Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. (b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents. (c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (Dex Media Inc), Credit Agreement (Dex Media East LLC)
Effect of Amendment. (a) This Amendment shall constitute an “Incremental Facility Amendment” for all purposes of the Credit Agreement and the other Loan Documents and the Additional Term B-3 Loans shall constitute “Incremental Term Loans” and “Term B-3 Loans” for all purposes of the Credit Agreement and the other Loan Documents. Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent Collateral Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Loan Document. Except as expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effecteffect and each Loan Party reaffirms its obligations under the Loan Documents to which it is party and the grant of its Liens on the Collateral made by it pursuant to the Security Documents. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the termsCredit Agreement, conditionsincluding without limitation for purposes of Sections 10.14, obligations10.15 and 10.17 thereof, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment Effective First Incremental Facility Closing Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement as amended hereby. This Amendment The Additional Term B-3 Arrangers shall constitute a "be entitled to all rights, privileges and immunities provided to the “Lead Arrangers” in the Credit Agreement and the other Loan Document" for Documents and the Additional Term B-3 Co-Documentation Agents shall be entitled to all purposes of rights, privileges and immunities provided to the “Documentation Agents” in the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (Restaurant Brands International Inc.), Incremental Facility Amendment (Restaurant Brands International Inc.)
Effect of Amendment. (a) Except as This Amendment amends the Amended and Restated Stockholders Agreement only to the extent expressly set forth provided herein. Pursuant to Section 12.5 of the Amended and Restated Stockholders Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies be binding upon each of the Lenders Stockholders who elects to execute this Amendment even if one or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any more of the terms, conditions, obligations, covenants Stockholders fail or agreements contained in refuse to execute this Amendment. To the Credit Agreement or any other provision extent provisions of the Credit Amended and Restated Stockholders Agreement are not expressly modified or of any other Loan Documentamended by this Agreement, all of which are ratified and affirmed in all respects and such unamended provisions shall continue in full force and effect. Nothing herein effect and shall be deemed to entitle construed together with the Borrower to a consent to, or a waiver, amendment, modification or other change of, any amendments set forth herein as the entire agreement of the termsparties hereto. The Amendment shall not apply to any Stockholder who does not execute this Amendment, conditionsbut such Stockholder shall remain subject to and obligated under the terms of the Amended and Restated Stockholders Agreement, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement without giving effect to "this Agreement", "hereunder", "hereof", "herein", or words of like importAmendment, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall in no way be effective for all periods (interpreted as limiting the obligations or portions thereof) on restrictions in the Amended and after Restated Stockholders Agreement with respect to any Stockholder who does not execute this Amendment Agreement. In the Amendment Effective Date. Any interestevent a Proposed Public Offering is not completed by November 1, fees 1999, or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) if prior to such date the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior Company provides written notice to the Amendment Effective DateStockholders that it has elected not to proceed with the Proposed Public Offering, then the amendments set forth in Sections 1 and 2 hereof shall expire and no longer be of any force or effect from November 1, 1999 (if a secondary offering has not been completed by such date) or the date of such written notice (in the event the Company provides written notice it has elected not to proceed with such offering).
Appears in 2 contracts
Sources: Stockholders Agreement (Nu Skin Enterprises Inc), Stockholders Agreement (Nu Skin Enterprises Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Existing Credit Agreement and the other Loan Documents specifically referred to herein (including Exhibit A hereto).
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Existing Credit Agreement Agreement, as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Third Amendment (Broadcom LTD), Second Amendment (Broadcom Cayman L.P.)
Effect of Amendment. The parties hereto agree as follows:
(a) Except as expressly set forth herein, this This Amendment shall not by implication constitute an amendment or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or consent to any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document not expressly referred to herein and shall not be construed as an amendment, waiver or consent to any action on the part of a Borrower that would require an amendment, waiver or consent of the Administrative Agent or the Lenders under any of the Loan Documents except as expressly stated herein. Except as expressly amended hereby, the provisions of the Existing Credit Agreement and the Loan Documents shall remain unchanged and shall continue to be, and shall remain, in similar or different circumstancesfull force and effect in accordance with their respective terms.
(b) On and after the Second Amendment Effective Date, each reference in the Existing Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended and restated hereby. This Amendment Amendment, executed pursuant to the Existing Credit Agreement, shall constitute a "“Loan Document" ” for all purposes of the Existing Credit Agreement and the other Loan DocumentsDocuments and shall be construed, administered and applied in accordance with all of the terms and provisions of the Credit Agreement.
(c) Changes in This Amendment constitutes a Revolving Increase Amendment, and the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Second Amendment Effective Date will accrue on shall be a Revolving Increase Closing Date for the basis purposes of Section 2.20 of the Applicable Rate in effect for such periods prior to the Amendment Effective DateExisting Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Seagate Technology PLC)
Effect of Amendment. (a) This Amendment shall not constitute a novation of the Credit Agreement or any of the Credit Documents. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed By executing and delivering a copy hereof, each Credit Party hereby consents to entitle Amendment No. 1 and the Borrower transactions contemplated thereby and hereby confirms its respective guarantees, pledges and grants of security interests, as applicable, under and subject to a consent to, or a waiver, amendment, modification or other change of, any the terms of each of the termsCredit Documents to which it is party, conditionsand agrees that, obligationsafter giving effect to this Amendment, covenants or agreements contained such guarantees, pledges and grants of security interests, and the terms of each of the Security Documents to which it is a party, shall continue to be in full force and effect, including to guarantee and secure the Obligations (including, without limitation, the Tranche B-1 Term Loans). For the avoidance of doubt, on and after the Amendment No. 1 Effective Date, this Amendment shall for all purposes constitute a Credit Agreement or any other Loan Document in similar or different circumstancesDocument.
(b) On and after the Amendment Effective Date, each reference in Each Additional Tranche B-1 Term Loan Lender party hereto (i) confirms that it has received a copy of the Credit Agreement Agreement, this Amendment No. 1 and the other Credit Documents, together with such other documents and information as it has deemed appropriate to "make its own credit analysis and decision to enter into this Agreement"Amendment No. 1; (ii) agrees that it will, "hereunder"independently and without reliance upon the Administrative Agent, "hereof"any Agent or any other Additional Tranche B-1 Term Loan Lender or any other Lender and based on such documents and information as it shall deem appropriate at the time, "herein", continue to make its own credit decisions in taking or words of like import, and each reference to not taking action under the Credit Agreement in any other Loan Document shall be deemed a reference Agreement; (iii) appoints and authorizes the Administrative Agent to the Credit Agreement take such action as amended agent on its behalf and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of to exercise such powers and discretion under the Credit Agreement and the other Credit Documents as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; and (iv) agrees that it will perform in accordance with their terms all of the obligations which by the terms of the Credit Agreement are required to be performed by it as a Lender. Upon the Amendment No. 1 Effective Date, the undersigned Additional Tranche B-1 Term Loan Documents.
(c) Changes Lender shall become a Lender under the Credit Agreement and shall have the respective Additional Tranche B-1 Term Loan Commitment set forth next to its name on the Allocation Schedule. In addition, if an Existing Term Loan Lender has exercised its “Cashless Settlement Option” or the “Post-Closing Settlement Option” pursuant to their Consent to Amendment No. 1, the amount of such Existing Term Loan Lender’s participation in the Applicable Rate for Revolving Tranche B-1 Term Loans may be less than 100% of the principal amount of such Existing Term Loan Lender’s Existing Term Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) based on and after the Amendment Effective DateNo. Any interest, fees or other amounts accruing on the basis 1 Arrangers’ allocation of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateTranche B-1 Term Loans.
Appears in 2 contracts
Sources: First Lien Credit Agreement (BrightSpring Health Services, Inc.), First Lien Credit Agreement (BrightSpring Health Services, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Third Incremental Term Facility Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Third Incremental Term Facility Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended and restated hereby. This Amendment shall constitute an Incremental Facility Amendment entered into pursuant to Section 2.20 of the Credit Agreement and a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Third Incremental Term Facility Amendment (Endeavor Group Holdings, Inc.), Credit Agreement (Endeavor Group Holdings, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Restated Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders Lenders, the Swing Line Lender, the Issuing Banks or the Agent Agents under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Existing Credit Agreement or the Restated Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Restated Credit Agreement or any other Loan Document in similar or different circumstances. The parties hereto acknowledge and agree that this Amendment and all other Loan Documents executed and delivered in connection herewith do not constitute a novation or termination of the Obligations under the Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Amendment Effective Date. This Amendment shall apply to and be effective only with respect to the provisions of the Existing Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Second Amendment Effective Date, each reference in the Existing Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Restated Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Restated Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Revolving Credit and Guaranty Agreement (Dropbox, Inc.), Revolving Credit and Guaranty Agreement (Dropbox, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Second Amendment Effective Date, (i) each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended hereby, (ii) each reference in any Loan Document to the “Term A Lender”, “Term A Loans” or “Term A Facility” shall be deemed a reference to the New Term A Lenders, New Term A Loans or the facility made available in respect of the New Term A Loans, as applicable and restated hereby(iii) each reference in any Loan Document to “Revolving Credit Commitments” or “Revolving Credit Lender” or “Revolving Credit Facility” shall be deemed a reference to the New Revolving Credit Commitments, New Revolving Credit Lenders, or the revolving credit facility made available in respect of the New Revolving Credit Commitments, as applicable. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan DocumentsDocuments and shall be deemed to be a “Refinancing Amendment” and a “Commitment Increase and Joinder Agreement”, each as defined in the Credit Agreement.
(c) Changes Each Loan Party hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party, (ii) ratifies and reaffirms each grant of a lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents (including, for the avoidance of doubt, all Obligations in respect of the New Term A Loans and New Revolving Credit Commitments made available hereunder), subject to the terms thereof and (iii) in the Applicable Rate case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations (including, for Revolving Loansthe avoidance of doubt, Tranche all Obligations in respect of the New Term A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereofNew Revolving Credit Commitments made available hereunder) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior pursuant to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.Guaranty
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Fidelity National Financial, Inc.), Credit and Guaranty Agreement (Black Knight Financial Services, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 4 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (Univar Inc.), Credit Agreement (Burlington Stores, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinherein or as amended in any Collateral Document Amendment, this Amendment and the Collateral Document Amendments shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes The changes to the definition of “Applicable Rate” in Section 1.01 of the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees Credit Agreement effected by pursuant to this Amendment shall apply and be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis The definition of “Applicable Rate” in Section 1.01 of the Applicable Rate during periods Credit Agreement (or portions thereofbefore giving effect to this Amendment) prior to shall apply and be effective for the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to period ending on, but not including, the Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (Sungard Data Systems Inc), Credit Agreement (SunGard Shareholder Systems LLC)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Collateral Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle Holdings or the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the First Amendment Effective Date, each reference in the Credit Agreement to "shall be amended as provided herein. The parties hereto acknowledge and agree that (i) this Agreement", "hereunder", "hereof", "herein", or words of like import, Amendment and each reference to the Credit Agreement in any other Loan Document shall be deemed Documents executed and delivered in connection herewith do not constitute a reference to novation, or termination of the “Obligations” (as defined in the Loan Documents) under the Credit Agreement as in effect prior to the First Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent provided in this Amendment; and restated hereby. (iii) the Liens and security interests as granted under the Security Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payments of the “Obligations”.
