Common use of Effect of Amendment and Restatement; No Novation Clause in Contracts

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon the effectiveness of this Agreement, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Obligations shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing Obligations. Such Existing Obligations, together with any and all additional Obligations incurred by Borrowers under this Agreement or under any of the other Loan Documents, shall continue to be secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Borrower and Parent hereby reaffirms its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. On the Closing Date, any and all references in any Loan Documents to the Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon Upon the effectiveness of this Agreement, the Existing Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Original Obligations shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing Original Obligations. Such Existing Original Obligations, together with any and all additional Obligations incurred by Borrowers Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured secured, by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Borrower and Parent hereby reaffirms its the obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. On the Closing Date, any Any and all references in any Loan Documents to the Existing Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon Upon the effectiveness of this Agreement, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Obligations shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing Obligations. Such Existing Obligations, together with any and all additional Obligations incurred by Borrowers any Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured by, among other things, the applicable portions of the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Each Borrower and Parent each Guarantor hereby reaffirms its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on prior to the Closing Effective Date. On the Closing Date, any Any and all references in any Loan Documents to the Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon Upon the effectiveness of this Agreement, the Existing Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Obligations (as defined in the Original Credit Agreement) shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing such Obligations. Such Existing Obligations, together with any and all additional Obligations incurred by Borrowers any Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured by, among other things, the applicable portions of the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Each Borrower and Parent hereby reaffirms its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on prior to the Closing Date. On the Closing Date, any Any and all references in any Loan Documents to the Existing Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon Upon the effectiveness of this Agreement, the Existing Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Original Obligations outstanding on the Closing Date shall continue in full force and effect, effect as amended herebyObligations under this Agreement, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing Original Obligations. Without limiting the foregoing, upon the effectiveness of this Agreement, the outstanding “Revolving Advances” (as defined in the Original Credit Agreement) shall constitute Advances and the outstanding “Swing Line Advances” (as defined in the Original Credit Agreement) shall constitute Swing Loans. Such Existing Original Obligations, together with any and all additional Obligations incurred by Borrowers Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured by, among other things, by the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Borrower and Parent hereby reaffirms its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. On the Closing Date, any Any and all references in any Loan Documents to the Existing Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon Upon the effectiveness of this Agreement, the Existing Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Original Obligations outstanding on the Restatement Date shall continue in full force and effect, as amended herebyeffect and constitute Obligations, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing Original Obligations. Such Existing Original Obligations, together with any and all additional Obligations incurred by Borrowers Borrower or any other Credit Party under this Agreement or under any of the other Loan Credit Documents, shall continue to be secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Credit Documents. To the extent applicable, each Borrower and Parent hereby reaffirms its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in the Original Credit Agreement and in any and all Loan Credit Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Credit Documents delivered on the Closing Restatement Date. On the Closing Date, any Any and all references in any Loan Documents Credit Document to the Existing Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon Upon the effectiveness of this Agreement, the Existing Original Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Original Obligations shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing Original Obligations. Such Existing Original Obligations, together with any and all additional Obligations incurred by Borrowers Borrower under this Agreement or under any of the other Loan Documents, shall continue to be secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Borrower and Parent hereby reaffirms its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. On the Closing Date, any Any and all references in any Loan Documents to the Existing Original Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon the effectiveness of this Agreement, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Obligations shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing Obligations. Such Existing Obligations, together with any and all additional Obligations incurred by Borrowers under this Agreement or under any of the other Loan Documents, shall continue to be secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Each Borrower and Parent hereby reaffirms its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date. On the Closing Date, any and all references in any Loan Documents to the Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.

Effect of Amendment and Restatement; No Novation. On the Closing Date, upon the effectiveness of this Agreement, the Existing Credit Agreement shall be amended and restated in its entirety by this Agreement. The Existing Obligations (as amended and restated hereby) shall continue in full force and effect, as amended hereby, and the effectiveness of this Agreement on the Closing Date shall not constitute a novation or repayment of the Existing Obligations. Such Existing Obligations, together with any and all additional Obligations incurred by Borrowers under this Agreement or under any of the other Loan Documents, shall continue to be secured by, among other things, the Collateral, whether now existing or hereafter acquired and wheresoever located, all as more specifically set forth in the Loan Documents. To the extent applicable, each Each Borrower and Parent hereby reaffirms its obligations, liabilities, grants of security interests, pledges and the validity of all covenants by it contained in any and all Loan Documents, as amended, supplemented or otherwise modified by this Agreement and by the other Loan Documents delivered on the Closing Date (including, without limitation, as modified by any releases of Collateral delivered on the Closing Date). On the Closing Date, any and all references in any Loan Documents to the Existing Credit Agreement shall be deemed to be amended to refer to this Agreement.