Amendment, Modification and Restatement Sample Clauses
Amendment, Modification and Restatement. On and as of the Effective Date, upon satisfaction of the conditions specified in Article VI hereof, each of the Existing Facilities is hereby amended and modified as provided in this Agreement, with the affirmative, negative and financial covenants and undertakings corresponding to affirmative, negative and financial covenants (including those covenants and undertakings in respect of the providing of guarantees or the pledge of collateral), reporting requirements, mandatory prepayment requirements, collateral release provisions, increased cost provisions, tax gross-up provisions, allocation of prepayment provisions, provisions related to market disruption and illegality events, representations and warranties, and event of default provisions (other than those relating to payment defaults) of each Covered Facility being replaced and superseded by the terms and provisions of this Agreement and the other Loan Documents (provided that those provisions in the Existing Facilities which require L/C Related Liens be created or incurred in applicable circumstances shall continue in full force and effect and provided, further, that the terms of the Equity Derivatives shall continue in full force and effect), and each such Existing Facility shall thereupon be deemed to be restated in its entirety as in effect immediately prior to the effectiveness of this Agreement and as amended and modified hereby. All existing guarantees by any Warnaco Entity under any Covered Facility are hereby amended and restated in their entirety by the Subsidiary Guaranty or the Parent Guaranty, as the case may be.
