference to any extent modified hereunder. The Liens securing payment of the Obligations under the Original Credit Agreement, Agreement as amended and restated in on the form of this Agreement, shall in all respects be continuing, securing the payment of all ObligationsRestatement Date.

Appears in 1 contract

Samples: Credit Agreement (AgroFresh Solutions, Inc.)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original ABL Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original ABL Credit Agreement shall, subject to this Section 9.279.29, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original ABL Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original ABL Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original ABL Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding without novation and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations under the Original ABL Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.. [Signature Pages Omitted] 129379097_5 #96094974v22

Appears in 1 contract

Samples: Credit Agreement (Hayward Holdings, Inc.)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties Borrower outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Effective Date shall remain outstanding and shall constitute continuing Obligations without novation and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Credit Agreement (Erie Indemnity Co)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original OriginalAmended Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original OriginalAmended Credit Agreement shall, subject to this Section 9.279.24, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement, the Amended Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original OriginalAmended Credit Agreement by this Agreement, the Obligations of the Borrowers Borrower and the other Loan Parties outstanding under the Original OriginalAmended Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations under the Original OriginalAmended Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Fourth Amendment Agreement (PQ Group Holdings Inc.)

Amendment and Restatement. This Agreement amends Each Borrower, the Agent, the Letter of Credit Issuers and restates in its entirety the Original Credit Agreement and Lenders hereby agree that upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shallwhich in any manner govern or evidence the Obligations, subject the rights and interests of the Lenders and any terms, conditions or matters related to any thereof, shall be and hereby are amended and restated in their entirety by the terms and provisions of this Section 9.27, be superseded hereby. All references to Agreement and the “Credit Agreement” contained in the Loan Documents delivered in connection with terms and conditions of the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to superseded by this Agreement, except as expressly provided herein. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations and certain of the Borrowers and the other related “Loan Parties outstanding under Documents” as defined in the Original Credit Agreement (the “Prior Loan Documents”) by this Agreement and the other Loan Documents as herein defined, all of the Closing Date shall remain outstanding indebtedness, liabilities and shall constitute continuing Obligations and shall continue as such to be secured obligations owing by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations Borrower under the Original Credit AgreementAgreement shall continue as Obligations hereunder and shall be and remain secured by the Security Instruments for the benefit of the Agent and the Lenders. This Agreement is given as a substitution of, and not as amended a payment of, the indebtedness, liabilities and restated in obligations of the form Borrowers, under the Original Credit Agreement and is not intended to constitute a novation thereof or of any of the other Prior Loan Documents. As of the Effective Date, there are no Loans outstanding. Upon the effectiveness of this Agreement, all Loans owing by the Borrowers and Letters of Credit outstanding under the Original Credit Agreement shall in all respects be continuing, securing the payment continue as Loans and Letters of all ObligationsCredit hereunder.

Appears in 1 contract

Samples: Credit Agreement (Anntaylor Stores Corp)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.2711.19, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Credit Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Credit Agreement (Finlay Fine Jewelry Corp)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Master Lease Agreement and upon the effectiveness of this AgreementAgreement on the Closing Date, the terms and provisions of the Original Credit Master Lease Agreement shall, subject to this Section 9.271.15, be superseded hereby. All references to the “Credit "Master Lease Agreement" contained in the Loan Documents documents delivered in connection with the Original Credit Master Lease Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Master Lease Agreement by this Agreement, the Obligations of the Borrowers Lessee and the other Loan Savvis Parties (if any) outstanding under the Original Credit Master Lease Agreement and the other Loan Documents as of the Closing Execution Date (as amended and restated hereby) shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing re-extension of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Credit Master Lease Agreement, as amended and restated in the form of this AgreementAgreement or any other Credit Document, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Master Lease Agreement (Savvis Communications Corp)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and and, upon the effectiveness of this AgreementAgreement as provided in Section 4.01, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.279.22, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents (whether delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and Agreement) shall be deemed to, to refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers Borrower and the other Loan Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Third A&R Effective Date shall shall, except as expressly provided otherwise in this Agreement, remain outstanding and shall constitute continuing Obligations hereunder, and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Credit Agreement (InnovAge Holding Corp.)

