Common use of Reference to and Effect Clause in Contracts

Reference to and Effect. on the Credit Agreement and the Loan Documents. (a) On and after the Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Third Amendment. (b) The Amended Credit Agreement and each of the other Loan Documents, as specifically amended by this Third Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. 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 applicable Loan Parties under the Loan Documents, in each case, as amended by this Third Amendment. (c) The execution, delivery and effectiveness of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) This Third Amendment shall constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and the 2025 Extending Revolving Facility Lenders and the Administrative Agent hereby agree to the foregoing).

Appears in 1 contract

Sources: Credit Agreement (Driven Brands Holdings Inc.)

Reference to and Effect. on the Credit Agreement and the Loan Other Credit Documents. (a) On and after the Third Fifth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Credit Agreement Agreement, and each reference in the Credit Documents and the Related Agreements 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 Third Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) The Amended This Amendment is hereby designated as a Credit Document. (c) Except as expressly set forth herein and that certain Amendment No. 1 to the Security Agreement, dated as of the date hereof, by and between the Company and the Administrative Agent, no other amendments, changes or modifications to the Credit Agreement and each of other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Loan Documents, as specifically amended by this Third Amendment, Credit Document are and shall continue to be in full force and effect and are hereby in all respects ratified specifically ratified, restated and confirmed. Without limiting the generality confirmed by all parties hereto as of the foregoingFifth Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the Security Documents terms of this Amendment shall control. The Credit Agreement and all of the Collateral described therein do this Amendment shall be read and shall continue to secure the payment of all Obligations of the applicable Loan Parties under the Loan Documents, in each case, construed as amended by this Third Amendmentone agreement. (cd) The execution, delivery and effectiveness of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Lender, the Administrative Agent, the Collateral Agent or the Administrative Paying Agent under any of the Loan DocumentsCredit Agreement, nor constitute a waiver of any provision of any of the Loan Documents. (d) This Third Amendment shall constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and the 2025 Extending Revolving Facility Lenders and the Administrative Agent hereby agree to the foregoing).

Appears in 1 contract

Sources: Credit Agreement (Enova International, Inc.)

Reference to and Effect. on the Credit Agreement and the other Loan Documents. (a) On and after the Third Amendment Effective Dateeffectiveness of this Waiver, each reference in the Credit Agreement to "this Agreement,” “", "hereunder,” “", "hereof' or words of like import referring to the Credit Agreement Agreement, and each reference in the Notes and each of the other 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 modified by this Third AmendmentWaiver. (b) The Amended Credit Agreement Agreement, the Notes and each of the other Loan Documents, as specifically amended modified by this Third AmendmentWaiver, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do in the Loan Documents does and shall continue to secure the payment of all Obligations of the applicable Loan Parties Borrowers under the Loan Documents, in each case, as amended by this Third Amendment. (c) The execution, delivery and effectiveness of this Third Amendment Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative any Agent under the Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of any of the Loan Documents. (d) This Third Amendment shall constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and or any other Loan Documents other than as expressly set forth herein, and, for the 2025 Extending Revolving Facility Lenders and avoidance of doubt upon the Administrative Agent hereby agree to expiration of the foregoing)Waiver Period, the waiver made hereunder shall expire.

Appears in 1 contract

Sources: Waiver to the Credit Agreement (Avado Brands Inc)

