Common use of Amendment and Restatement Clause in Contracts

Amendment and Restatement. (a) On the Closing Date, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement and the Existing Credit Agreement shall thereafter be of no further force and effect to evidence the incurrence by the Borrower of the “Obligations” under and as defined in the Existing Credit Agreement (whether or not such “Obligations” are contingent as of the Closing Date).

Amendment and Restatement. (a) On Upon the Closing Effective Date, the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety by this Agreement Agreement. The parties hereto acknowledge and agree that (a) this Agreement, any notes and the Existing Credit Agreement shall thereafter be of no further force other Loan Documents executed and effect to evidence the incurrence by the Borrower delivered herewith do not constitute a novation or termination of the “Obligations” under and as defined in the Existing Credit Agreement as in effect prior to the Effective Date and (whether or not b) such “Obligations” are contingent in all respects continuing only with the terms thereof being modified as of the Closing Date)provided in this Agreement.

Amendment and Restatement. (a) On the Closing Date, Effective Date the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety by hereby. The parties hereto acknowledge and agree that (a) this Agreement Agreement, any promissory notes delivered pursuant hereto and the Existing Credit Agreement shall thereafter be of no further force other Loan Documents executed and effect to evidence the incurrence by the Borrower delivered in connection herewith do not constitute a novation or termination of the “Obligations” under and (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Effective Date and (whether or not b) such “Obligations” are contingent in all respects continuing with only the terms thereof being modified as of the Closing Date)provided in this Agreement.

Amendment and Restatement. (a) On the Closing Effective Date, the Existing Original Credit Agreement shall be amended amended, restated and restated superseded in its entirety by entirety. The parties hereto acknowledge and agree that (a) this Agreement Agreement, any promissory notes delivered pursuant to Section 2.09(e) and the Existing other Credit Agreement shall thereafter be of no further force Documents executed and effect to evidence the incurrence by the Borrower delivered in connection herewith do not constitute a novation, payment and reborrowing, or termination of the “ObligationsLiabilities” under and (as defined in the Existing Security Agreement) under the Original Credit Agreement as in effect prior to the Effective Date and (whether or not b) such “ObligationsLiabilities” are contingent in all respects continuing with only the terms thereof being modified as of the Closing Date)provided in this Agreement.

Amendment and Restatement. (a) On This Agreement shall become effective on the Closing Date, Effective Date and shall supersede all provisions of the Existing Credit Agreement shall be amended as of such date. From and restated in its entirety by this Agreement and after the Effective Date all references made to the Existing Credit Agreement shall thereafter in any Loan Document or in any other instrument or document shall, without more, be of no further force deemed to refer to this Agreement. This Agreement amends and effect to evidence the incurrence by the Borrower of the “Obligations” under and as defined in restates the Existing Credit Agreement (whether and is not intended to be or not such “Obligations” are contingent operate as a novation or an accord and satisfaction of the Closing Date)Existing Credit Agreement or the indebtedness, obligations and liabilities of the Borrowers evidenced or provided for thereunder.

Amendment and Restatement. (ai) On the Closing Effective Date, the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety by entirety. The parties hereto acknowledge and agree that (a) this Agreement Agreement, any Notes delivered pursuant to Section 2.14 and the Existing Credit Agreement shall thereafter be of no further force other Loan Documents executed and effect to evidence the incurrence by the Borrower delivered in connection herewith do not constitute a novation, payment and reborrowing, or termination of the “Obligations” under and (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Effective Date and (whether or not b) such “Obligations” are contingent in all respects continuing with only the terms thereof being modified as of the Closing Date)provided in this Agreement.

Amendment and Restatement. (a) On the Closing Date, Effective Date the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety by this Agreement Agreement. The parties hereto acknowledge and the Existing Credit Agreement shall thereafter be of no further force and effect to evidence the incurrence by the Borrower of the “Obligations” under and as defined in the Existing Credit Agreement (whether or not such “Obligations” are contingent as of the Closing Date).agree that

Amendment and Restatement. (a) On the Closing Effective Date, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement and (a) all references to the Existing Credit Agreement shall thereafter be of no further force and effect to evidence the incurrence by the Borrower of the “Obligations” under and as defined in the Existing Credit any Loan Document other than this Agreement (whether including in any amendment, waiver or not such “Obligations” are contingent as of the Closing Date).consent) shall be deemed to refer to the

Amendment and Restatement. (a) On the Closing Effective Date, the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety by hereby. The parties hereto acknowledge and agree that (i) this Agreement Agreement, any notes delivered pursuant to Section 2.10(g) and the other Credit Documents executed and delivered in connection herewith do not constitute a novation or termination of the obligations under the Existing Credit Agreement shall thereafter be of no further force as in effect prior to the Effective Date and effect to evidence (ii) such obligations are in all respects continuing with only the incurrence by the Borrower of the “Obligations” under and terms thereof being modified as defined provided in the Existing Credit Agreement (whether or not such “Obligations” are contingent as of the Closing Date)this Agreement.