(c) This Amendment shall constitute a "Loan Document" for all purposes Document and shall be administered and construed pursuant to the terms of the Credit Agreement and the other Loan Documents(including, without limitation, Article IX thereof).
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (True Temper Sports Inc), Credit Agreement (True Temper Sports Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, liens, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Each of the Loan Parties consent to this Amendment and reaffirm its obligations under the Loan Documents to which it is party and the grant of its Liens on the Collateral made by it pursuant to the Security Documents. Nothing herein shall be deemed to establish a precedent for the purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the First Refinancing Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended and restated hereby. This Amendment shall constitute a "Refinancing Amendment entered into pursuant to Section 2.21 of the Credit Agreement and a “Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (SMART Global Holdings, Inc.), Credit Agreement (SMART Global Holdings, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or of any other Loan DocumentDocument as amended hereby, all of which are is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 2 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement as amended hereby. This The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a "Loan Document" for all purposes novation of the Credit Agreement and the other Loan Documents.
(c) Changes Documents as in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) effect prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment No. 2 Effective Date.
Appears in 2 contracts
Sources: First Lien Credit Agreement (McAfee Corp.), Second Lien Credit Agreement (McAfee Corp.)
Effect of Amendment. (a) 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. Each Loan Party acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations (as such term is defined after giving effect to this Amendment), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document.
(b) 7.2. On and after the Amendment Effective Restatement Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
7.3. Except as expressly provided herein or in the Amended Credit Agreement, the Amended Term Loan Facility, the New Revolving Commitments and New Revolving Loans shall be subject to the terms and provisions of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 2 contracts
Sources: Replacement Facility Amendment (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Original Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Original Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On guarantees and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference Liens granted by it pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebyCollateral Documents. This Amendment shall constitute a "Loan Document" Document for all purposes of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loansand, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on from and after the Amendment No. 2 Effective Date, (x) all references to the Original Credit Agreement or Amended Credit Agreement in any Loan Document and all references in the Original Credit Agreement or Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Original Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement and (y) all references to any other Loan Document amended hereby in any Loan Document and all references in such Loan Document to “this Agreement”, “hereunder”, “hereof” or words of like import referring to such Loan Document, shall, unless expressly provided otherwise, refer to such Loan Document as amended by this Amendment. Any interest, fees or other amounts accruing on the basis Each of the Applicable Rate during periods Credit Parties hereby (or portions thereofi) prior consents to this Amendment, (ii) confirms that all obligations of such Credit Party under the Loan Documents to which such Credit Party is a party shall continue to apply to the Amendment Effective Date will accrue on Amended Credit Agreement and (iii) agrees that all security interests granted by it pursuant to any Loan Document shall secure the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAmended Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Effect of Amendment. (a) Except as expressly set forth expressly herein, all terms of the Credit Agreement, as amended hereby, and the other Loan Documents shall be and remain in full force and effect and shall constitute the legal, valid, binding and enforceable obligations of the Borrower and the Guarantors to the Administrative Agent and the other members of the Lender Group. The execution, delivery and effectiveness of this Amendment shall not by implication not, except as expressly provided herein, operate as a waiver of any right, power or otherwise limitremedy of the members of the Lender Group under the Credit Agreement, impair, nor constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Agreement. This Amendment shall constitute a Loan Document, Document for all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference . Reference to the Credit Agreement herein or in any other Loan Document shall be deemed a reference to refer to the Credit Agreement as amended and restated hereby. This Amendment shall not constitute a "course of dealing with the Administrative Agent or the Lenders at variance with the Credit Agreement or the other Loan Document" for Documents such as to require further notice by the Administrative Agent or the Lenders to require strict compliance with the terms of the Credit Agreement and the other Loan Documents in the future, including, without limitation, Sections 1.1 and 7.3 of the Credit Agreement, as amended by this Amendment, except as expressly set forth herein. Each of the Borrower Parties acknowledges and expressly agrees that Administrative Agent and the Lenders reserve the right to, and do in fact, require strict compliance with all purposes terms and provisions of the Credit Agreement and the other Loan Documents.
(c) Changes in , including, without limitation, Sections 1.1 and 7.3 of the Applicable Rate for Revolving LoansCredit Agreement, Tranche A Term Loans and Commitment Fees effected as amended by this Amendment shall be effective for all periods (Amendment. No Borrower Party has knowledge of any challenge to the Administrative Agent’s or portions thereof) on and after any Lender’s claims arising under the Amendment Effective Date. Any interest, fees Loan Documents or other amounts accruing on to the basis effectiveness of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateLoan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Securus Technologies, Inc.), Credit Agreement (Securus Technologies, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, any other Agent, the Issuing Bank or the Agent Swingline Lender, in each case under the Existing Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Except as expressly set forth herein, all of which are each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference Liens granted by it pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebySecurity Documents. This Amendment shall constitute a "Loan Document" Document for all purposes of the Existing Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on from and after the Amendment Restatement Effective Date, all references to the Existing Credit Agreement in any Loan Document and all references in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Existing Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended and Restated Credit Agreement. Any interest, fees or other amounts accruing on the basis Each of the Applicable Rate during periods (or portions thereof) prior Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAmended and Restated Credit Agreement.
Appears in 1 contract
Sources: Amendment Agreement (Celanese CORP)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders Lender or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. In addition, and in furtherance of the foregoing, the Guarantors expressly acknowledge and agree to the terms of this Amendment, and the terms of the Guarantee and Security Agreement continue to apply with full force and effect to any amounts outstanding under or in connection with the Commitment as well as other amounts incurred pursuant to the terms of the Existing Credit Agreement. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Existing Credit Agreement specifically referred to herein.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Existing Credit Agreement as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Second Amendment (KKR & Co. Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after (x) the Amendment Initial Amendments Effective Date, each reference in with respect to the Credit Agreement Initial Amendments and (y) the Acquisition Amendments Effective Date, with respect to "this Agreement"the Acquisition Date Amendments, "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended and restated herebyby this Amendment. This Amendment shall not constitute a "Loan Document" for all purposes novation of the Credit Agreement and or any of the other Loan Documents.
. Each Loan Party hereby (ci) Changes consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which it is a party shall continue to apply to the Credit Agreement as amended hereby and (ii) reaffirms, as of the date hereof, its guarantee of the Obligations under the Guarantee Agreement (except in the Applicable Rate for Revolving Loanscase of the Borrower), Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing its grant of Liens on the basis of Collateral to secure the Applicable Rate during periods (or portions thereof) prior Obligations pursuant to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior Collateral Documents to the Amendment Effective Datewhich it is a party.
Appears in 1 contract
Sources: Credit Agreement (Cable One, Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinin this Amendment or in the Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Banks or the Agent Agents under the Credit Agreement or any other Loan DocumentPapers, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentPapers, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document Paper in similar or different circumstances.
(b) On and after the Fourth Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document Paper, in each case shall be deemed a reference to the Credit Agreement as amended and restated herebymodified by this Amendment. This Amendment shall constitute a "“Loan Document" Paper” for all purposes of the Credit Agreement and the other Loan DocumentsPapers.
(c) Changes This Amendment, the Credit Agreement and the other Loan Papers constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(d) This Amendment may not be amended, modified or waived except in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis accordance with Section 9.1 of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Southwest Airlines Co)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders any Agent, any Arranger, any Lender, any Issuing Bank or the Agent Swing Line Lender under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower any Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances.
(b) . This Amendment shall constitute a Credit Document for all purposes of the Credit Agreement and the other Credit Documents. On and after the Amendment No. 3 Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Credit Document to the “Credit Agreement”, shall be deemed to be a reference to the Credit Agreement as amended hereby.
(b) The Credit Agreement, as specifically amended by this Amendment, is and restated herebyshall continue to be in full force and effect and is hereby in all respects ratified and confirmed. This Without limiting the generality of the foregoing, the Collateral Documents executed prior to the Amendment No. 3 Effective Date and all of the Collateral described therein do and shall constitute a "Loan Document" for continue in full force and effect to secure where they purport to do so the payment of all purposes Obligations of the Credit Agreement and Parties under the other Loan Credit Documents, in each case as amended by this Amendment.
(c) Changes in the Applicable Rate for Revolving LoansThe execution, Tranche A Term Loans delivery and Commitment Fees effected by effectiveness of this Amendment shall be effective for all periods (not, except as expressly provided herein, operate as a waiver of any right, power or portions thereof) on and after remedy of any Lender, the Amendment Effective Date. Any interest, fees Administrative Agent or other amounts accruing on the basis Collateral Agent under any of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis Credit Documents, nor constitute a waiver of any provision of any of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent Collateral Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Loan Document. Except as expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effecteffect and each of Holdings and the Borrower, on behalf of itself and each other Loan Party, hereto reaffirms its obligations under the Loan Documents to which each is party and the grant of its Liens on the Collateral made by it pursuant to the Collateral Documents. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the termsCredit Agreement, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment Effective Date, each reference all references to Amendment No. 5 in the Credit Agreement any Loan Document and all references in Amendment No. 5 to "“this Agreement", "Amendment,” “hereunder", ",” “hereof", "herein", ” or words of like importimport referring to Amendment No. 5, shall, unless expressly provided otherwise, refer to Amendment No. 5 as amended by this Amendment. Each of Holdings and each reference the Borrower hereby consents to this Amendment and confirms that all of its obligations under the Loan Documents to which it is a party shall continue to apply to Amendment No. 5 and the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebyAgreement. This Amendment shall not constitute a "Loan Document" for all purposes novation of any indebtedness or other obligations owing to the Lenders or the Administrative Agent under Amendment No. 5 or the Credit Agreement and the other Loan DocumentsAgreement.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Amendment to Amendment No. 5 (StubHub Holdings, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Seventh Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(ba) On and after the Seventh Amendment Effective Date, each reference in the Amended Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Lender Joinder Agreement”, an “Extension Amendment” (entered into in accordance with, and subject to the terms of, Section 2.22(a) of the Credit Agreement) and a “Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (KKR Real Estate Finance Trust Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, any other Agent, the Issuing Bank or the Agent Swingline Lender, in each case under the Existing Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Except as expressly set forth herein, all of which are each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference Liens granted by it pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebySecurity Documents. This Amendment shall constitute a "Loan Document" Document for all purposes of the Existing Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on from and after the Amendment No. 3 Effective Date, all references to the Existing Credit Agreement in any Loan Document and all references in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Existing Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. Any interest, fees or other amounts accruing on the basis Each of the Applicable Rate during periods (or portions thereof) prior Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAmended Credit Agreement.
