Common use of Existing Credit Agreement Superseded Clause in Contracts

Existing Credit Agreement Superseded. This Agreement shall, on the Closing Date, supersede the Existing Credit Agreement in its entirety. On the Closing Date, (i) the rights and obligations of the parties under each of the Existing Credit Agreement and the “Notes” defined therein shall cease to be governed by the Existing Credit Agreement and shall be governed by this Agreement and the Notes; (ii) the “Obligations” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement with respect to the Revolving Loans shall be Obligations hereunder; and (iii) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Closing Date, continue outstanding under this Agreement and shall not be deemed to be paid, released, discharged or otherwise satisfied by the execution of this Agreement. The Lenders’ interests in such Obligations, and participations in such Letters of Credit, shall be reallocated on the Closing Date in accordance with each Lender’s applicable Revolving Commitment Percentages.

Existing Credit Agreement Superseded. This Agreement shall, on the Closing Date, shall supersede the Existing Credit Agreement in its entirety, except as provided in this § 29. On the Closing Effective Date, (i) the rights and obligations of the parties under each of the Existing Credit Agreement and the “Notes” defined therein shall cease to be governed by the Existing Credit Agreement subsumed within and shall be governed by this Agreement and the Notes; (ii) , provided, however, that any of the “ObligationsLoans” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement with respect to shall, for purposes of this Agreement, be Loans hereunder. This Agreement is given as a substitution of, and not as a payment of, the Revolving Loans shall be Obligations hereunder; and (iii) the Obligations incurred obligation of Borrower under the Existing Credit Agreement shall, and is not intended to constitute a novation of the extent outstanding on the Closing Date, continue outstanding under this Agreement and shall not be deemed to be paid, released, discharged or otherwise satisfied by the execution of this Existing Credit Agreement. The Lenders’ interests in such Obligations, and participations in such Letters of Credit, Loans shall be reallocated on the Closing Effective Date in accordance with each Lender’s applicable Revolving Commitment PercentagesPercentage in order that, after giving effect thereto, the Lenders shall have outstanding Loans representing their portion of the Total Commitment, as described on Schedule 1.2, and the Lenders shall make appropriate payments to each other in order to accomplish such reallocation. In connection therewith, the Borrower shall compensate and indemnify the Lenders as provided in §4.8 of the Existing Credit Agreement as if such payments by the Lenders to each other were prepayments by the Borrower of the “Loans” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement.

Existing Credit Agreement Superseded. This Credit Agreement shall, on the Closing Date, shall supersede the Existing Credit Agreement in its entirety, except as provided in this Section 10.19. On the Closing Date, (i) the rights and obligations of the parties under each of the Existing Credit Agreement and the “Notes” defined therein shall cease to be governed by the Existing Credit Agreement subsumed within and shall be governed by this Credit Agreement and the Notes; provided however, that for purposes of this clause (iii) any of the “Obligations” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement with respect to the Revolving Loans shall shall, for purposes of this Credit Agreement, be Obligations hereunder; , and (iiiii) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Closing Date, continue outstanding under this Credit Agreement and shall not be deemed to be paid, released, discharged or otherwise satisfied by the execution of this Credit Agreement, and this Credit Agreement shall not constitute a refinancing, substitution or novation of such Obligations or any of the other rights, duties and obligations of the parties hereunder. The Lenders’ interests in such Obligations, and participations in such Letters of Credit, shall be reallocated on the Closing Date in accordance with each Lender’s applicable Revolving Commitment Percentages.

Existing Credit Agreement Superseded. This Agreement shall, on the Closing Date, supersede the Existing Credit Agreement in its entirety. On the Closing Date, : (i) the rights and obligations of the parties under each of the Existing Credit Agreement and the “Notes” defined therein shall cease to be governed by the Existing Credit Agreement and shall be governed by this Agreement and the Notes; (ii) the “Obligations” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement with respect to the Revolving Loans shall be Obligations hereunder; and (iii) the Obligations incurred under the Existing Credit Agreement shall, to the extent outstanding on the Closing Date, continue outstanding under this Agreement and shall not be deemed to be paid, released, discharged or otherwise satisfied by the execution of this Agreement. The Lenders’ interests in such Obligations, and participations in such Letters of Credit, shall be reallocated on the Closing Date in accordance with each Lender’s applicable Revolving Commitment PercentagesPro Rata Shares. Each Lender party hereto that is a lender under the Existing Credit Agreement hereby waives any right to request compensation under Section 3.05 of the Existing Credit Agreement in connection with the transactions to occur on the Closing Date (including any reallocation of loans under the Existing Credit Agreement as Loans outstanding hereunder on the Closing Date).

Existing Credit Agreement Superseded. This Credit Agreement shall, on the Closing Date, shall supersede the Existing Credit Agreement in its entirety, except as provided in this Section 11.24. On the Closing Effective Date, (i) the rights and obligations of the parties under each of the Existing Credit Agreement and the “Notes” defined therein shall cease to be governed by the Existing Credit Agreement subsumed within and shall be governed by this Credit Agreement and the NotesNotes issued hereunder; (ii) provided however, that any of the “Obligations” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement with respect to the Revolving Loans shall shall, for purposes of this Credit Agreement, be Obligations hereunder; and . Each outstanding Loan (iii) the Obligations incurred under as defined in the Existing Credit Agreement shall, to the extent outstanding on the Closing Date, continue outstanding under this Agreement and Agreement) of a Lender shall not be deemed to be paid, released, discharged or otherwise satisfied a Loan hereunder and credited against such Lender’s obligation to make a Loan under Section 2.01 on the Effective Date all as determined by the execution Administrative Agent such that the Loans of this Agreement. The Lenders’ interests in such Obligations, and participations in such Letters of Credit, each Lender on the Effective Date shall be reallocated on the Closing Date in accordance with each Lender’s applicable Revolving Commitment PercentagesPercentage hereunder.