Common use of Restatement Clause in Contracts

Restatement. Except as otherwise stated in Section 18.3 and this Section 18.4, as of the Restatement Effective Date, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan Documents, except that nothing herein or in the other Loan Documents shall impair or adversely affect the continuation of the liability of each Borrower party to the Existing Credit Agreement for the Obligations heretofore granted, pledged and/or assigned to Agent. The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and other obligations and liabilities of each Borrower party to the Existing Credit Agreement evidenced by or arising under the Existing Loan Agreement, and the liens and security interests securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released.

Restatement. Except as otherwise stated in Section 18.3 IA.02 hereof and this Section 18.4IA.04, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were Loan Documents are hereby amended and restated in their entirety, and as so amended and restated, restated are replaced and superseded, superseded by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan Documents, except that nothing herein or in the other Loan Documents shall impair or adversely affect the continuation of the liability of Borrower or each Borrower party to the Existing Credit Agreement Guarantor for the their Obligations heretofore granted, pledged and/or assigned incurred to AgentAgent or any Bank. The amendment and restatement contained herein shall not, in any manner, be construed to constitute the payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and Obligations or any other obligations and or liabilities of Borrower or each Borrower party to the Existing Credit Agreement Guarantor evidenced by or arising under the Existing Loan AgreementDocuments, and the liens and security interests securing such Indebtedness Obligations and such other obligations and liabilities, which liabilities shall not in any manner be impaired, limited, terminated, waived or released.

Restatement. Except as otherwise stated in Section 18.3 14.2 hereof and this Section 18.414.4, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan DocumentsFinancing Agreements, except that nothing herein or in the other Loan Documents Financing Agreements shall impair or adversely affect the continuation of the liability of each Borrower party to the Existing Credit Agreement Borrowers and Guarantors for the Obligations heretofore granted, pledged and/or assigned to AgentAgent or any Lender. The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and other obligations and liabilities of each Borrower party to the Existing Credit Agreement Borrowers and Guarantors evidenced by or arising under the Existing Loan Agreement, and the liens and security interests securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released.

Restatement. (a) Except as otherwise stated in Section 18.3 14.2 hereof and this Section 18.414.4, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan DocumentsFinancing Agreements, except EXCEPT that nothing herein or in the other Loan Documents Financing Agreements shall impair or adversely affect the continuation of the liability of each any Borrower party to the Existing Credit Agreement or Guarantor for the Obligations heretofore granted, pledged pledge and/or assigned to AgentAgent or any Lender. The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and other obligations and liabilities of each any Borrower party to the Existing Credit Agreement or Guarantor evidenced by or arising under the Existing Loan Agreement, and the liens and security interests securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released. (b) The principal amount of the Loans and Letters of Credit Accommodations outstanding as of the date hereof under the Existing Agreement shall be allocated to the Loans and Letter of Credit Accommodations hereunder in such manner and in such amounts as Agent shall determine. 98 105

Restatement. (a) Except as otherwise stated in Section 18.3 2.2 hereof and this Section 18.42.4, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan DocumentsFinancing Agreements, except EXCEPT that nothing herein or in the other Loan Documents Financing Agreements shall impair or adversely affect the continuation of the liability of each Borrower party to the Existing Credit Agreement or Guarantor for the Obligations heretofore granted, pledged and/or assigned to AgentAgent or any Lender. The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and other obligations and liabilities of each Borrower party to the Existing Credit Agreement or Guarantor evidenced by or arising under the Existing Loan Agreement, and the liens and security interests securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released. (b) The principal amount of the Loans and Letters of Credit Accommodations outstanding as of the date hereof under the Existing Agreement shall be allocated to the Loans and Letter of Credit Accommodations hereunder in such manner and in such amounts as Agent shall determine.

Restatement. (a) Except as otherwise stated in Section 18.3 2.2 hereof and this Section 18.42.4, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Loan Agreement were are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan DocumentsFinancing Agreements, except that nothing herein or in the other Loan Documents Financing Agreements shall impair or adversely affect the continuation of the liability of each Borrower party to the Existing Credit Agreement or Guarantor for the Obligations heretofore granted, pledged and/or assigned to AgentAgent or any Lender. The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and other obligations and liabilities of each Borrower party to the Existing Credit Agreement or Guarantor evidenced by or arising under the Existing Loan Agreement, and the liens and security interests securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released. (b) The principal amount of the Loans and Letters of Credit Accommodations (including the Existing Letters of Credit) outstanding as of the date hereof under the Existing Loan Agreement shall be allocated to the Loans and Letter of Credit Accommodations hereunder according to the Lenders’ Pro Rata Shares and in such manner and in such amounts as Agent shall determine.

Restatement. (a) Except as otherwise stated in Section 18.3 14.2 hereof and this Section 18.414.4, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan DocumentsFinancing Agreements, except that nothing herein or in the other Loan Documents Financing Agreements shall impair or adversely affect the continuation of the liability of each any Borrower party to the Existing Credit Agreement or Guarantor for the Obligations heretofore granted, pledged pledge and/or assigned to AgentAgent or any Lender. The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and other obligations and liabilities of each any Borrower party to the Existing Credit Agreement or Guarantor evidenced by or arising under the Existing Loan Agreement, and the liens and security interests securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released. (b) The principal amount of the Loans and Letters of Credit Accommodations outstanding as of the date hereof under the Existing Agreement shall be allocated to the Loans and Letter of Credit Accommodations hereunder in such manner and in such amounts as Agent shall determine.