Amendment and Restatement. (a) This Agreement amends and restates in its entirety the Original Prior Credit Agreement and and, upon the effectiveness of this Agreement, the terms and provisions of the Original Prior Credit Agreement shall, subject to this Section 9.271.21, be superseded hereby. All references to the “"Credit Agreement" contained in the Loan Documents delivered in connection with the Original Prior Credit Agreement or this Agreement shall, and shall be deemed to, to refer to this Agreement. Notwithstanding the amendment and restatement of the Original Prior Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Prior Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations hereunder and shall continue as such to be secured by the Collateral. Such outstanding Obligations and the Liens securing payment thereof shall in all respects be continuing continuing, and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing re- borrowing of such Obligations which shall remain in full force Obligations. In furtherance of and effectwithout limiting the foregoing, from and after the Closing Date and except to any extent modified hereunder. The Liens securing payment of as expressly specified herein, the terms, conditions, and covenants governing the Obligations outstanding under the Original Prior Credit Agreement, Agreement shall be solely as amended and restated set forth in the form of this Agreement, which shall supersede the Prior Credit Agreement in all respects be continuing, securing the payment of all Obligationsits entirety.

Appears in 1 contract

Samples: Credit Agreement (Artra Group Inc)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.2710.27, be superseded in all respects hereby. All references to the “Credit Agreement” or words of similar meaning contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding In furtherance of the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Secured Obligations of the Borrowers and the other Loan Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Secured Obligations and shall continue as such to be secured by the Collateral. Such Secured Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderSecured Obligations. The Liens securing payment of the Secured Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Secured Obligations.

Appears in 1 contract

Samples: Revolving Syndicated Facility Agreement (Tronox LTD)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject In order to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding facilitate the amendment and restatement of the Original Credit Agreement, certain lenders that were a party to the Original Credit Agreement by are no longer continuing as Lenders under this Agreement (the “Exiting Lenders”), and certain new lenders are becoming a party to this Agreement as Lenders. Contemporaneously with the execution of this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding Exiting Lenders shall be deemed to have assigned their Commitments under the Original Credit Agreement to the Lenders under this Agreement, and the other Exiting Lenders shall be paid all principal, interest and fees due to them in connection therewith. The Revolving Credit Commitments and the Secured Term Loan Documents Commitments shall be allocated among the Lenders a party to this Agreement in accordance with their respective Revolving Credit Commitment Percentages and their Secured Term Loan Commitment Percentages. The foregoing is done as of an accommodation to the Closing Date shall remain outstanding Borrowers, the Exiting Lenders and the Lenders, and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full have occurred with the same force and effect, except to any extent modified hereunder. The Liens securing payment of effect as if such assignments were evidenced by the Obligations under applicable Assignment and Acceptance Agreements (as defined in the Original Credit Agreement), as amended and restated no other documents shall be, or shall be required to be, executed in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligationsconnection therewith.

Appears in 1 contract

Samples: Master Credit Agreement (Howard Hughes Corp)

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Amendment and Restatement. This Agreement amends The Indebtedness and restates in its entirety the Original Credit obligations evidenced by this Agreement and upon the effectiveness of this Agreementall instruments, the terms agreements, and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered documents executed in connection with the Original Credit Agreement or this Agreement shallherewith constitute an amendment, and shall be deemed torenewal, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations all Indebtedness and obligations of the Borrowers and the other Loan Parties outstanding under the Original Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured Company evidenced by the CollateralPrior Credit Agreement. Such Obligations shall All promissory notes, instruments, applications for Letters of Credit, Letter of Credit reimbursement agreements, and any other document, agreement, waiver or other instrument executed in all respects be continuing and this Agreement and connection therewith (collectively the other “Existing Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which Documents”) shall remain in full force and effect, effect except to any extent modified hereunderby this Agreement or modified or replaced by the Loan Documents. The Liens securing payment It is expressly understood and agreed by the parties hereto that this Agreement is in no way intended to constitute a novation of the Obligations obligations and liabilities existing under the Original Prior Credit Agreement or evidence payment in full of all or any of such obligations and liabilities. All references to the Prior Credit Agreement in the Existing Loan Documents shall be deemed to refer to this Agreement. If any inconsistency exists between this Agreement and the Prior Credit Agreement, as amended and restated in the form terms of this Agreement, Agreement shall prevail. Nothing contained in all respects this Agreement or any other document or instrument executed contemporaneously herewith shall be continuing, securing deemed to satisfy or discharge the payment of all ObligationsIndebtedness evidenced by the Prior Credit Agreement or the Existing Loan Documents (this being an amendment and restatement only).

