Common use of Restatement Clause in Contracts

Restatement. (a) Except as otherwise stated in Section 14.2 hereof and this Section 14.4, as of the Closing Date, the terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Amended and Restated Credit Agreement are simultaneously amended and restated in their entirety, and as so amended and restated, replaced and superseded by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Financing Agreements executed and/or delivered on or after the Closing Date, except that nothing herein or in the other Financing Agreements shall impair or adversely affect the continuation of the liability of Borrower for the Obligations heretofore incurred and the Liens and other interests in the Collateral heretofore granted, pledged and/or assigned by Borrower to Agent, Original Lender, Original Agent, any Lender, any Secured Party or any of their respective Affiliates (whether directly, indirectly or otherwise). (b) The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts), or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations and other obligations, liabilities and indebtedness of Borrower evidenced by or arising under the Fourth Amended and Restated Credit Agreement, and the Liens of Agent, on behalf of itself and Secured Parties, securing such Obligations and other obligations, liabilities and indebtedness, which shall not in any manner be impaired, limited, terminated, waived or released, but shall continue in full force and effect in favor of Agent, for the benefit of itself and Secured Parties.

Restatement. (a) Except as otherwise stated in Section 14.2 10.2 hereof and this Section 14.410.4, as of the Closing Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Amended and Restated Credit Agreement Existing Agreements are simultaneously hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Financing Agreements executed and/or delivered on or after the Closing DateAgreements, except that nothing herein or in the other Financing ------ Agreements shall impair or adversely affect the continuation of the liability of Borrower or Guarantor for the Obligations heretofore incurred during the Chapter 11 Cases (as predecessors to Borrower and Guarantor) and the Liens security interests, liens and other interests in the Collateral heretofore granted, pledged and/or assigned by Borrower and Guarantor (including during the Chapter 11 Cases), as predecessors to AgentBorrower or Guarantor or otherwise, Original to Lender, Original which on and after the date hereof shall be deemed to have been granted to Collateral Agent, any Lender, any Secured Party or any of their respective Affiliates (whether directly, indirectly or otherwise). (b) . The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts)of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations Indebtedness and other obligations, obligations and liabilities and indebtedness of Borrower or Guarantor evidenced by or arising under the Fourth Amended and Restated Credit AgreementExisting Agreements, and the Liens liens and security interests of Agent, on behalf of itself and Secured Parties, Lender securing such Obligations Indebtedness and other obligations, liabilities obligations and indebtednessliabilities, which shall not in any manner be impaired, limited, terminated, waived or released, but shall continue in full force and effect in favor of Agent, Collateral Agent for the benefit of itself Lender. (b) The principal amount of the Loans and Secured Partiesthe amount of the Letters of Credit Accommodations outstanding as of the date hereof under the Existing Agreements shall be allocated to the Loans and Letter of Credit Accommodations hereunder in such manner and in such amounts as Lender shall determine.

Restatement. (ai) Except as otherwise stated in Section 14.2 9.22(b) hereof and this Section 14.49.22(d), as of the Closing Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Amended and Restated Original Credit Agreement are simultaneously amended and restated in their entiretyentirety (excluding the Schedules prepared as of the Original Closing Date, which shall be superceded by the Schedules delivered on and after the Effective Date), 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 Financing Agreements Loan Documents executed and/or or delivered on or after the Closing Datedate hereof, except that nothing herein or in the other Financing Agreements Loan Documents shall impair or adversely affect the continuation of the liability of Borrower the Loan Parties for the Obligations heretofore incurred and the Liens security interests, liens and other interests in the Collateral heretofore granted, pledged and/or or assigned by Borrower the Loan Parties to Agent, Original Lender, Original Agent, any Lender, any Secured Party either Agent or any of their respective Affiliates Lender (whether directly, indirectly or otherwise). (bii) The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts)of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations and other obligations, liabilities and indebtedness of Borrower the Loan Parties evidenced by or arising under the Fourth Amended and Restated Original Credit Agreement, and the Liens and security interests of each Agent, on behalf for the benefit of itself and Secured Partiesthe Lenders, securing such Obligations and other obligations, liabilities obligations and indebtednessliabilities, which shall not in any manner be impaired, limited, terminated, waived or released, but shall continue in full force and effect in favor of such Agent, for the benefit of itself themselves and Secured Partiesthe Lenders. (iii) All loans, advances and other financial accommodations under the Original Credit Agreement and all other Obligations of the Loan Parties to the Agents, and the Lenders outstanding and unpaid as of the date hereof pursuant to the Original Credit Agreement or otherwise shall be deemed Obligations of the Loan Parties pursuant to the terms hereto.