Reference to and Effect. on the Credit Security Agreement and the Loan Credit Documents. (a) On Except as expressly provided herein (i) the Security Agreement and the other Credit Documents shall be unmodified and shall continue to be in full force and effect in accordance with their terms and are hereby in all respects ratified and confirmed, (ii) the agreements of the Administrative Agent set forth herein shall be limited strictly as written, and (iii) this Amendment shall not be deemed a waiver of any term or condition of the Security Agreement or any other Credit Document and shall not be deemed to limit, impair, constitute a waiver of, or otherwise affect or prejudice any right or rights which the Administrative Agent or any Lender may now have or may have in the future under or in connection with the Security Agreement or any other Credit Document or any of the instruments or agreements referred to therein, as the same may be amended from time to time. (b) Each Grantor hereby affirms its obligations under the Security Agreement (as amended hereby) and the other Credit Documents and confirms its grant of a security interest in and Administrative Agent’s Lien on its assets as Collateral for the Obligations and acknowledges and affirms that such guarantee and/or grant is and shall remain in full force and effect in respect of, and to secure, the Obligations, in each case, in accordance with and subject to the terms of the Security Agreement and the other Credit Documents, as applicable. (c) Upon and after the Third Amendment Effective Datedate hereof, each reference in the Credit Security Agreement to “this Agreement,” ”, “hereunder,” ”, “herein”, “hereof” or words of like import referring to the Security Agreement, and each reference in the other Credit Agreement Documents to the “Security Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Security Agreement, shall mean and be a reference to the Credit Agreement, Security Agreement as modified and amended by this Third Amendment. (b) The Amended Credit Agreement and each of the other Loan Documents, as specifically amended by this Third Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. 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 applicable Loan Parties under the Loan Documents, in each case, as amended by this Third Amendment. (c) The execution, delivery and effectiveness of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan DocumentsAgreement. (d) This Third Amendment shall constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the a Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and the 2025 Extending Revolving Facility Lenders and the Administrative Agent hereby agree to the foregoing)Document.

Appears in 1 contract

Sources: Pledge and Security Agreement (Carbo Ceramics Inc)

Reference to and Effect. on the Credit Agreement and the Loan Other Credit Documents. (a) On and after the Third Amendment No. 7 Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Credit Agreement Agreement, and each reference in the Credit Documents and the Related Agreements 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 Third Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (bd) The Amended Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each of other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Loan Documents, as specifically amended by this Third Amendment, Credit Document are and shall continue to be in full force and effect and are hereby in all respects ratified specifically ratified, restated and confirmed. Without limiting the generality confirmed by all parties hereto as of the foregoingAmendment No. 7 Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the Security Documents terms of this Amendment shall control. The Credit Agreement and all of the Collateral described therein do this Amendment shall be read and shall continue to secure the payment of all Obligations of the applicable Loan Parties under the Loan Documents, in each case, construed as amended by this Third Amendmentone agreement. (ce) The execution, delivery and effectiveness of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender, Administrative Agent or Agent under any of the Loan DocumentsCredit Agreement, nor constitute a waiver of any provision of any of the Loan Documents. (d) This Third Amendment shall constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and the 2025 Extending Revolving Facility Lenders and the Administrative Agent hereby agree to the foregoing).

Appears in 1 contract

Sources: Credit Agreement (Enova International, Inc.)

Reference to and Effect. on the Existing Credit Agreement and the Loan Documents. (a) On 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 after remedies of the Third Amendment Effective DateLenders, each reference the Agent or the Borrower 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 to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Third Amendment. (b) The Amended Credit Agreement and each of the any other Loan DocumentsDocument, as specifically amended by this Third Amendment, all of which are ratified and affirmed in all respects and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedeffect. Without limiting the generality of the foregoing, the Security 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 Third Amendment. . 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 the Credit Agreement. The parties hereto acknowledge and agree that (ci) The execution, delivery and effectiveness the amendment of the Existing Credit Agreement pursuant to this Third Amendment shall notnot constitute a novation of the Existing Credit Agreement and the other Loan Documents as in effect prior to the Sixth Amendment Effective Date and (ii) after giving effect to this Amendment, except as expressly provided herein, operate no Default or Event of Default exists as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision result of any of the Loan Documentsprovisions of the Existing Credit Agreement referred to in clause (i) of the lead-in paragraph to Section 2 hereof. (db) This Third On and after the Sixth Amendment Effective Date, this Amendment shall for all purposes constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and the 2025 Extending Revolving Facility Lenders and the Administrative Agent hereby agree to the foregoing)a Loan Document.

Appears in 1 contract

Sources: Term Loan Credit Agreement (RumbleOn, Inc.)