Appears in 1 contract
Sources: Amendment Agreement (Celanese Corp)
Effect of Amendment. This Third Amendment shall constitute a Loan Document for purposes of the Credit Agreement and (x) from and after the Third Amendment Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Interim Amended Credit Agreement, except for (a) Except the representations and warranties made by the Borrowers and the other Loan Parties prior to the Third Amendment Effective Date (which representations and warranties made prior to the Third Amendment Effective Date shall not be superseded or rendered ineffective by this Third Amendment as they pertain to the period prior to the Third Amendment Effective Date) and (b) any action or omission performed or required to be performed pursuant to the Credit Agreement prior to the Third Amendment Effective Date and (y) from and after the Financial Reporting Convention Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement, except for (a) the representations and warranties made by the Borrowers and the other Loan Parties prior to the Financial Reporting Convention Effective Date (which representations and warranties made prior to Financial Reporting Convention Effective Date shall not be superseded or rendered ineffective by this Third Amendment as they pertain to the period prior to the Financial Reporting Convention Effective Date) and (b) any action or omission performed or required to be performed pursuant to the Credit Agreement prior to the Financial Reporting Convention Effective Date. For the avoidance of doubt, any certificate or other document the form of which is set forth hereinout in any exhibit attached to the Credit Agreement or any other Loan Document may be revised, this as applicable, to refer to the Interim Amended Credit Agreement or the Amended Credit Agreement, as applicable. This Third Amendment shall not by implication or otherwise limit, impair, constitute a waiver novation of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any As of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment No. 1 Effective Date, each reference in the Existing Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference in the other Loan Documents to the Existing Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder,” “thereof” and words of like import), shall mean and be deemed a reference to the Existing Credit Agreement as amended hereby, and restated herebythis Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment shall constitute a "Loan Document" for Document and an Incremental Amendment. Upon the Amendment No. 1 Effective Date, (i) all purposes conditions and requirements set forth in the Existing Credit Agreement or the other Loan Documents relating to the effectiveness of this Amendment shall be deemed satisfied, (ii) all conditions and requirements set forth in the Existing Credit Agreement or the other Loan Documents relating to the incurrence of the Additional Term B Loans shall be deemed satisfied and (iii) the incurrence of the Additional Term B Loans shall be deemed arranged and consummated in accordance with the terms of the Existing Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Amendment No. 1 (Informatica Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent Borrower under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement (including, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment and the Fifth Amendment) or any other Loan Document (including the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment and the Fifth Amendment) is hereby ratified and affirmed reaffirmed in all respects and shall continue in full force and effecteffect and nothing herein can or may be construed as a novation thereof. Nothing herein The Borrower reaffirms its obligations under the Loan Documents to which it is party. This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the 2017 Refinancing Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. The Borrower hereby consents to this Amendment and restated hereby. This Amendment shall constitute a "Loan Document" for confirms that all purposes obligations of the Credit Agreement and Borrower under the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment Documents to which it is a party shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior continue to apply to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement, as amended hereby.
Appears in 1 contract
Effect of Amendment. (a) On and after the Effective Date, each reference in the Existing Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, and each reference in the Notes and each of the other Credit Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, as amended or waived by this Amendment. The Existing Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended or waived by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective DateCredit Document, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference but rather constitute a modification thereof pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebyterms contained herein. This Amendment shall constitute constitutes a "Loan Credit Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. The parties hereto agree as follows:
(a) Except as expressly set forth herein, this This Amendment shall not by implication constitute an amendment or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or consent to any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document not expressly referred to herein and shall not be construed as an amendment, waiver or consent to any action on the part of the Borrower that would require an amendment, waiver or consent of the Administrative Agent or any Lender under any of the Loan Documents except as expressly stated herein. Except as expressly amended hereby, the provisions of the Existing Credit Agreement and the Loan Documents shall remain unchanged and shall continue to be, and shall remain, in similar full force and effect in accordance with their respective terms. It is the intent of the parties hereto, and the parties hereto agree, that this Amendment shall not constitute a novation of the Existing Credit Agreement, any other Loan Document or different circumstancesany of the rights, obligations or liabilities thereunder.
(b) On and after the Sixth Amendment Effective Date, each reference in the Existing Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended and restated hereby. This Amendment Amendment, executed pursuant to the Existing Credit Agreement, shall constitute a "“Loan Document" ” for all purposes of the Existing Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans Documents and Commitment Fees effected by this Amendment shall be effective for construed, administered and applied in accordance with all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis terms and provisions of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement.
Appears in 1 contract
Effect of Amendment. This Amendment shall be deemed (ax) a “Loan Document” and (y) an “Additional Credit Extension Amendment.” On and after the Amendment Effective Date, (x) the Amendment No. 1 Additional Commitments shall each be deemed an “Additional Commitment”, a “2021 Commitment” and a “Commitment” and (y) each Additional Commitment Lender party hereto shall constitute an “Additional Commitment Lender” and a “Lender”, in each case, under the Credit Agreement as amended by this Amendment. On and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, and each reference in each of the Loan Documents to “the Credit Agreement,” “thereunder,” “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended by this Amendment. The Credit Agreement and each of the other Loan Documents, as supplemented by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinOn and after the Eleventh Amendment Effective Date, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies obligations of the Lenders or parties to the Agent under the Existing Credit Agreement or any other Loan Documentshall be governed by the Amended Credit Agreement, it being understood that those rights and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained obligations that are specified in the Existing Credit Agreement or any other provision as surviving a termination of the Credit Agreement or of any other Loan Document, all of which are ratified that agreement shall survive in accordance with their respective terms and affirmed in all respects without prejudice and shall continue remain in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On Each Loan Party reaffirms its obligations under the Loan Documents to which it is party and after the validity, enforceability and perfection of the Liens granted by it pursuant to the Security Documents. Each of the Loan Parties hereby consents to this Amendment Effective Date, each reference in and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement. The parties hereto acknowledge and agree that the amendment of the Amended Credit Agreement pursuant to "this Agreement", "hereunder", "hereof", "herein", or words of like import, Amendment and each reference to the Credit Agreement in any all other Loan Document Documents amended and/or executed and delivered in connection herewith shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall not constitute a "Loan Document" for all purposes novation of the Amended Credit Agreement and the other Loan DocumentsDocuments as in effect prior to the Eleventh Amendment Effective Date.
(c) Changes This Amendment shall constitute a Loan Document and a Specified Refinancing Amendment for purposes of the Amended Credit Agreement.
(d) This Amendment shall constitute the notice required by Section 3.4(a) with respect to the prepayment in the Applicable Rate for Revolving Loans, Tranche A full of all outstanding Incremental B-2021 Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) immediately prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Eleventh Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. The parties hereto agree as follows:
(a) Except as expressly set forth herein, this This Amendment shall not by implication constitute an amendment or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or consent to any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document not expressly referred to herein and shall not be construed as an amendment, waiver or consent to any action on the part of the Borrower that would require an amendment, waiver or consent of the Administrative Agent or any Lender under any of the Loan Documents except as expressly stated herein. Except as expressly amended hereby, the provisions of the Existing Credit Agreement and the Loan Documents shall remain unchanged and shall continue to be, and shall remain, in similar full force and effect in accordance with their respective terms. It is the intent of the parties hereto, and the parties 4125-8394-2461.5 hereto agree, that this Amendment shall not constitute a novation of the Existing Credit Agreement, any other Loan Document or different circumstancesany of the rights, obligations or liabilities thereunder.
(b) On and after the Seventh Amendment Effective Date, each reference in the Existing Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended and restated hereby. This Amendment Amendment, executed pursuant to the Existing Credit Agreement, shall constitute a "“Loan Document" ” for all purposes of the Existing Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans Documents and Commitment Fees effected by this Amendment shall be effective for construed, administered and applied in accordance with all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis terms and provisions of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment (a) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Administrative Agent, in each case under the Credit Agreement or any other Loan Document, and (b) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Loan Document. Except as expressly set forth herein, each and every term, condition, obligation, covenant and [[96489500]] DOCPROPERTY DPWPathText \* MERGEFORMAT #96489500v18 agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein Without limiting the foregoing, (x) the Borrowers and each other Loan Party acknowledges and agrees that (A) each Loan Document to which it is a party is hereby confirmed and ratified and shall be deemed remain in full force and effect according to entitle its respective terms (in the Borrower to a consent case of the Credit Agreement, as amended hereby) and (B) the Security Documents do, and all of the Collateral does, and in each case shall continue to, or a waiver, amendment, modification or other change of, any secure the payment of all of its Obligations on the terms, conditions, obligations, covenants or agreements contained terms and conditions set forth in the Credit Agreement or any other Loan Document in similar or different circumstances.
Security Documents, and hereby confirms and, to the extent necessary, ratifies the security interests granted by it pursuant to the Security Documents to which it is a party and (by) On each Guarantor, hereby confirms and ratifies its continuing unconditional obligations as Guarantor under the Guarantee with respect to all of its Bank Obligations. From and after the Amendment No. 15 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement, as amended and restated hereby. This Amendment shall constitute a "Loan Document" Document for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) 6.1. Except as expressly set forth hereinherein and in the Amended Credit Agreement, neither this Amendment nor the Amended Credit Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not or alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. The Parent Borrower and each other Loan Party acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations (as such term is defined giving effect to this Amendment), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment, except as provided in the Amended Credit Agreement (including, without limitation, Section 10.20 thereof). Nothing herein shall be deemed to entitle the Parent Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Except as expressly set forth herein or in the Amended Credit Agreement (including, without limitation, Section 10.20 thereof), nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document.
(b) 6.2. On and after the Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
6.3. Except as expressly provided herein or in the Amended Credit Agreement, the Amended Facilities shall be subject to the terms and provisions of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Administrative Agent, in each case under the Credit Agreement or any other Loan Credit Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Credit Document. Except as expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Credit Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein shall be deemed to entitle or as provided in the Borrower to exhibits hereto, operate as a consent towaiver of any right, power or a waiver, amendment, modification remedy of any Lender or other change of, the Administrative Agent under any of the termsCredit Documents, conditions, obligations, covenants or agreements contained in constitute a waiver of any provision of any of the Credit Agreement Documents. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Agreement, which shall remain in full force and effect, except to any extent modified hereby. Nothing implied in this Amendment or in any other Loan Document in similar document contemplated hereby shall be construed as a release or different circumstances.
(b) On other discharge of any of the Credit Parties from the Credit Documents. From and after the Amendment Effective Date, each reference all references to the Agreement or in any Credit Document and all references in the Credit Agreement to "this Agreement", "“THIS AMENDMENT,” “hereunder", ",” “hereof", "herein", ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall shall, unless expressly provided otherwise, be deemed a reference to refer to the Amended Agreement. Each of the Credit Parties hereby consents to this Amendment and confirms that all obligations of such Credit Party under the Credit Documents to which such Credit Party is a party shall continue to apply to the Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.4 EXECUTION VERSION
Appears in 1 contract
Sources: Forbearance Agreement
Effect of Amendment. (a) On the Amendment Effective Date, the Existing Credit Agreement shall be amended and restated in its entirety in accordance with this Amendment, and the Existing Credit Agreement shall thereafter be of no further force and effect and shall be deemed replaced and superseded in all respects by the Amended Credit Agreement. For the avoidance of doubt, any certificate or other document the form of which is set out in any exhibit attached to the Existing Credit Agreement or any other Loan Document may be revised, as applicable, to refer to the Amended Credit Agreement.