Restatement. (a) Except as otherwise stated in Section 14.2 hereof and this Section 14.4, as of the Closing Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Amended and Restated Credit Agreement Existing Agreements listed in Section A of the Schedule 1.64 are simultaneously hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Financing Agreements executed and/or delivered on or after the Closing DateAgreements, except that nothing herein or in the other Financing Agreements shall impair or adversely affect the continuation of the liability of Borrower for the Obligations heretofore incurred during the Chapter 11 Case (as predecessors to Borrower) and the Liens security interests, liens and other interests in the Collateral heretofore granted, pledged and/or assigned by Borrower (including during the Chapter 11 Case), as predecessors to Borrower or otherwise, to Agent, Original Lender, Original Agent, any Lender, any Secured Party or any of their respective Affiliates (whether directly, indirectly or otherwise). (b) . The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts)of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations Indebtedness and other obligations, obligations and liabilities and indebtedness of Borrower evidenced by or arising under the Fourth Amended and Restated Credit AgreementExisting Agreements, and the Liens liens and security interests of Agent, on behalf of itself and Secured Parties, Agent securing such Obligations Indebtedness and other obligations, liabilities obligations and indebtednessliabilities, which shall not in any manner be impaired, limited, terminated, waived or released, but shall continue in full force and effect in favor of Agent, Agent for the benefit of itself and Secured PartiesLenders.

Restatement. (ai) Except as otherwise stated in Section 14.2 hereof and this Section 14.413.10, as of the Closing Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Amended and Restated Credit Existing Handy Loan Agreement are simultaneously hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Financing Agreements executed and/or delivered on or after the Closing DateAgreements, except that nothing herein or in the other Financing Agreements shall impair or adversely affect the continuation of the liability of Borrower Existing Borrowers and Existing Guarantors for the Obligations heretofore incurred and the Liens and other interests in the Collateral heretofore granted, pledged and/or assigned by Borrower to Agent, Original Lender, Original Agent, any Lender, any Secured Party or any of their respective Affiliates (whether directly, indirectly or otherwise). (b) Agent and Lenders. The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts)of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations Indebtedness and other obligations, obligations and liabilities and indebtedness of Borrower Borrowers evidenced by or arising under the Fourth Amended and Restated Credit AgreementExisting Handy Financing Agreements, and the Liens of Agent, on behalf of itself liens and Secured Parties, security interests securing such Obligations Indebtedness and other obligations, liabilities obligations and indebtednessliabilities, which shall not in any manner be impaired, limited, terminated, waived or released, but . (ii) The principal amount of the Loans and Letter of Credit Accommodations outstanding as of the date hereof under and as defined in the Existing Handy Loan Agreement shall continue be allocated to the Loans and Letter of Credit Accommodations hereunder in full force such manner and effect in favor of Agent, for the benefit of itself and Secured Partiessuch amounts as Agent shall determine.

Restatement. (a) Except as otherwise stated in Section 14.2 hereof and this Section 14.418.4, as of the Closing Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Amended and Restated Credit Existing Loan Agreement are simultaneously hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Financing Agreements executed and/or delivered on or after the Closing DateLoan Documents, except that nothing herein or in the other Financing Agreements Loan Documents shall impair or adversely affect the continuation of the liability of Borrower each Loan Party for the Obligations heretofore incurred and under the Liens and Existing Loan Agreement (other interests than Term Loan B (as such term is defined in the Collateral Existing Loan Agreement) upon payment and satisfied in full of Term Loan B) heretofore granted, pledged and/or assigned by Borrower to Agent, Original Lender, Original Agent, Agent or any Lender, any Secured Party or any of their respective Affiliates (whether directly, indirectly or otherwise). (b) . The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts)of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations Obligation and other obligations, liabilities and indebtedness of Borrower each Loan Party evidenced by or arising under the Fourth Amended and Restated Credit Existing Loan Agreement, and the Liens of Agent, on behalf of itself liens and Secured Parties, security interests securing such Obligations and other obligations, liabilities and indebtednessliabilities, which shall not in any manner be impaired, limited, terminated, waived or released. (b) The principal amount of the Advances including Letter of Credit Usage and the Term Loans outstanding as of the date hereof under the Existing Loan Agreement shall be allocated to the Advances, but shall continue in full force Letter of Credit Usage and effect in favor of Agent, for Term Loan hereunder according to the benefit of itself and Secured PartiesLenders' Pro Rata Shares.

