Common use of ENTIRE AMENDMENT; EFFECT OF AMENDMENT Clause in Contracts

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Agreement expressly set forth in Section 2, hereof, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of or as an amendment of any right, power, or remedy of the Lenders as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Loan Agreement expressly set forth in Section 2, 2 hereof, the Credit Loan Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the The execution, delivery, and performance of this Amendment shall not operate as a waiver of or or, except as expressly set forth herein, as an amendment of of, any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereofhereof (including without limitation, with respect to any Default or Event of Default occurring as a result of the failure of Borrowers to comply with the covenants set forth in Section 7.19 of the Loan Agreement or with any other provision of any Loan Document). The amendments and other agreements set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Second Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Agreement expressly set forth in Section 2, hereofthis Second Amendment, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the The execution, delivery, and performance of this Second Amendment shall not operate as a waiver of or or, except as expressly set forth herein, as an amendment of of, any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereof. The amendments amendments, waiver, and consent set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, and except as expressly set forth herein, shall not neither excuse any future non-compliance with the Credit Agreement, and nor shall not operate as a consent to waiver of any further Default or other matter, under the Loan DocumentsEvent of Default. To the extent any terms or provisions of this Second Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Second Amendment shall control. This Second Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Agreement expressly set forth in Section 2, hereof, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of or as an amendment of any right, power, or remedy of Agent or the Lenders as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Agreement expressly set forth in Section 2, hereof, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of or as an amendment of any right, power, or remedy of the Lenders as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Loan Agreement expressly set forth in Section 22 hereof, and the waivers expressly set forth in Section 3 hereof, the Credit Loan Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the The execution, delivery, and performance of this Amendment shall not operate as a waiver of or or, except as expressly set forth herein, as an amendment of of, any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereof. The amendments and other agreements set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Loan Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document. Any failure by Borrowers to comply with any of the covenants or other agreements set forth herein shall constitute an immediate Event of Default.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Loan Agreement expressly set forth in Section 2, 2 hereof, the Credit Loan Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the The execution, delivery, and performance of this Amendment shall not operate as a waiver of or or, except as expressly set forth herein, as an amendment of of, any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, and except as expressly set forth herein, shall not neither excuse any future non-compliance with the Credit Loan Agreement, and nor shall not operate as a consent to waiver of any further Default or other matterEvent of Default, under including without limitation the Loan DocumentsPotential Event of Default. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Loan Agreement expressly set forth in Section 2, Sections 2 and 3 hereof, the Credit Agreement Loan Agreement, as amended by the First Amendment, and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the The execution, delivery, and performance of this Amendment shall not operate as a waiver of or or, except as expressly set forth herein, as an amendment of of, any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Loan Agreement, and shall not operate as a consent to waiver of any further Default or other matter, under the Loan DocumentsEvent of Default. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and ------------------------------------- provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Loan Agreement expressly set forth in Section 2, 2 hereof, the Credit Loan Agreement --------- and other Loan Documents shall be and remain unchanged and in full force and effecteffect in accordance with their respective terms and are hereby ratified and confirmed in all respects. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of or as an amendment of any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereof. The amendments and other agreements set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Loan Agreement, and shall not operate as a waiver of or consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Loan Agreement expressly set forth in Section 2, 2 hereof, the Credit Loan Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the The execution, delivery, and performance of this Amendment shall not operate as a waiver of or or, except as expressly set forth herein, as an amendment of of, any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Loan Agreement, and shall not operate as a consent to waiver of any further Default or other matter, under the Loan DocumentsEvent of Default. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Agreement expressly set forth in Section 2, hereof, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of or as an amendment of any right, power, or remedy of Agent or the Lenders as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New SubsidiariesTransaction Parties) other than those on which the same are based, shall not excuse future non-compliance with the Credit Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and ------------------------------------- provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Loan Agreement expressly set forth in Section 2, 3 hereof, the Credit Loan Agreement --------- and other Loan Documents shall be and remain unchanged and in full force and effecteffect in accordance with their respective terms and are hereby ratified and confirmed in all respects. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of or as an amendment of any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereof. The amendments and other agreements set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, shall not excuse future non-compliance with the Credit Loan Agreement, and shall not operate as a waiver of or consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between among the parties hereto with respect pertaining to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect relating to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Agreement expressly set forth in Section 2, 2 hereof, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the The execution, delivery, and performance of this Amendment shall not operate as a waiver of or or, except as expressly set forth herein, as an amendment of of, any right, power, or remedy of the Lenders Lender Group as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New Subsidiaries) other than those on which the same are based, and except as expressly set forth herein, shall not neither excuse any future non-compliance with the Credit Agreement, and nor shall not operate as a consent to waiver of any further Default or other matter, under the Loan DocumentsEvent of Default. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.

ENTIRE AMENDMENT; EFFECT OF AMENDMENT. This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect to the subject matter hereof, whether express or implied, oral or written. Except for the amendments to the Credit Agreement expressly set forth in Section 2, hereof, the Credit Agreement and other Loan Documents shall remain unchanged and in full force and effect. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of or as an amendment of any right, power, or remedy of the Lenders as in effect prior to the date hereof. The amendments set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences (or any Subsidiary other than the New SubsidiariesSubsidiary) other than those on which the same are based, shall not excuse future non-compliance with the Credit Agreement, and shall not operate as a consent to any further or other matter, under the Loan Documents. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. This Amendment is a Loan Document.