Amendment and Restatement. (a) On the Closing Restatement Effective Date, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement Agreement, and the Existing Credit Agreement shall thereafter be of no further force and effect effect, except to evidence (i) the incurrence by the Borrower of the “Obligations” obligations under and as defined in the Existing Credit Agreement (whether or not such “Obligations” obligations are contingent as of the Closing Restatement Effective Date).,

Amendment and Restatement. (a) On the Closing Restatement Date, the Existing Original Credit Agreement shall be amended and restated in its entirety by as contemplated hereunder. The parties acknowledge and agree that this Agreement and the Existing other Loan Documents do not constitute a novation, payment and reborrowing or termination of the obligations under the Original Credit Agreement shall thereafter be of no further force and effect that all such obligations are in all respects continued and outstanding as obligations under this Agreement and the Notes except to evidence the incurrence by extent such obligations are modified from and after the Borrower of Restatement Date as provided in this Agreement, the “Obligations” under Notes and as defined in the Existing Credit Agreement (whether or not such “Obligations” are contingent as of the Closing Date)other Loan Documents.

Amendment and Restatement. (a) On Upon the Closing Date, Effective Date the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement to be as set forth herein and shall otherwise cease to exist and the Existing Credit Agreement commitments thereunder shall thereafter be continue only as the Commitments hereunder. Table of no further force and effect to evidence the incurrence by the Borrower of the “Obligations” under and as defined in the Existing Credit Agreement (whether or not such “Obligations” are contingent as of the Closing Date).Contents

Amendment and Restatement. (a) On the Closing Date, Date the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety by hereby. The parties hereto acknowledge and agree that (i) this Agreement Agreement, any promissory notes delivered pursuant to Section 4.1(e) and the Existing Credit Agreement shall thereafter be of no further force other Loan Documents executed and effect to evidence the incurrence by the Borrower delivered in connection herewith do not constitute a novation or termination of the “Obligations” under and (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Closing Date and (whether or not ii) such “Obligations” are contingent in all respects continuing with only the terms thereof being modified as of the Closing Date)provided in this Agreement.

Amendment and Restatement. (a) On the Closing Date, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement and the Existing Credit Agreement shall thereafter be of no further force and effect except to evidence (i) the incurrence by the Borrower Borrowers of the “Obligations” under and as defined in the Existing Credit Agreement (whether or not such “Obligations” are contingent as of the Closing Date).,

Amendment and Restatement. (a) On the Closing Date, the Existing Credit Agreement shall be amended and restated in its entirety by as contemplated hereunder. The parties acknowledge and agree that this Agreement and the Existing Credit Agreement shall thereafter be of no further force other Loan Documents do not constitute a novation, payment and effect to evidence the incurrence by the Borrower reborrowing or termination of the “Obligations” obligations under and as defined in the Existing Credit Agreement (whether or not and that all such “Obligations” obligations are contingent in all respects continued and outstanding as of obligations under this Agreement and the Notes except to the extent such obligations are modified from and after the Closing Date)Date as provided in this Agreement, the Notes and the other Loan Documents.

Amendment and Restatement. (a) On the Closing Effective Date, the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety by hereby. The parties hereto acknowledge and agree that (i) this Agreement and the Existing other Credit Agreement shall thereafter be of no further force Documents executed and effect to evidence the incurrence by the Borrower delivered in connection herewith do not constitute a novation or termination of the “Obligations” obligations under and as defined in the Existing Credit Agreement as in effect prior to the Effective Date and (whether or not ii) such “Obligations” obligations are contingent in all respects continuing with only the terms thereof being modified as of the Closing Date)provided in this Agreement in full respects.

Amendment and Restatement. (a) On the Closing Restatement Effective Date, the Existing Credit Agreement shall be amended amended, restated and restated superseded in its entirety by entirety. The parties hereto acknowledge and agree that (a) this Agreement and the Existing Credit Agreement shall thereafter be of no further force other Loan Documents executed and effect to evidence the incurrence by the Borrower delivered in connection herewith do not constitute a novation, payment and reborrowing, or termination of the “Obligations” Obligations under and as defined in the Existing Credit Agreement as in effect prior to the Restatement Effective Date and (whether or not b) such “Obligations” Obligations are contingent in all respects continuing with only the terms thereof being modified as of the Closing Date)provided in this Agreement.

Amendment and Restatement. (ai) On the Closing Date, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement and the Existing Credit Agreement shall thereafter be of no further force and effect except to evidence (i) the incurrence by the Borrower Borrowers of the “Obligations” under and as defined in the Existing Credit Agreement (whether or not such “Obligations” are contingent as of the Closing Date).,