Appears in 1 contract

Samples: Credit Agreement (Dominion Homes Inc)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.2710.14, be superseded hereby. All references to the “Credit Agreement” contained in the other Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers Borrower and the other Loan Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the CollateralPledged Equity. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Credit Agreement (Rti International Metals Inc)

Amendment and Restatement. (a) This Agreement amends and restates in its entirety the Original Prior Credit Agreement and and, upon the effectiveness of this Agreement, the terms and provisions of the Original Prior Credit Agreement shall, subject to this Section 9.271.20, be superseded hereby. All references to the “"Credit Agreement" contained in the Loan Documents delivered in connection with the Original Prior Credit Agreement or this Agreement shall, and shall be deemed to, to refer to this Agreement. Notwithstanding the amendment and restatement of the Original Prior Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Prior Credit Agreement and the other Loan Documents as of the Closing Date (except to the extent repaid in accordance herewith) shall remain outstanding and shall constitute continuing Obligations hereunder and shall continue as such to be secured by the Collateral. Such outstanding Obligations and the Liens securing payment thereof shall in all respects be continuing continuing, and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing re-borrowing of such Obligations which shall remain in full force Obligations. In furtherance of and effectwithout limiting the foregoing, from and after the Closing Date and except to any extent modified hereunder. The Liens securing payment of as expressly specified herein, the terms, conditions, and covenants governing the Obligations outstanding under the Original Prior Credit Agreement, Agreement shall be solely as amended and restated set forth in the form of this Agreement, which shall supersede the Prior Credit Agreement in all respects be continuing, securing the payment of all Obligationsits entirety.

Appears in 1 contract

Samples: Credit Agreement (Artra Group Inc)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.279.28, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding without novation and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations under the Original Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.. [Signature Pages Omitted]

Appears in 1 contract

Samples: Credit Agreement (Hillman Solutions Corp.)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.279.28, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding without novation and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations under the Original Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.. [SIGNATURE PAGES Followomitted] ​ ​ ​ ​

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Hillman Solutions Corp.)

Amendment and Restatement. 13.1 This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the other Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties (other than the Released Loan Parties) outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations without novation and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.. 152 Annex B Updated Credit Agreement Schedules (See Attached) Annex C Updated Security Agreement Schedules (See Attached) Annex D Updated Pledge Agreement Schedules (See Attached)

Appears in 1 contract

Samples: Credit Agreement (Steel Partners Holdings L.P.)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject In order to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding facilitate the amendment and restatement of the Original Credit Agreement, certain lenders a party to the Original Credit Agreement by are no longer continuing as Lenders under this Agreement (the “Exiting Lenders”), and certain new lenders are becoming a party to this Agreement as Lenders. Contemporaneously with the execution of this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding Exiting Lenders shall be deemed to have assigned their Commitments under the Original Credit Agreement to the Lenders under this Agreement, and the other Exiting Lenders shall be paid all principal, interest and fees due to them in connection therewith. The Revolving Credit Commitments and the Secured Term Loan Documents Commitments shall be allocated among the Lenders a party to this Agreement in accordance with their respective Revolving Credit Commitment Percentages and their Secured Term Loan Commitment Percentages. The foregoing is done as of an accommodation to the Closing Date shall remain outstanding Borrowers, the Exiting Lenders and the Lenders, and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full have occurred with the same force and effect, except to any extent modified hereunder. The Liens securing payment of effect as if such assignments were evidenced by the Obligations under applicable Assignment and Acceptance Agreements (as defined in the Original Credit Agreement), as amended and restated no other documents shall be, or shall be required to be, executed in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligationsconnection therewith.

Appears in 1 contract

Samples: Master Credit Agreement (Howard Hughes Corp)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.2710.22, be superseded in all respects hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Effective Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment and performance of the Obligations (as defined under the Original Existing Credit Agreement), as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment and performance of all Obligations.

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Holdings Inc)

Amendment and Restatement. (a) This Agreement amends and restates the Original Term Loan Credit Agreement in its entirety the Original Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Credit Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderentirety. The Liens securing payment of the Obligations under the Original Credit Agreement, as amended and restated in the form of by this Agreement, and each of the other Loan Documents are and shall continue to be in full force and effect. Each Loan Party hereby expressly acknowledges, ratifies and confirms the terms of this Agreement and the amendment and restatement of the Original Term Loan Credit Agreement occurring on the Closing Date and reaffirms, as of the Closing Date, (i) the covenants and agreements contained in each Loan Document to which it is a party, including, in each case, such covenants and agreements as in effect immediately after giving effect to the amendments and the transactions contemplated hereby on the Closing Date and (ii) its guarantee of the Obligations under the Guaranty, as applicable, and its grant of Liens on the Collateral to secure the Obligations pursuant to the Collateral Documents. Without limiting the generality of the foregoing, the Collateral Documents and all respects be continuing, securing of the Collateral described therein do and shall continue to secure the payment of all Obligationsof the respective Obligations of Holdings and the Borrower under the Loan Documents, in each case as the Original Credit Agreement is amended and restated by this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Vivint Smart Home, Inc.)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Credit Agreement and upon the effectiveness of this Existing Loan Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit "Loan Agreement" contained in the other Loan Documents delivered in connection with the Original Credit Existing Loan Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Credit Existing Loan Agreement by this Agreement, the Obligations Debt of the Borrowers and the other Loan Parties Borrower outstanding under the Original Credit Existing Loan Agreement and the other Loan Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations Debt without novation and shall continue as such to be secured by the Collateralsuch collateral, if any. Such Obligations Debt shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to be evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderDebt. The Liens securing payment of the Obligations Debt under the Original Credit Existing Loan Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all ObligationsDebt.