(b) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders Lenders, the Agents, the Borrowers or the Agent any other Loan Party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, |US-DOCS\115367345.18|| obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle Holdings or the Borrower to a any future consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after . Upon the Amendment Effective Date, each reference 2020 Extended Term Loan shall constitute an “Extended Term Loan” and a “Term Loan” (in each case as defined in the Amended Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, ) and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment Extending Lender shall constitute a "Loan Document" “2020 Extending Term Lender” and a “Lender” (in each case as defined in the Amended Credit Agreement), in each case for all purposes of the Amended Credit Agreement and the other Loan Documents.
(c) Changes Each of the Loan Parties party hereto (the “Reaffirming Parties”) acknowledges receipt of a copy of this Amendment, and (i) hereby consents to the waivers and amendments to the Existing Credit Agreement contained herein, (ii) hereby confirms and reaffirms its respective guarantees, pledges, grants of security interests and other obligations, as applicable, under and subject to the terms of each of the Loan Documents (collectively, the “Reaffirmed Documents”) to which it is party, (iii) agrees that, notwithstanding the effectiveness of this Amendment or any of the transactions contemplated hereby, such guarantees, pledges, grants of security interests and other obligations, and the terms of each of the Reaffirmed Documents to which it is a party and the security interests created thereby, are not impaired or adversely affected in any manner whatsoever and shall continue to be in full force and effect and shall continue to secure all the Secured Obligations (as defined in the Applicable Rate for Revolving LoansExisting Credit Agreement), Tranche A Term Loans as amended and/or extended pursuant to this Amendment and Commitment Fees effected by (iv) this Amendment shall be effective not evidence or result in a novation of such Obligations or the Reaffirmed Documents. In furtherance of the foregoing, each Reaffirming Party does hereby grant to the Administrative Agent a security interest in all Collateral described in any Reaffirmed Document as security for all periods the obligations set out in such Reaffirmed Document, as amended, increased and/or extended pursuant to this Amendment, subject in each case to any applicable limitations set forth in any such Reaffirmed Document.
(or portions thereofd) on On and after the Amendment Effective Date, this Amendment shall for all purposes constitute an Extension Amendment, a Section 2.26 Additional Amendment and a Loan Document. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.[signature pages follow] |US-DOCS\115367345.18||
Appears in 1 contract
Sources: Credit Agreement (Revlon Inc /De/)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Agent or the Agent Issuing Banks, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and affirmed re‑affirmed in all respects and shall continue in full force and effect. Nothing herein The Borrowers and each other Loan Party party hereto reaffirms its obligations under the Loan Documents to which it is party and the validity of the Liens granted by it pursuant to the Security Documents. This Amendment shall be deemed constitute a Loan Document for purposes of the Credit Agreement and from and after the Amendment No. 1 Effective Date, all references to entitle the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended hereby. The Borrowers and each of the other Loan Parties party hereto hereby consent to this Amendment and confirms that all obligations of the Borrowers or each other Loan Party under the Loan Documents to which the Borrower and such Loan Party is a party shall continue to apply to the Credit Agreement. This Amendment shall not constitute a consent to, or a waiver, amendment, modification or other change of, any novation of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstancesDocument.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Vestis Corp)
Effect of Amendment. (a) Except as expressly set forth hereinin this Agreement or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, Revolving Facility Administrative Agent or the Term Facilities Administrative Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations or Foreign Obligations (as applicable) of the applicable Loan Parties under the Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances.
(b) . On and after the Amendment Effective Date, each reference in the Existing Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document Document, in each case shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment Agreement shall constitute a "“Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents. The parties hereto confirm that no novation of any kind has occurred as a result of, or in connection with, this Agreement or otherwise, any such novation being hereby expressly disclaimed.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the termsCredit Agreement and each other Loan Document, conditionsand from and after the Amendment No. 2 Effective Date, obligationsall references to the Credit Agreement or the Security Agreement, covenants or agreements contained as applicable, in any Loan Document and all references in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective DateSecurity Agreement, each reference in the Credit Agreement as applicable, to "“this Agreement"”, "“hereunder"”, "“hereof", "herein", ” or words of like import, and each reference import referring to the Credit Agreement in any other Loan Document shall be deemed a reference or the Security Agreement, as applicable, shall, unless expressly provided otherwise, refer to the Credit Agreement or the Security Agreement, as applicable, as amended by this Amendment. Each of the Obligors hereby consents to this Amendment and restated confirms that all obligations of such Obligor under the Loan Documents to which such Obligor is a party shall continue to apply to the Credit Agreement and the Security Agreement, each as amended hereby. This The parties hereto acknowledge and agree that the amendment of the Credit Agreement and the Security Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a "Loan Document" for all purposes novation of the Credit Agreement and the other Loan Documents.
(c) Changes Documents as in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) effect prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.No. 2
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders (including the New Lender), the Agent, the LC Facility Issuing Bank or the Agent Issuing Banks, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement thereof or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement and the other Loan Documents is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein Each Loan Party reaffirms its obligations under the Loan Documents to which it is party and the validity of the Liens granted by it pursuant to the Security Documents. For the avoidance of doubt, the New Lender shall be deemed to entitle a Secured Party under the Borrower to Credit Agreement. This Amendment shall constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 5 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of each such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Aramark Corp)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Fourth Amendment Effective Date.
(b) On From and after the Fourth Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes Each Loan Party hereby (i) acknowledges that it has reviewed the terms and provisions of this Amendment, (ii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (in the Applicable Rate for Revolving Loanscase of the Existing Credit Agreement, Tranche A Term Loans as amended hereby), (iii) ratifies and Commitment Fees effected reaffirms each grant of a Lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security interests by such Loan Party and the pledges by such Loan Party, as applicable, pursuant to the Security Agreement) and confirms that such Liens and security interests continue to secure the Obligations under the Loan Documents, subject to the terms thereof, (iv) acknowledges and agrees that each Loan Document to which it is a party (in the case of the Existing Credit Agreement, as amended hereby) shall continue and remain in full force and effect and all of its obligations thereunder shall be valid and enforceable and not be impaired or limited by the execution of this Amendment shall be effective for all periods and (or portions thereofv) on in the case of each Guarantor, ratifies and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis reaffirms its guaranty of the Applicable Rate during periods (or portions thereof) prior Obligations, Secured Obligations, and Guaranteed Obligations pursuant to the Amendment Effective Date will accrue on the basis Section 10.01 of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAmended Credit Agreement.
Appears in 1 contract
Sources: Amended and Restated Credit Agreement (Digital Turbine, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Co-Collateral Agent or the Agent any other Person, in each case under the Amended Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Amended Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and, from and after the Amendment No. 6 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement as amended and restated herebyAgreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. This Amendment shall constitute a "Loan Document" for all purposes Each of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior continue to apply to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAmended Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Leslie's, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Sixth Amendment Effective Date.
(b) On From and after the Sixth Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Credit Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after Credit Document, but a modification thereof pursuant to the terms contained herein. As of the Amendment No. 1 Effective Date, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference in the other Credit Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended hereby, and restated herebythis Amendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment as of the Amendment No. 1 Effective Date. This Amendment shall constitute a "Loan Credit Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Knight Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinin this Agreement or in the Existing Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Without limiting the generality of the foregoing, the Security | Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Second Incremental Effective Date, each reference in (i) the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Existing Credit Agreement as amended and restated herebymodified by this Agreement. This Amendment Agreement shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes This Agreement, the Credit Agreement and the other Loan Documents constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(d) This Agreement constitutes an “Incremental Assumption Agreement” as referred to in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement.
Appears in 1 contract
Sources: Incremental Assumption Agreement (Flutter Entertainment PLC)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Tenth Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(ba) On and after the Tenth Amendment Effective Date, each reference in the Amended Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Lender Joinder Agreement”, an “Extension Amendment” (entered into in accordance with, and subject to the terms of, Section 2.22(a) of the Credit Agreement) and a “Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (KKR Real Estate Finance Trust Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 1 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Univar Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. The Company and each other Loan Party acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations (as such term is defined giving effect to this Amendment), unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
(c) Except as expressly provided herein or in the Amended Credit Agreement, the Refinancing Term Loan Facilities shall be subject to the terms and provisions of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Refinancing Facility Agreement (Minerals Technologies Inc)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 7 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby (i) consents to this Amendment and restated hereby. This Amendment the Additional Term B-3 Joinder Agreement, (ii) confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement as amended hereby and by the other Additional Term B-3 Joinder Agreement (iii) confirms and reaffirms its Guarantee of the Obligations (including obligations in respect of the Term B-3 Loans after giving effect to this Amendment) and (iv) agrees that all security interests granted by it pursuant to any Loan Documents.
(c) Changes in Document shall secure the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected Credit Agreement as amended by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAdditional Term B-3 Joinder Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Eleventh Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Eleventh Amendment Effective Date, each reference in the Amended Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (KKR Real Estate Finance Trust Inc.)
Effect of Amendment. (a) Except as expressly set forth hereinin this Agreement or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Administrative Agents under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, Document all of which are ratified and affirmed in all respects and shall continue in full force and effect. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the applicable Loan Parties under the Loan Documents, in each case, as amended by this Agreement. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances.
(b) . On and after the Amendment Colossus Incremental B-8 Effective Date, each reference in the Existing Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document Document, in each case shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment Agreement shall constitute a "“Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents. The parties hereto confirm that no novation of any kind has occurred as a result of, or in connection with, this Agreement or otherwise, any such novation being hereby expressly disclaimed.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Incremental Joinder Agreement (SS&C Technologies Holdings Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Loan Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after Document, but a modification thereof pursuant to the terms contained herein. As of the Amendment No. 1 Effective Date, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended hereby, and restated herebythis Amendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment as of the Amendment No. 1 Effective Date. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Amendment No. 1 (Samsonite Corp/Fl)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment No. 4 shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment No. 4 shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. The Borrower reaffirms its obligations under the Loan Documents to which it is a party and the validity of the Liens granted by it pursuant to the Collateral Documents.
(b) On and after the Amendment No. 4 Effective Date, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder,” “thereof,” “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended and restated hereby. This Amendment No. 4 shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Brocade Communications Systems Inc)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent Collateral Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in Liens granted by it pursuant to the Collateral Documents. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document. This Amendment is an Incremental Amendment in accordance with Section 2.14 of the Credit Agreement, shall constitute a Loan Document in similar or different circumstances.
