Common use of Refinancing Permitted Clause in Contracts

Refinancing Permitted. As an agreement among the Secured Parties only and without prejudice to any rights of the Secured Parties under the Revolving Loan Documents and Merger Loan Documents, as applicable, the Revolving Loan Debt and/or Merger Loan Debt may be refinanced in their entirety if the terms and provisions of any such refinancing debt, if instead implemented as modifications to the debt being refinanced, could be effected without the consent of the Agent to the debt not being refinanced, in accordance with the provisions of Section 8.4 hereof, and the holders of such indebtedness, or a duly authorized agent on their behalf, agree in writing to be bound by the terms of this Agreement. Revolving Loan Lender and Merger Loan Agent, for itself and on behalf of Merger Loan Secured Parties, agree, in connection with any refinancing of the Revolving Loan Debt and/or the Merger Loan Debt permitted by this Section 9.3(a), promptly to enter into such documents and agreements (including amendments or supplements to this Agreement) as Grantors may reasonably request to reflect such refinancing; provided, that, the rights and powers of the Secured Parties contemplated hereby shall not be affected thereby.

Refinancing Permitted. As an agreement among the Secured Parties only and without prejudice to any rights of the Secured Parties under the Revolving Loan Documents and Merger Term Loan Documents, as applicable, the Revolving Loan Debt and/or Merger Term Loan Debt may be refinanced in their entirety if (a) the terms and provisions of any such refinancing debtdebt are such that, if they were instead implemented as modifications amendments to the existing debt being refinancedrefinanced rather than as a refinancing of such existing debt, such terms and conditions could be effected without the consent of the Agent to the existing debt not being refinancedrefinanced in connection with such transaction, in accordance with the provisions of Section 8.4 hereof10.4 or Section 10.5, as applicable, and (b) the holders of such indebtedness, or a duly authorized agent on their behalf, agree in writing to be bound by the terms of this Agreement. Revolving Loan Lender Agent, for itself and Merger on behalf of the Revolving Loan Secured Parties, and Term Loan Agent, for itself and on behalf of Merger the Term Loan Secured Parties, agree, in connection with any refinancing of the Revolving Loan Debt and/or the Merger Term Loan Debt permitted by this Section 9.3(a11.3(a), promptly to enter into such documents and agreements (including amendments or supplements to this Agreement) as Grantors may reasonably request to reflect such refinancing; provided, that, the rights and powers of the Secured Parties contemplated hereby shall not be affected thereby.