Appears in 1 contract

Samples: Revolving Credit Note (Southern First Bancshares Inc)

Amendment and Restatement. This Agreement amends Each Borrower, the Agent, the Letter of Credit Issuers and restates in its entirety the Original Credit Agreement and Lenders hereby agree that upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shallwhich in any manner govern or evidence the Obligations, subject the rights and interests of the Lenders and any terms, conditions or matters related to any thereof, shall be and hereby are amended and restated in their entirety by the terms and provisions of this Section 9.27, be superseded hereby. All references to Agreement and the “Credit Agreement” contained in the Loan Documents delivered in connection with terms and conditions of the Original Credit Agreement or this Agreement shall, and shall be deemed to, refer to superseded by this Agreement, except as expressly provided herein. Notwithstanding the amendment and restatement of the Original Credit Agreement by this Agreement, the Obligations and certain of the Borrowers and the other related “Loan Parties outstanding under Documents” as defined in the Original Credit Agreement (the “Prior Loan Documents”) by this Agreement and the other Loan Documents as herein defined, all of the Closing Date shall remain outstanding indebtedness, liabilities and shall constitute continuing Obligations and shall continue as such to be secured obligations owing by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunder. The Liens securing payment of the Obligations Borrower under the Original Credit AgreementAgreement shall continue as Obligations hereunder and shall be and remain secured by the Security Instruments for the benefit of the Agent and the Lenders. This Agreement is given as a substitution of, and not as amended a payment of, the indebtedness, liabilities and restated in obligations of the form Borrowers, under the Original Credit Agreement and is not intended to constitute a novation thereof or of any of the other Prior Loan Documents. As of the Effective Date, there are no Revolving Loans outstanding. Upon the effectiveness of this Agreement, all Revolving Loans owing by the Borrowers and Letters of Credit outstanding under the Original Credit Agreement shall in all respects be continuing, securing the payment continue as Revolving Loans and Letters of all ObligationsCredit hereunder.

Appears in 1 contract

Samples: Credit Agreement (Ann Inc.)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Existing Credit Agreement shall, subject to this Section 9.2710.22, be superseded in all respects hereby. All references to the “Credit Agreement” contained in the Loan Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Existing Credit Agreement and the other Loan Documents as of the Closing Effective Date shall remain outstanding and shall constitute continuing Obligations and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment and performance of the Obligations (as defined under the Original Existing Credit Agreement), as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment and performance of all Obligations.. 187

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Holdings Inc)

Amendment and Restatement. This Agreement amends and restates in its entirety the Original Existing Credit Agreement and upon the effectiveness of this Agreement, the terms and provisions of the Original Credit Agreement shall, subject to this Section 9.27, be superseded hereby. All references to the “Credit Agreement”, the “Agreementor derivations thereof contained in the Loan Other Documents delivered in connection with the Original Existing Credit Agreement or this Agreement shall, and shall be deemed to, refer to this Agreement. Notwithstanding the amendment and restatement of the Original Existing Credit Agreement by this Agreement, the Obligations of the Borrowers and the other Loan Parties outstanding under the Original Existing Credit Agreement and the other Loan Other Documents as of the Closing Date shall remain outstanding and shall constitute continuing Obligations hereunder without novation and shall continue as such to be secured by the Collateral. Such Obligations shall in all respects be continuing and this Agreement and the other Loan Documents shall not be deemed to evidence or result in a substitution, novation or repayment and reborrowing of such Obligations which shall remain in full force and effect, except to any extent modified hereunderObligations. The Liens securing payment of the Obligations under the Original Existing Credit Agreement, as amended and restated in the form of this Agreement, shall in all respects be continuing, securing the payment of all Obligations.

Appears in 1 contract

Samples: Credit and Security Agreement (Invacare Corp)

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