(b) On for purposes of the Credit Agreement and from and after the Amendment Effective Datedate of effectiveness, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Third Amendment Effective Date, (i) each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended hereby and restated hereby(ii) each reference in any Loan Document to the “Term Lenders”, “Amendment No. 2 Term Loans”, “Term Loans” or “Term Facility” shall be deemed a reference to the New Term Lenders, the New Term Loans or the New Term Facility.
(c) This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan DocumentsDocuments and shall be deemed to be an “Incremental Facility Amendment”, as defined in the Credit Agreement.
(cd) Changes in Each party hereto acknowledges that this Amendment constitutes all notices or requests required under Section 2.22 of the Applicable Rate Credit Agreement.
(e) The Administrative Agent and each Lender party hereto consents to an Interest Period for Revolving Loans, Tranche A the New Term Loans beginning on the Third Amendment Effective Date and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) ending on and after the last day of the Interest Period then in effect with respect to the Amendment Effective DateNo. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) 2 Term Loans outstanding immediately prior to the effectiveness of this Amendment.
(f) This Amendment Effective Date will accrue on the basis shall not constitute a novation of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement or any other Loan Document.
Appears in 1 contract
Sources: First Lien Credit Agreement (Isos Acquisition Corp.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Loan Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after Document, but a modification thereof pursuant to the Amendment Effective terms contained herein. As of the Funding Date, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended hereby, and restated herebythis Amendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment as of the Funding Date. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents, both before and after giving effect to the amendment thereof hereby.
(b) As of the Funding Date, (i) the 2021-1 Incremental Term Lender shall be deemed to constitute a “Lender”, a “2021-1 Incremental Term Lender”, a “Term Loan Lender” and a “Tranche B-1 Term Loan Lender”, (ii) the 2021-1 Incremental Term Loan Commitments shall be deemed to constitute “Term Loan Commitments” and “Commitments” and (iii) the 2021-1 Incremental Term Loans shall be deemed to constitute “2021-1 Incremental Term Loans”, “Tranche B-1 Term Loans”, “Term Loans” and “Loans”, in each case, for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in Except as provided herein, the Applicable Rate for Revolving Loans, Tranche A 2021-1 Incremental Term Loans and Commitment Fees effected by this Amendment shall be effective treated as “Term Loans” and “Tranche B-1 Term Loans” for all periods (or portions thereof) on purposes under the Credit Agreement, including, without limitation with respect to maturity, prepayments, repayments, interest rate and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Dateeconomic terms.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent, any other Agent, any Issuing Bank or the Agent Swingline Lender, in each case under the Existing Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Except as expressly set forth herein, all of which are each and every term, condition, obligation, covenant and agreement contained in the Existing Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference Liens granted by it pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebySecurity Documents. This Amendment shall constitute a "Loan Document" Document for all purposes of the Existing Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on from and after the 2011 Amendment Effective Date, all references to the Existing Credit Agreement in any Loan Document and all references in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Existing Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended and Restated Credit Agreement. Any interest, fees or other amounts accruing on the basis Each of the Applicable Rate during periods (or portions thereof) prior Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAmended and Restated Credit Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document, all . This Amendment shall constitute a Loan Document for purposes of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 1 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. The Borrower hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of the Borrower under the Loan Documents to which it is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement as amended hereby. Each Loan Party hereby (i) acknowledges all of the terms and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by conditions of this Amendment and confirms that all of its obligations under the Loan Documents to which it is a party shall be effective for all periods continue to apply to the Credit Agreement as amended hereby, and (or portions thereofii) on reaffirms, as of the date hereof, its guarantee of the Obligations under the Collateral Agreement, and after the Amendment Effective Date. Any interest, fees or other amounts accruing its grant of Liens on the basis of Collateral to secure the Applicable Rate during periods (or portions thereof) prior Obligations pursuant to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior Security Documents to the Amendment Effective Datewhich it is a party.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. In addition, and in furtherance of the foregoing, the Guarantors expressly acknowledge and agree to the terms of this Amendment and, notwithstanding the original terms of the Guarantee and Security Agreement, its terms now also apply with full force and effect to any amounts outstanding under or in connection with the increased Commitment as well as other amounts incurred pursuant to the terms of the Existing Credit Agreement. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Existing Credit Agreement specifically referred to herein.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Existing Credit Agreement as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: First Amendment (KKR & Co. Inc.)
Effect of Amendment. (a) 6.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Amended Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Amended Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The Company and each other Loan Party (i) acknowledges, renews and extends its continued liability under the Credit Agreement and any other Loan Document and (ii) acknowledges and agrees that, after giving effect to this Amendment (including the increase in Revolving Commitments contemplated by Section 3 of this Amendment) its guarantee continues in full force and effect, unimpaired, uninterrupted and undischarged. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstancescircumstances and nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document.
(b) 6.2. On and after the First Amendment Effective Date, each reference in the Amended Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed a reference to the Amended Credit Agreement as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Regal Beloit Corp)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document, all . The parties hereto acknowledge and agree that the amendment of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any pursuant to this Agreement and all other Loan Document Documents amended and/or executed and delivered in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document connection herewith shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall not constitute a "Loan Document" for all purposes novation of the Credit Agreement and the other Loan Documents.
(c) Changes Documents as in effect prior to the Applicable Rate Term B-1 Increase Effective Date. This Agreement shall constitute a Loan Document for Revolving Loans, Tranche A Term Loans purposes of the Credit Agreement and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on from and after the Amendment Term B-1 Increase Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. Any interest, fees or other amounts accruing on the basis The Borrower hereby consents to this Agreement and confirms that all obligations of the Applicable Rate during periods (or portions thereof) prior Borrower under the Loan Documents to which it is a party shall continue to apply to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.Amended Credit Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall not constitute a novation of the Existing Credit Agreement or any of the Loan Documents or serve to effect a novation of the Obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) . This Amendment shall apply to and be effective only with respect to the provisions of the Existing Credit Agreement and the other Loan Documents specifically referred to herein. On and after the Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Consolidated Communications Holdings, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall not constitute a novation of the Credit Agreement or any of the Loan Documents or serve to effect a novation of the Obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) . This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein. On and after the Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended and restated hereby. This Amendment shall constitute a "“Permitted Amendment” and a “Revolving Extension Agreement” and shall constitute a “Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Consolidated Communications Holdings, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement in any other Loan Document shall mean and be deemed a reference to the Credit Agreement as amended and restated hereby. ).
(b) This Amendment shall constitute a "Loan Document" Document for all purposes of the Credit Agreement and shall be administered and construed pursuant to the other Loan Documentsterms of the Credit Agreement.
(c) Changes in Each of the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and parties hereto agrees that after the Amendment Effective Date. Any interest, fees each Additional Term A Lender shall be deemed a “Lender” and “Term A Lender” under the Credit Agreement and each reference in the Loan Documents to a “Lender”, “Term A Lender” or other amounts accruing on the basis words of like import referring to Lenders shall be deemed to include each Additional Term A Lender and each such Additional Term A Lender shall assume all of the Applicable Rate during periods rights and obligations of a Term A Lender under the Credit Agreement as modified hereby.
(or portions thereofd) prior to the Amendment Effective Date will accrue on the basis Each of the Applicable Rate in effect for such periods prior to parties hereto agrees that after the Amendment Effective Date, each Additional Revolving Lender shall be deemed a “Lender” and “Revolving Lender” under the Credit Agreement and each reference in the Loan Documents to a “Lender”, “Revolving Lender” or words of like import referring to Lenders shall be deemed to include each Additional Revolving Lender and each such Additional Revolving Lender shall assume all of the rights and obligations of a Revolving Lender under the Credit Agreement as modified hereby.
Appears in 1 contract
Sources: Credit Agreement (Ii-Vi Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Administrative Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Loan Document. Except as expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effecteffect and each Loan Party reaffirms its obligations under the Loan Documents to which it is party and the grant of its Liens on the Collateral made by it pursuant to the Security Documents. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein or as provided in the exhibits hereto, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, or constitute a waiver of any provision of any of the Loan Documents. This Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement. Nothing herein contained shall be deemed construed as a substitution or novation of the obligations outstanding under the Credit Agreement, which shall remain in full force and effect, except to entitle any extent modified hereby or as provided in the Borrower to exhibits hereto. Nothing implied in this Amendment or in any other document contemplated hereby shall be construed as a consent to, or a waiver, amendment, modification release or other change of, discharge of any of the terms, conditions, obligations, covenants or agreements contained in Loan Parties from the Loan Documents. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 1 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Ducommun Inc /De/)
Effect of Amendment. (a) The Existing Sky Bridge Credit Agreement (as amended hereby), and the obligations of the Loan Parties thereunder and under the other Loan Documents, are hereby ratified and confirmed and shall remain in full force and effect according to their terms. Except as expressly set forth herein, this Amendment shall not by implication be deemed to be an amendment or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or modification of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any provisions of the terms, conditions, obligations, covenants or agreements contained in the Existing Sky Bridge Credit Agreement or any other Loan Document or any right, power or remedy of the Lenders, nor constitute a waiver of any provision of the Existing Sky Bridge Credit Agreement, any other Loan Document, or any other document, instrument and/or agreement executed or delivered in similar connection therewith or different circumstancesof any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder.
(b) On Each Guarantor (a) acknowledges and after consents to all of the terms and conditions of this Amendment, (b) affirms all of its obligations under the Loan Documents and (c) agrees that this Amendment Effective Date, each reference and all documents executed in connection herewith do not operate to reduce or discharge its obligations under the Sky Bridge Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in The Administrative Agent and the Applicable Rate Required Lenders agree that as of the Amendment No. 1 Effective Date, the initial Commitments under the Existing Sky Bridge Credit Agreement have been reduced from £16,000,000,000 to £12,900,000,000, without need for Revolving Loans, Tranche A Term Loans further notice (including pursuant to Section 2.05(a) of the Existing Sky Bridge Credit Agreement) and Commitment Fees effected by this Amendment Schedule 2.01 shall be effective for all periods (or portions thereof) on and after deemed to have been updated to reflect the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Daterevised Commitment Amount.
Appears in 1 contract
Sources: 364 Day Bridge Credit Agreement (NBCUniversal Media, LLC)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Ninth Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(ba) On and after the Ninth Amendment Effective Date, each reference in the Amended Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (KKR Real Estate Finance Trust Inc.)
Effect of Amendment. (ai) Except On and after the date hereof, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement, mean and are a reference to the Credit Agreement as modified by this Amendment. This Amendment is a Loan Document executed pursuant to the Credit Agreement and shall be construed, administered and applied in accordance with the terms and provisions thereof.
(ii) The Credit Agreement, as specifically amended by this Amendment, and each of the other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. For the avoidance of doubt and notwithstanding anything to the contrary provided herein or in the Credit Agreement, any Eurocurrency Loans (as defined in the Existing Credit Agreement) in effect as of the date hereof shall remain outstanding at their existing interest rate for the duration of the Interest Period (as defined in the Existing Credit Agreement) in effect as of the date hereof with respect to such Eurocurrency Loans, and for purposes of making an interest election pursuant to Section 2.07 of the Credit Agreement shall be treated upon the expiration of such Interest Periods as if they were Term SOFR Loans.
