Common use of Existing Credit Agreement Amended and Restated Clause in Contracts

Existing Credit Agreement Amended and Restated. This Agreement shall amend and restate the Existing Credit Agreement in its entirety. On the Effective Date, the rights and obligations of the parties under the Existing Credit Agreement shall be subsumed within and be governed by this Agreement; provided, however, that each of the Revolving Loans and Swingline Loans (as such term is defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall, for purposes of this Agreement, be included as Revolving Loans and Swingline Loans hereunder and all LC Exposure (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall be LC Exposure hereunder. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination of the “Obligations” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Effective Date, and (b) such “Obligations” are in all respects continuing (as amended and restated hereby) as indebtedness and obligations outstanding under this Agreement.

Existing Credit Agreement Amended and Restated. This Upon satisfaction of the conditions precedent to the effectiveness of this Agreement, (a) this Agreement shall amend and restate the Existing Credit Agreement in its entirety. On the Effective Date, (b) the rights and obligations of the parties under the Existing Credit Agreement shall be subsumed within and be governed by this Agreement; provided, however, that each of the Revolving Loans Loan Parties, each Agent, each Lender and Swingline Loans each Issuing Bank hereby agrees that (i) each of the “Loans” (as such term is defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall, for purposes of this Agreement, be included as Revolving Loans and Swingline Loans hereunder and all LC Exposure hereunder; (ii) each “Letter of Credit” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall be LC Exposure a Letter of Credit hereunder. The parties hereto acknowledge and agree that , (aiii) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination all Obligations of the “Obligations” (as defined in the Existing Credit Agreement) Loan Parties under the Existing Credit Agreement as shall remain outstanding, shall constitute continuing Obligations secured by the Collateral, and this Agreement shall not be deemed to evidence or result in effect prior to the Effective Datea novation or repayment and reborrowing of such Obligations, and (biv) such “Obligations” are all references to the Existing Credit Agreement in all respects continuing (as amended any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to this Agreement and restated hereby) as indebtedness and obligations outstanding under this Agreementthe provisions hereof.

Existing Credit Agreement Amended and Restated. This Agreement shall amend and restate the Existing Credit Agreement in its entirety. On the Effective Date, the rights and obligations of the parties under the Existing Credit Agreement shall be subsumed within and be governed by this Agreement; provided, however, that each of the Revolving Loans and Swingline Swing Line Loans (as such term is terms are defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall, for purposes of this Agreement, be included as Revolving Loans and Swingline Swing Line Loans hereunder and all LC Exposure L/C Obligations (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement on the Effective Date shall be LC Exposure L/C Obligations hereunder. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination of the “Obligations” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Effective Date, and (b) such “Obligations” are in all respects continuing (as amended and restated hereby) as indebtedness and obligations outstanding under this Agreement.

Existing Credit Agreement Amended and Restated. This On the Closing Date, this Agreement shall amend and restate the Existing Credit Agreement in its entiretyentirety but, for the avoidance of doubt, shall not constitute a novation of the parties’ rights and obligations thereunder. On the Effective Closing Date, the rights and obligations of the parties under hereto evidenced by the Existing Credit Agreement shall be subsumed within and be governed evidenced by this Agreement; providedAgreement and the other Loan Documents, however, that each of the Revolving Loans and Swingline Loans (“Loans” as such term is defined in the Existing Credit Agreement) Agreement shall remain outstanding under and be continued as, and converted to, Loans as defined herein and the Existing Letters of Credit Agreement on issued by the Effective Date shall, for purposes of this Agreement, be included as Revolving Loans and Swingline Loans hereunder and all LC Exposure Fronting Bank (as defined in the Existing Credit Agreement) for the account of the Borrower prior to the Closing Date shall remain issued and outstanding and shall be deemed to be Letters of Credit under this Agreement, and shall bear interest and be subject to such other fees as set forth in this Agreement. All interest and fees and expenses, if any, owing or accruing under or in respect of the Existing Credit Agreement through the Closing Date (including any Eurodollar Breakage Costs, as defined therein) shall be calculated as of the Closing Date (pro-rated in the case of any fractional periods), and shall be paid on the Effective Date shall be LC Exposure hereunderClosing Date. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination Remainder of the “Obligations” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement as in effect prior to the Effective Date, and (b) such “Obligations” are in all respects continuing (as amended and restated hereby) as indebtedness and obligations outstanding under this Agreement.page intentionally left blank)