Common use of Effect of Restatement Clause in Contracts

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (ciii) the liens and security interests in favor of the Agent for the benefit of the Secured Parties Lenders securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (div) all references in the other Loan Documents to the Credit this Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Original Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Original Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Original Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent and the Incremental Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby, (ai) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (ciii) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (div) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens Liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties and the Issuing Bank securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the “Credit Agreement Agreement” shall be deemed to refer without further amendment to the Existing Credit Agreement as amended and restated by this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Closing Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that except to the extent contemplated hereby, (ai) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (ciii) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (div) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.. 101

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (ciii) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (div) all references in the other Loan Documents to the Credit this Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Original Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Original Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Original Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Existing Loans and the Existing Letters of Credit outstanding under the First Restated Credit Agreement as of the Second Restatement DateCredit. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect immediately prior to the Second Restatement Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (ciii) the liens and security interests in favor of the either Agent for the benefit of the Secured Parties Lenders and the other secured parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (div) all references in the other Loan Documents to the Credit this Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations (except as otherwise expressly provided for in the Amendment Agreement) and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Original Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Original Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Original Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Administrative Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the “Credit Agreement Agreement” shall be deemed to refer without further amendment to this AgreementAgreement as amended and restated.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Original Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Original Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Original Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Effective Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Administrative Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this AgreementAgreement as amended and restated.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Effective Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Effective Date. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Effective Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (ciii) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (div) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Credit Existing Loan Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Credit Existing Loan Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Loan Documents Related Agreements executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations Liabilities under the First Restated Credit Existing Loan Agreement and the other Loan Documents Related Agreements as in effect prior to the Second Restatement Date, (bii) such Obligations Liabilities are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan DocumentsRelated Agreements, (ciii) the liens and security interests in favor of the Agent for the benefit of the Secured Parties Lender securing payment of such Obligations Liabilities are in all respects continuing and in full force and effect with respect to all Obligations Liabilities and (div) all references in the other Loan Documents Related Agreements to the Credit this Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Existing Revolving Credit Agreement from and after the Second Restatement Closing Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Revolving Credit Agreement as of the Second Restatement Closing Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Credit Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Revolving Credit Agreement and the other Loan Credit Documents as in effect prior to the Second Restatement Closing Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Credit Documents, (c) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Credit Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except as otherwise expressly set forth herein, supersede the First Restated Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (a) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a 188 novation, payment and reborrowing or termination of the Obligations under the First Restated Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (b) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (c) the liens and security interests in favor of the Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (d) all references in the other Loan Documents to the Credit Agreement shall be deemed to refer without further amendment to this Agreement.

Effect of Restatement. This Agreement shall, except ---------------------- as otherwise expressly set forth herein, supersede the First Restated Existing Credit Agreement from and after the Second Restatement Date with respect to the transactions hereunder and with respect to the Loans and Letters of Credit outstanding under the First Restated Existing Credit Agreement as of the Second Restatement Date. The parties hereto acknowledge and agree, however, that (ai) this Agreement and all other Loan Documents executed and delivered herewith do not constitute a novation, payment and reborrowing or termination of the Obligations under the First Restated Existing Credit Agreement and the other Loan Documents as in effect prior to the Second Restatement Date, (bii) such Obligations are in all respects continuing with only the terms being modified as provided in this Agreement and the other Loan Documents, (ciii) the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of such Obligations are in all respects continuing and in full force and effect with respect to all Obligations and (div) all references in the other Loan Documents to the Credit this Agreement shall be deemed to refer without further amendment to this Agreement.