(iii) The execution, delivery and effectiveness of this Amendment does not, except as expressly set forth provided herein, this Amendment shall not by implication operate as a waiver of any right, power or otherwise limit, impair, remedy of any Lender or the Administrative Agent under any of the Loan Documents nor constitute a waiver of or otherwise affect the rights and remedies any provision of any of the Lenders or the Agent under Loan Documents. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinin (i) this Amendment, (ii) the releases and terminations executed in connection with this Amendment or (iii) the Credit Agreement, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Banks or the Agent Agents under the Credit Agreement or any other Loan DocumentPapers, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectPapers. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document Paper in similar or different circumstances, except with respect to those obligations required by Section 12(a) below.
(b) On and after the Fifth Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document Paper, in each case shall be deemed a reference to the Credit Agreement as amended and restated herebymodified by this Amendment. This Amendment shall constitute a "“Loan Document" Paper” for all purposes of the Credit Agreement and the other Loan DocumentsPapers.
(c) Changes This Amendment, the Credit Agreement, the releases and terminations executed in connection with this Amendment, and the Applicable Rate for Revolving Loansother Loan Papers constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, Tranche A Term Loans both written and Commitment Fees effected by this verbal, among the parties hereto with respect to the subject matter hereof.
(d) This Amendment shall may not be effective for all periods (amended, modified or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis waived except in accordance with Section 9.1 of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Southwest Airlines Co)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Co-Collateral Agent or the Agent any other Person, in each case under the Amended Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Amended Credit Agreement as amended hereby, or any other Loan Document as amended hereby, is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and, from and after the Amendment No. 7 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement as amended and restated herebyAgreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. This Amendment shall constitute a "Loan Document" for all purposes Each of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior continue to apply to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAmended Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Leslie's, Inc.)
Effect of Amendment. (a) 7.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effectaffect. The Borrower and each other Loan Party hereby acknowledges and agrees that all of the Liens and security interests created and arising under any Loan Document remain in full force and effect and continue to secure its Obligations, unimpaired, uninterrupted and undischarged, regardless of the effectiveness of this Amendment. Nothing herein shall be deemed to entitle the Borrower or any other Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. Nothing in this Amendment shall be deemed to be a novation of any obligations under the Credit Agreement or any other Loan Document.
(b) 7.2. On and after the First Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents (as defined in the Amended Credit Agreement).
7.3. Except as expressly provided herein or in the Amended Credit Agreement, the New Term Loans shall be subject to the terms and provisions of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Trustee or the any other Agent under the Credit Agreement or any other Loan DocumentDocument and the rights, protections and indemnities afforded the Administrative Agent, the Collateral Trustee or any other Agents under the Loan Documents shall apply to the execution hereof and the transactions contemplated hereunder and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the termsguarantees and Liens granted by it pursuant to the Security Documents (including, conditionswithout limitation, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after with respect to the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebyNo. 3 Additional Revolving Facility Commitments). This Amendment shall constitute a "Loan Document" Document for all purposes of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loansand, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on from and after the Amendment No. 3 Effective Date, (x) all references to the Credit Agreement or Amended Credit Agreement in any Loan Document and all references in the Credit Agreement or Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement and (y) all references to any other Loan Document amended hereby in any Loan Document and all references in such Loan Document to “this Agreement”, “hereunder”, “hereof” or words of like import referring to such Loan Document, shall, unless expressly provided otherwise, refer to such Loan Document as amended by this Amendment. Any interest, fees or other amounts accruing on the basis Each of the Applicable Rate during periods Loan Parties hereby (or portions thereofi) prior consents to this Amendment, (ii) confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement and (iii) agrees that all security interests and guarantees granted by it pursuant to any Loan Document shall secure and extend to the Obligations (including, without limitation, with respect to the Amendment Effective Date will accrue on the basis No. 3 Additional Revolving Facility Commitments). This Amendment shall not constitute a novation of the Applicable Rate in effect for such periods prior Credit Agreement, any of the Loan Documents or any of the obligations thereunder. The undersigned Required Lenders hereby consent to the execution of this Amendment Effective Dateand direct the Collateral Trustee and the Administrative Agent to execute this Amendment.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, The parties hereto expressly acknowledge that it is not their intention that this Amendment or a waiver, amendment, modification or other change of, any of the terms, conditions, other Loan Documents executed or delivered pursuant hereto constitute a novation of any of the obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after Document, but a modification thereof pursuant to the Amendment Effective terms contained herein. As of the Funding Date, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended hereby, and restated herebythis Amendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment as of the Funding Date. This Amendment shall constitute a "Loan Document" Document (as defined in the Credit Agreement, both before and after giving effect to the amendment thereof hereby).
(b) On the Funding Date, each Tranche B-1 Term Loan Lender, if not already a Lender immediately prior to the Funding Date, shall, as applicable, (i) become a “Lender” and a “Term Loan Lender”, in each case, for all purposes of the Credit Agreement and the other Loan DocumentsDocuments and (ii) have the “Tranche B-1 Term Loan Commitment” set forth on such Tranche B-1 Term Loan Lender’s signature page hereto be a “Tranche B-1 Term Loan Commitment” under the Credit Agreement and such Tranche B-1 Term Loan Lender’s Tranche B-1 Term Loans be “Tranche B-1 Term Loans” under the Credit Agreement.
(c) Changes in Except as provided herein, the Applicable Rate for Revolving Loans, Tranche A B-1 Term Loans and Commitment Fees effected by this Amendment shall be effective treated as Term Loans for all periods (or portions thereof) on purposes under the Credit Agreement, including, without limitation with respect to maturity, prepayments, repayments, interest rate and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Dateeconomic terms.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Agent or the Agent Collateral Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Amended Credit Agreement Agreement, or of any other Loan Document, all of which are is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 3 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. Each Loan Party hereby acknowledges its receipt of a copy of this Amendment and its review of the terms and conditions hereof and consents to the terms and conditions hereof and the transactions contemplated thereby. Each Subsidiary Guarantor hereby (a) affirms and confirms its guarantees and other commitments under the Guarantee Agreement as amended and restated hereby(b) agrees that the Guarantee Agreement is in full force and effect and shall accrue to the benefit of the Secured Parties to guarantee the Obligations, including the Term B-1 Loans. This Amendment Each Loan Party hereby (a) affirms and confirms its pledges, grants and other commitments under the Pledge Agreement and (b) agrees that the Pledge Agreement is in full force and effect and shall constitute a "Loan Document" for all purposes accrue to the benefit of the Secured Parties to secure the Obligations, including the Term B-1 Loans. The parties hereto acknowledge and agree that the amendment of the Credit Agreement and pursuant to this Amendment is not intended to constitute a novation of the Credit Agreement or the other Loan Documents.
(c) Changes Documents as in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) effect prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment No. 3 Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Match Group, Inc.)
Effect of Amendment. (ai) Except as expressly set forth hereinin this Tenth Amendment or in the Credit Agreement, this Tenth Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Tenth Amendment. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(bii) On and after the Tenth Amendment Effective Date, each reference in (i) the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebymodified by this Tenth Amendment. This Tenth Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(ciii) Changes This Tenth Amendment, the Credit Agreement and the other Loan Documents constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties hereto with respect to the subject matter hereof.
(iv) This Tenth Amendment may not be amended, modified or waived except in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis accordance with Section 11.1 of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith #97874974v5 shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Third Amendment Effective Date.
(b) On From and after the Third Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes Each Loan Party hereby (i) acknowledges that it has reviewed the terms and provisions of this Amendment, (ii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party (in the Applicable Rate for Revolving Loanscase of the Existing Credit Agreement, Tranche A Term Loans as amended hereby), (iii) ratifies and Commitment Fees effected reaffirms each grant of a Lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security interests by such Loan Party and the pledges by such Loan Party, as applicable, pursuant to the Security Agreement) and confirms that such Liens and security interests continue to secure the Obligations under the Loan Documents, subject to the terms thereof, (iv) acknowledges and agrees that each Loan Document to which it is a party (in the case of the Existing Credit Agreement, as amended hereby) shall continue and remain in full force and effect and all of its obligations thereunder shall be valid and enforceable and not be impaired or limited by the execution of this Amendment shall be effective for all periods and (or portions thereofv) on in the case of each Guarantor, ratifies and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis reaffirms its guaranty of the Applicable Rate during periods (or portions thereof) prior Obligations, Secured Obligations, and Guaranteed Obligations pursuant to the Amendment Effective Date will accrue on the basis Section 10.01 of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAmended Credit Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Trustee or the any other Agent under the Credit Agreement or any other Loan DocumentDocument and the rights, protections and indemnities afforded the Administrative Agent, the Collateral Trustee or any other Agents under the Loan Documents shall apply to the execution hereof and the transactions contemplated hereunder and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On guarantees and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference Liens granted by it pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference Security Documents (including, without limitation, with respect to the Credit Agreement as amended and restated herebyTranche B-2 Dollar Term Loans). This Amendment shall constitute a "Loan Document" Document for all purposes of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loansand, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on from and after the Amendment No. 2 Effective Date, (x) all references to the Credit Agreement or Amended Credit Agreement in any Loan Document and all references in the Credit Agreement or Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement and (y) all references to any other Loan Document amended hereby in any Loan Document and all references in such Loan Document to “this Agreement”, “hereunder”, “hereof” or words of like import referring to such Loan Document, shall, unless expressly provided otherwise, refer to such Loan Document as amended by this Amendment. Any interest, fees or other amounts accruing on the basis Each of the Applicable Rate during periods Loan Parties hereby (or portions thereofi) prior consents to this Amendment, (ii) confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement and (iii) agrees that all security interests and guarantees granted by it pursuant to any Loan Document shall secure and extend to the Obligations (including, without limitation, with respect to the Tranche B-2 Dollar Term Loans). This Amendment Effective Date will accrue on the basis shall not constitute a novation of the Applicable Rate in effect for such periods prior Credit Agreement, any of the Loan Documents or any of the obligations thereunder. The undersigned Required Lenders hereby consent to the execution of this Amendment Effective Dateand direct the Collateral Trustee and the Administrative Agent to execute this Amendment.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Amended Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other provision of the Amended Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Second Amendment Effective Date, (i) each reference in the Existing Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Amended Credit Agreement and (ii) each reference in any Loan Document to the “Term Lender”, “Term Loans”, “Lender” or “Loan” shall be deemed a reference to the Additional 2018 Incremental Term Lenders or Additional 2018 Incremental Term Loans, as amended and restated herebyapplicable. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan DocumentsDocuments and shall be deemed to be an “Incremental Amendment” as defined in the Amended Credit Agreement.