Restatement. (ai) Except as otherwise stated in Section 14.2 hereof and this Section 14.4, as of the Closing Date, the The terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Amended and Restated Existing Credit Agreement are simultaneously amended and restated in their entiretyentirety (excluding the Schedules prepared as of the Original Effective Date, which shall be superseded by the Schedules delivered on and after the Effective Date), 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 Financing Agreements Loan Documents executed and/or or delivered on or after the Closing Datedate hereof, except that nothing herein or in the other Financing Agreements Loan Documents shall impair or adversely affect the continuation of the liability of Borrower the Loan Parties for the Secured Obligations heretofore incurred and the Liens security interests, liens and other interests in the Collateral heretofore granted, pledged and/or or assigned by Borrower the Loan Parties to Agent, Original Lender, Original Agent, any Lender, the Administrative Agent or any Secured Party or any of their respective Affiliates (whether directly, indirectly or otherwise). (bii) The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts)of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Secured Obligations and other obligations, liabilities and indebtedness of Borrower the Loan Parties evidenced by or arising under the Fourth Amended and Restated Existing Credit AgreementAgreement or the Existing Loan Documents, and the Liens and security interests of Agentthe Administrative Agent or any Secured Party, on behalf for the benefit of itself and the Secured Parties, securing such Secured Obligations and other obligations, liabilities obligations and indebtednessliabilities, which shall not in any manner be impaired, limited, terminated, waived or released, but shall continue in full force and effect in favor of Agentthe Administrative Agent or any Secured Party, for the benefit of itself and the Secured Parties. (iii) All loans, advances and other financial accommodations under the Existing Credit Agreement or the Existing Loan Documents and all other Secured Obligations of the Loan Parties to the Administrative Agent, and the Secured Parties outstanding and unpaid as of the date hereof pursuant to the Existing Credit Agreement or the Existing Loan Documents or otherwise shall be deemed Secured Obligations of the Loan Parties pursuant to the terms hereto

Restatement. (a) Except as otherwise stated in Section 14.2 hereof and this Section 14.4, as of the Closing Date, the terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Second Amended and Restated Credit Agreement are simultaneously 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 Financing Agreements executed and/or delivered on or after the Closing Date, except that nothing herein or in the other Financing Agreements shall impair or adversely affect the continuation of the liability of Borrower for the Obligations heretofore incurred and the Liens and other interests in the Collateral collateral heretofore granted, pledged and/or assigned by Borrower to Agent, Original Lender, Original Agent, any Lender, any Secured Party or any of their respective Affiliates (whether directly, indirectly or otherwise). (b) The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts)of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations and other obligations, liabilities and indebtedness of Borrower evidenced by or arising under the Fourth Second Amended and Restated Credit Agreement, and the Liens of Agent, on behalf of itself and Secured Parties, securing such Obligations and other obligations, liabilities and indebtedness, which shall not in any manner be impaired, limited, terminated, waived or released, but shall continue in full force and effect in favor of Agent, for the benefit of itself and Secured Parties. (c) All loans, advances and other financial accommodations under the Second Amended and Restated Credit Agreement and all other obligations, liabilities and indebtedness of Borrower outstanding and unpaid as of the Closing Date pursuant to the Second Amended and Restated Credit Agreement or otherwise shall be deemed Obligations of Borrower pursuant to the terms hereof. The principal amount of the Loans and the amount of the Letters of Credit Accommodations outstanding as of the Closing Date under the Second Amended and Restated Credit Agreement shall be allocated to the Loans and Letter of Credit Accommodations hereunder in such manner and in such amounts as Agent shall determine in accordance with the terms hereof.

Restatement. (a) Except as otherwise stated in Section 14.2 14.1 hereof and this Section 14.4, as of the Closing Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Fourth Existing Loan Agreement, the Amended and Restated Credit Agreement Guarantee, dated January 29, 2004, executed by the Guarantors parties thereto and the Amended and Restated General Security Agreement, dated January 29, 2004, executed by the Guarantors parties thereto are simultaneously hereby amended and restated in their entiretyentirety on the date hereof, and as so amended and restated, replaced and superseded superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Financing Agreements executed and/or delivered on or after the Closing DateAgreements, except that nothing herein or in the other Financing Agreements shall impair or adversely affect the continuation of the liability of Borrower Obligors for the Obligations heretofore incurred and the Liens and other interests in the Collateral heretofore granted, pledged and/or assigned by Borrower to Agent, Original Lender, Original Agent, any Lender, any Secured Party or any of their respective Affiliates (whether directly, indirectly or otherwise). (b) Obligations. The amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of (other than any actual repayment of outstanding amounts)of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Obligations Indebtedness and other obligations, obligations and liabilities and indebtedness of Borrower Obligors evidenced by or arising under the Fourth Amended and Restated Credit AgreementExisting Financing Agreements, and the Liens of Agent, on behalf of itself liens and Secured Parties, security interests securing such Obligations Indebtedness and other obligations, liabilities obligations and indebtednessliabilities, which shall not in any manner be impaired, limited, terminated, waived or released, but shall continue in full force and effect in favor of Agent, released except for the benefit termination and release of itself any Liens and Secured Partiessecurity interests of Agent in and to any Excluded Property.