Reference to and Effect. on the Credit Agreement and the Loan Other Credit Documents. (a) On and after the Third First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Credit Agreement Agreement, and each reference in the Credit Documents and the Related Agreements 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 Third Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) The Amended Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each of other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Loan Documents, as specifically amended by this Third Amendment, Credit Document are and shall continue to be in full force and effect and are hereby in all respects ratified specifically ratified, restated and confirmed. Without limiting the generality confirmed by all parties hereto as of the foregoingFirst Amendment Effective Date and Company shall not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the Security Documents terms of this Amendment shall control. The Credit Agreement and all of the Collateral described therein do this Amendment shall be read and shall continue to secure the payment of all Obligations of the applicable Loan Parties under the Loan Documents, in each case, construed as amended by this Third Amendmentone agreement. (c) The execution, delivery and effectiveness of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender, Administrative Agent or Agent under any of the Loan DocumentsCredit Agreement, nor constitute a waiver of any provision of any of the Loan Documents. (d) This Third Amendment shall constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and the 2025 Extending Revolving Facility Lenders and the Administrative Agent hereby agree to the foregoing).

Appears in 1 contract

Sources: Credit Agreement (Enova International, Inc.)

Reference to and Effect. on the Credit Agreement and the other Loan Documents. (a) On and after the Third Amendment Effective Dateeffectiveness of this Waiver Extension, each reference in the Credit Agreement to "this Agreement,” “", "hereunder,” “", "hereof' or words of like import referring to the Credit Agreement Agreement, and each reference in the Notes and each of the other 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 modified by this Third AmendmentWaiver Extension. (b) The Amended Credit Agreement Agreement, the Notes and each of the other Loan Documents, as specifically amended modified by this Third AmendmentWaiver Extension, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do in the Loan Documents does and shall continue to secure the payment of all Obligations of the applicable Loan Parties Borrowers under the Loan Documents, in each case, as amended by this Third Amendment. (c) The execution, delivery and effectiveness of this Third Amendment Waiver Extension shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative any Agent under the Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of any of the Loan Documents. (d) This Third Amendment shall constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and or any other Loan Documents other than as expressly set forth herein, and, for the 2025 Extending Revolving Facility Lenders and avoidance of doubt upon the Administrative Agent hereby agree to expiration of the foregoing)Extended Waiver Period, the waiver made hereunder shall expire.

Appears in 1 contract

Sources: Extension of Waiver to the Credit Agreement (Avado Brands Inc)

Reference to and Effect. on the Credit Agreement and the Loan Other Credit Documents. (a) On and after the Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Credit Agreement Agreement, and each reference in the Credit Documents and the Related Agreements 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 Third Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) The Amended This Amendment is hereby designated as a Credit Document. (c) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each of other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Loan Documents, as specifically amended by this Third Amendment, Credit Document are and shall continue to be in full force and effect and are hereby in all respects ratified specifically ratified, restated and confirmed. Without limiting the generality confirmed by all parties hereto as of the foregoingThird Amendment Effective Date and Company shall LEGAL_US_E # 150946042.5 not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the Security Documents terms of this Amendment shall control. The Credit Agreement and all of the Collateral described therein do this Amendment shall be read and shall continue to secure the payment of all Obligations of the applicable Loan Parties under the Loan Documents, in each case, construed as amended by this Third Amendmentone agreement. (cd) The execution, delivery and effectiveness of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender Lender, the Administrative Agent, the Collateral Agent or the Administrative Paying Agent under any of the Loan DocumentsCredit Agreement, nor constitute a waiver of any provision of any of the Loan Documents. (d) This Third Amendment shall constitute an “Incremental Assumption Agreement” and this Third Amendment shall constitute notice of the establishment of an Extended Revolving Facility Commitment to the Administrative Agent to the extent required under the Credit Agreement, including any notice required pursuant to Section 2.21 of the Credit Agreement (and the 2025 Extending Revolving Facility Lenders and the Administrative Agent hereby agree to the foregoing).

Appears in 1 contract

Sources: Credit Agreement (Enova International, Inc.)