(c) Changes Each Loan Party hereby (i) acknowledges that it has reviewed the terms and provisions of this Amendment, (ii) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party, (iii) ratifies and reaffirms each grant of a lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, each grant of security made by such Loan Party pursuant to the Collateral Documents) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents (including, for the avoidance of doubt, all Obligations, Obligations Secured and Guaranteed Obligations in respect of the Additional 2018 Incremental Term Loans made available hereunder, each as defined in the Applicable Rate applicable Loan Document), subject to the terms thereof, (iv) acknowledges and agrees that each Loan Document to which it is a party or otherwise bound shall continue and remain in full force and effect and all of its obligations thereunder shall be valid and enforceable and not be impaired or limited by the execution of this Amendment and (v) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations, Obligations Secured, and Guaranteed Obligations (each as defined in the applicable Loan Document) (including, for Revolving Loansthe avoidance of doubt, Tranche A all such obligations in respect of the Additional 2018 Incremental Term Loans made available hereunder) pursuant to the Guaranty.
(d) Each party hereto agrees and Commitment Fees effected by acknowledges that this Amendment shall be effective for constitutes all periods (notices or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis requests required under Sections 2.14 of the Applicable Rate during periods (or portions thereof) prior Existing Credit Agreement, and to the Amendment Effective Date will accrue on extent inconsistent with any requirement or provision thereof, hereby waives any such inconsistency in effecting the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Dateamendments, agreements and undertakings provided herein.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders Purchasers or the Agent Agents under the Credit Note Purchase Agreement or any other Loan Note Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Note Purchase Agreement or any other provision of the Credit Agreement or of any other Loan Note Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Note Purchase Agreement pursuant to this Amendment and all other Note Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Note Purchase Agreement and the other Note Documents as in effect prior to the First Amendment Effective Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Note Purchase Agreement or entitle the Borrower any Note Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Note Purchase Agreement or any other Loan Note Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Note Purchase Agreement and the other Note Documents specifically referred to herein.
(b) On and after the First Amendment Effective Date, each reference in the Credit Amended Note Purchase Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Credit Agreement Note Purchase Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Note Document, shall be deemed a reference to the Credit Agreement as amended and restated herebyAmended Note Purchase Agreement. This Amendment shall constitute a "Loan “Note Document" ” for all purposes of the Credit Note Purchase Agreement and the other Loan Note Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Incremental Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On From and after the Amendment No. 2 Effective Date, (i) each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended hereby and restated hereby(ii) each reference in any Loan Document to the “Term Lenders”, “Term Loans” or “Term Facility” shall be deemed to include a reference to the Amendment No. 2 Incremental Term Lenders, the Amendment No. 2 Incremental Term Loans or the Amendment No. 2 Incremental Term Loan Facility, respectively, as the context may require.
(c) This Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan DocumentsDocuments and shall be deemed to be an “Incremental Amendment”, as defined in the Credit Agreement.
(cd) Changes in Each party hereto acknowledges that this Amendment constitutes all notices or requests required under Section 2.25 of the Applicable Rate Credit Agreement.
(e) The Administrative Agent and each Lender party hereto consents to an Interest Period for Revolving Loans, Tranche A the Amendment No. 2 Incremental Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) beginning on and after the Amendment No. 2 Effective Date. Any interest, fees or other amounts accruing Date and ending on the basis last day of the Applicable Rate during periods (or portions thereof) Interest Period then in effect with respect to the Initial Term Loans outstanding immediately prior to the effectiveness of this Amendment Effective Date will accrue on (the basis “Existing Term Loans”).
(f) This Amendment shall not constitute a novation of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement or any other Loan Document.
Appears in 1 contract
Sources: Credit Agreement (CLARIVATE PLC)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Agent Loan Parties under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effecteffect and nothing herein can or may be construed as a novation thereof. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and its prior grant and the Borrower to a consent tovalidity, or a waiver, amendment, modification or other change of, any enforceability and perfection of the terms, conditions, obligations, covenants or agreements contained Liens granted by it pursuant to the Security Documents with all such Liens continuing in full force and effect after giving effect to this Amendment. The parties hereto acknowledge and agree that the amendment and restatement of the Credit Agreement or any pursuant to this Amendment and all other Loan Document Documents amended and/or executed and delivered in similar or different circumstances.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document connection herewith shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall not constitute a "Loan Document" for all purposes novation of the Credit Agreement and the other Loan Documents.
(c) Changes Documents as in effect prior to the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Effective Date This Amendment shall be effective constitute a Loan Document for all periods (or portions thereof) on purposes of the Credit Agreement and from and after the Amendment Effective Date, all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Any interest, fees or other amounts accruing on the basis Each of the Applicable Rate during periods (or portions thereof) prior Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement as amended hereby.
Appears in 1 contract
Sources: Credit Agreement (Servicemaster Global Holdings Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not not, by implication or otherwise otherwise, limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Administrative Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Sixth Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ” or words of like import, and each reference to the “Credit Agreement Agreement,” “thereunder,” “thereof,” “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Credit Agreement Agreement, as amended and restated hereby. This Amendment shall constitute a "Refinancing Amendment entered into pursuant to Section 2.14 of the Credit Agreement and a “Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, the Collateral Agent or the Agent Loan Parties under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement (including, as amended by the First Amendment) or any other Loan Document (including the First Amendment) is hereby ratified and affirmed reaffirmed in all respects and shall continue in full force and effecteffect and nothing herein can or may be construed as a novation thereof. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent tovalidity, or a waiver, amendment, modification or other change of, any enforceability and perfection of the terms, conditions, obligations, covenants or agreements contained in Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the First Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement, as amended hereby. This Amendment shall constitute a "Loan Document" for all purposes Additionally, the Lenders party hereto (such Lenders constituting Required Lenders) hereby consent to the terms of to the Credit Agreement (as amended by the First Amendment and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, hereby). The consent of each Tranche A Term Loans Lender, each Revolving Credit Lender and Commitment Fees each Lender with respect to any facility under Section 2.14, 2.15 or 2.16 effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Second Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCollateral Release Amendments shall be binding upon each of its successors and assigns.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Lenders any Agent or the Agent any Lender under the Credit Agreement or any other Loan DocumentDocuments, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan DocumentDocuments, all of which are ratified and affirmed in all respects respects, as amended hereby, and shall continue in full force and effect, as amended hereby, except that, on and after the Effective Date, each reference to the Credit Agreement in the Loan Documents shall mean and be a reference to the Credit Agreement as amended by this Amendment. Nothing Each Guarantor hereby confirms that it has reviewed this Amendment and hereby expressly consents to this Amendment and the transactions contemplated hereby and ratifies and affirms all of its obligations under the Loan Documents, including, without limitation, the guaranty in Section 2.1 of each of the U.S. Guarantee and Collateral Agreement and the Canadian Guarantee and Collateral Agreement, as applicable. Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document Documents in similar or different circumstances.
(b) On and after the . This Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference is a Loan Document executed pursuant to the Credit Agreement in any other Loan Document and shall be deemed a reference to construed, administered and applied in accordance with the Credit Agreement as amended terms and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documentsprovisions thereof.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Abl Credit Agreement (Veritiv Corp)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent Collateral Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of Loan Document. Except as expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effecteffect and each Loan Party reaffirms its obligations under the Loan Documents to which it is party and the grant of its Liens on the Collateral made by it pursuant to the Security Documents. Nothing herein This Amendment shall be deemed to entitle the Borrower to constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the termsCredit Agreement, conditionsincluding without limitation for purposes of Sections 10.14, obligations10.15 and 10.17 thereof, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 4 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Restaurant Brands International Limited Partnership)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Agent, the LC Facility Issuing Bank or the Agent Issuing Banks, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement thereof or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Credit Agreement and the other Loan Documents is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein Each Loan Party and each Foreign Borrower reaffirms its obligations under the Loan Documents to which it is party and the validity of the Liens granted by it pursuant to the Security Documents. For the avoidance of doubt, the Canadian Term C Lenders shall be deemed to entitle Secured Parties under the Borrower to Credit Agreement. This Amendment shall constitute a consent to, or a waiver, amendment, modification or other change of, any Loan Document for purposes of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No.1 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties and restated hereby. This each of the Foreign Borrowers hereby consents to this Amendment and confirms that all obligations of each such Loan Party or Foreign Borrower under the Loan Documents to which such Loan Party or Foreign Borrower is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment (i) shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent, any other Agent or the Agent Issuing Lenders, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle Each Loan Party hereby expressly acknowledges the Borrower to a consent toterms of this Amendment and reaffirms, or a waiver, amendment, modification or other change of, any as of the termsdate hereof, conditions, obligations, (i) the covenants or 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 this Amendment and the transactions contemplated hereby 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 Security Documents. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 1 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement,” “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Davita Inc)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any As of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment No. 3 Effective Date, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof", ",” “herein", ,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement in any other Loan Document (including, without limitation, by means of words like “thereunder,” “thereof” and words of like import), shall mean and be deemed a reference to the Credit Agreement as amended hereby, and restated herebythis Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment shall constitute a "Loan Document" for . The parties hereto hereby consent to the incurrence of the Dollar 2020 Term Loans and the Euro 2020 Term Loans upon the terms and subject to the conditions set forth herein. Upon the Amendment No. 3 Effective Date, (i) all purposes conditions and requirements set forth in the Credit Agreement or the other Loan Documents relating to the effectiveness of this Amendment shall be deemed satisfied, (ii) all conditions and requirements set forth in the Credit Agreement or the other Loan Documents relating to the incurrence of the Dollar 2020 Term Loans and the Euro 2020 Term Loans shall be deemed satisfied and (iii) the incurrence of the Dollar 2020 Term Loans and the Euro 2020 Term Loans shall be deemed arranged and consummated in accordance with the terms of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Amendment No. 3 (Informatica Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent Collateral Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and its prior grant and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the termsLiens granted by it pursuant to the Collateral Documents, conditions, obligations, covenants or agreements contained with all such Liens continuing in full force and effect after giving effect to this Amendment. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document. This Amendment shall constitute a Loan Document in similar or different circumstances.
(b) On for purposes of the Credit Agreement and from and after the Amendment No. 8 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and restated hereby. This Amendment confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement and the other Loan Documentsas amended hereby.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Amendment to Credit Agreement (Summit Materials, Inc.)
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Credit Loan Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or any other provision of the Credit Loan Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein Additionally, the Lenders party hereto and the Lenders that have executed a Consent (such Lenders constituting the relevant Required Lenders) hereby consent to the terms of to the Amended Loan Agreement and the Collateral and Guarantee Release Amendments. In addition, the consent of each Term A-1 Lender, Additional Term A-1 Lender, Incremental Term A-1 Lender and Revolving Lender to the Collateral and Guarantee Release Amendments shall be binding upon each of their successors and assigns (and in connection with any assignment of the Loans or Revolving Credit Commitments of such Lender, by signing the Assignment and Assumption the assignee of the Loans or Revolving Credit Commitments shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the have signed this Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference with respect to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended Collateral and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan DocumentsGuarantee Release Amendments).
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. Each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or of any other Loan Document, all of which are Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in Liens granted by it pursuant to the Collateral Documents. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On and from and after the Amendment No. 2 Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference all references to the Credit Agreement in any other Loan Document shall be deemed a reference and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Amendment. Each of the Loan Parties hereby (i) consents to this Amendment and restated hereby. This Amendment the Additional Term B Joinder Agreement, (ii) confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall constitute a "Loan Document" for all purposes of continue to apply to the Credit Agreement as amended hereby and by the other Additional Term B Joinder Agreement and (iii) agrees that all security interests granted by it pursuant to any Loan Documents.
(c) Changes in Document shall secure the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected Credit Agreement as amended by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective DateAdditional Term B Joinder Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinherein or in the Amended Agreement, this Amendment and Restatement Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Amended Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Agreement or any other Loan Document in similar or different circumstances.
(b) On and after the Amendment Third Restatement Effective Date, each reference in the Existing Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the “Credit Agreement Agreement” in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated herebyAmended Agreement. This Amendment and Restatement Agreement shall constitute a "“Loan Document" ” for all purposes of the Credit Amended Agreement and the other Loan Documents.
(c) Changes The changes to the definition of “Applicable Margin” in Section 1.01 of the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees Amended Agreement effected by pursuant to this Amendment and Restatement Agreement shall apply and be effective for all periods (or portions thereof) on and after the Amendment Third Restatement Effective Date. Any interest, fees or other amounts accruing on the basis The definition of “Applicable Margin” in Section 1.01 of the Applicable Rate during periods (or portions thereof) prior to Existing Credit Agreement shall apply and be effective for the Amendment Effective Date will accrue on period ending on, but not including, the basis of the Applicable Rate in effect for such periods prior to the Amendment Third Restatement Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Information Services, Inc.)
Effect of Amendment. (a) The Borrowers, the other Loan Parties parties hereto and the Lenders parties hereto hereby (i) waive, and authorize the Administrative Agent to waive, compliance with any requirement in the last sentence Section 14.7 of the Credit Agreement relating to the entering into of an Assignment and Acceptance pursuant to Section 14.6 with respect to any Non-Consenting Lender to this Amendment and any replacement Lender under Section 14.7 and (ii) authorize and instruct the Administrative Agent to process and accept any such assignment according to the foregoing. Notwithstanding the foregoing, from and after the Fourth Amendment Effective Date, any such replacement Lender shall be a Lender under the Credit Agreement for all purposes.
(b) Except as expressly set forth hereinprovided in this Amendment, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing nothing herein shall be deemed to entitle the Borrower any Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances.
(b) . On and after the Fourth Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan “Credit Document" ” for all purposes of the Credit Agreement and the other Loan Credit Documents.
(c) Changes in . Upon the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Fourth Amendment Effective Date. Any interest, fees or other amounts accruing on each Lender party hereto that is not a Lender under the basis of the Applicable Rate during periods (or portions thereof) Credit Agreement immediately prior to the Fourth Amendment Effective Date will accrue on be a Lender under the basis Credit Agreement for all purposes of the Applicable Rate in effect for such periods prior to the Amendment Effective DateCredit Agreement.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth hereinOn and after the Twelfth Amendment Effective Date, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies obligations of the Lenders or parties to the Agent under the Existing Credit Agreement or any other Loan Documentshall be governed by the Amended Credit Agreement, it being understood that those rights and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained obligations that are specified in the Existing Credit Agreement or any other provision as surviving a termination of the Credit Agreement or of any other Loan Document, all of which are ratified that agreement shall survive in accordance with their respective terms and affirmed in all respects without prejudice and shall continue remain in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On Each Loan Party reaffirms its obligations under the Loan Documents to which it is party and after the validity, enforceability and perfection of the Liens granted by it pursuant to the Security Documents. Each of the Loan Parties hereby consents to this Amendment Effective Date, each reference in and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement. The parties hereto acknowledge and agree that the amendment of the Amended Credit Agreement pursuant to "this Agreement", "hereunder", "hereof", "herein", or words of like import, Amendment and each reference to the Credit Agreement in any all other Loan Document Documents amended and/or executed and delivered in connection herewith shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall not constitute a "Loan Document" for all purposes novation of the Amended Credit Agreement and the other Loan DocumentsDocuments as in effect prior to the Twelfth Amendment Effective Date.
(c) Changes This Amendment shall constitute a Loan Document and a Specified Refinancing Amendment for purposes of the Amended Credit Agreement.
(d) This Amendment shall constitute the notice required by Section 3.4(a) with respect to the prepayment in the Applicable Rate for Revolving Loans, Tranche A full of all outstanding Incremental B-2021 Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) immediately prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Twelfth Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Administrative Agent or the Agent any other Agent, in each case under the Original Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Original Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed Each Loan Party reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On guarantees and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference Liens granted by it pursuant to the Credit Agreement in any other Loan Document shall be deemed a reference Collateral Documents (including, without limitation, with respect to the Credit Agreement as amended New Term Loans and restated herebythe New Revolving Facility). This Amendment shall constitute a "Loan Document" Document for all purposes of the Amended Credit Agreement and, from and after the Amendment No. 2 Effective Date, (x) all references to the Original Credit Agreement or Amended Credit Agreement in any Loan Document and all references in the Original Credit Agreement or Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Original Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement and (y) all references to any other Loan Document amended hereby in any Loan Document and all references in such Loan Document to “this Agreement”, “hereunder”, “hereof” or words of like import referring to such Loan Document, shall, unless expressly provided otherwise, refer to such Loan Document as amended by this Amendment. Each of the Loan Parties hereby (i) consents to this Amendment, (ii) confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Amended Credit Agreement and (iii) agrees that all security interests granted by it pursuant to any Loan Document shall secure the Senior Credit Obligations under the Amended Credit Agreement and the other Loan Documents.
Documents (c) Changes in including, without limitation, with respect to the Applicable Rate for Revolving Loans, Tranche A New Term Loans and Commitment Fees effected by this the New Revolving Facility). This Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis not constitute a novation of the Applicable Rate during periods (Original Credit Agreement or portions thereof) prior to the Amendment Effective Date will accrue on the basis any of the Applicable Rate in effect for such periods prior to the Amendment Effective DateLoan Documents.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of of, the Lenders or the Agent Agents under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Existing Credit Agreement and the other Loan Documents as in effect prior to the Fifth Amendment Effective Date or the Fifth Amendment Operative Date. Nothing herein shall be deemed to establish a precedent for purposes of interpreting the provisions of the Existing Credit Agreement or the Amended Credit Agreement or entitle the Borrower any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances. This Amendment shall apply to and be effective only with respect to the provisions of the Existing Credit Agreement and the other Loan Documents specifically referred to herein.
(b) On and after the Fifth Amendment Effective Operative Date, each reference in the Existing Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein", ” or words of like import, and each reference to the Existing Credit Agreement Agreement, “thereunder”, “thereof”, “therein” or words of like import in any other Loan Document Document, shall be deemed a reference to the Amended Credit Agreement as amended and restated herebyAgreement. This Amendment shall constitute a "“Loan Document" ” for all purposes of the Amended Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, this Second Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the existing Credit Agreement or any other provision of the existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On The parties hereto acknowledge and agree that this Second Amendment and the other Loan Documents executed and delivered in connection with this Second Amendment do not constitute a novation or termination of any of the Obligations .
(c) From and after the Second Amendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof"”, "“herein"”, or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended hereby. From and restated after the Second Amendment Effective Date, each reference in the Loan Documents to the “Pledge and Security Agreement” shall be deemed a reference to the Pledge and Security Agreement as amended hereby. This Second Amendment shall constitute a "“Loan Document" ” for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Refinancing Amendment (Hologic Inc)
Effect of Amendment. (a) Each reference that is made in the Credit Agreement or any Credit Document to the “Credit Agreement” shall hereafter be construed as a reference to the Credit Agreement as amended hereby, Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent Agents under the Credit Agreement or any other Loan Credit Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or of any other Loan Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed to entitle the Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.
(b) On By executing and delivering a copy hereof, each Credit Party hereby consents to this Amendment and the transactions contemplated hereby and each U.S. Credit Party hereby confirms its respective guarantees, pledges and grants of security interests, and other obligations, as applicable, under and subject to the terms of each of the Credit Documents to which it is party, and agrees that, notwithstanding the effectiveness of this Amendment, such guarantees, pledges and grants of security interests, and other obligations, and the terms of each of the Credit Documents to which it is a party, shall continue to be in full force and effect, including to secure the Obligations. For the avoidance of doubt, on and after the Amendment No. 3 Effective Date, each reference in this Amendment shall for all purposes constitute a Credit Document.
(c) The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to "this Agreement", "hereunder", "hereof", "herein", or words of like import, Amendment and each reference to the all other Credit Agreement Documents amended and/or executed and delivered in any other Loan Document connection herewith shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall not constitute a "Loan Document" for all purposes novation of the Credit Agreement and the other Loan Documents.
(c) Changes Credit Documents as in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) effect prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment No. 3 Effective Date.
Appears in 1 contract
Effect of Amendment. (a) Except as expressly set forth herein, (i) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders Lenders, the Agent or the Agent Issuing Banks, in each case under the Existing Credit Agreement or any other Loan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Credit Agreement either such agreement or of any other Loan Document. Each and every term, all of which are condition, obligation, covenant and agreement contained in the Existing Credit Agreement or any other Loan Document is hereby ratified and re-affirmed in all respects and shall continue in full force and effect. Nothing herein shall be deemed The U.S. Borrower and each Loan Guarantor reaffirms its obligations under the Loan Documents to entitle which it is party and the Borrower to a consent to, or a waiver, amendment, modification or other change of, any validity of the termsLiens granted by it pursuant to the Security Documents. This Amendment shall constitute a Loan Document for purposes of the Amended Credit Agreement and from and after the Incremental Amendment No. 2 Effective Date, conditions, obligations, covenants or agreements contained all references to the Credit Agreement in any Loan Document and all references in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. The U.S. Borrower and each of the Loan Guarantors hereby consents to this Amendment and confirms that all obligations of the U.S. Borrower or each such Loan Guarantor under the Loan Documents to which the U.S. Borrower and such Loan Guarantor is a party shall continue to apply to the Amended Credit Agreement. This Amendment shall not constitute a novation of the Existing Credit Agreement or any other Loan Document in similar or different circumstancesDocument.
(b) On and after the Amendment Effective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof", "herein", or words of like import, and each reference to the Credit Agreement in any other Loan Document shall be deemed a reference to the Credit Agreement as amended and restated hereby. This Amendment shall constitute a "Loan Document" for all purposes of the Credit Agreement and the other Loan Documents.
(c) Changes in the Applicable Rate for Revolving Loans, Tranche A Term Loans and Commitment Fees effected by this Amendment shall be effective for all periods (or portions thereof) on and after the Amendment Effective Date. Any interest, fees or other amounts accruing on the basis of the Applicable Rate during periods (or portions thereof) prior to the Amendment Effective Date will accrue on the basis of the Applicable Rate in effect for such periods prior to the Amendment Effective Date.
Appears in 1 contract
Sources: Incremental Amendment (Aramark)