Novation Uses in Effect Clause

Effect from Loan Agreement

This AMENDMENT NO. 3 TO LOAN AGREEMENT (this Amendment), dated as of May 5, 2016, is to that certain Loan Agreement dated as of May 5, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the Loan Agreement) by and among THE PERSONS IDENTIFIED AS BORROWERS ON THE SIGNATURE PAGES HERETO (collectively, the Borrowers); IH4 PROPERTY HOLDCO L.P. (the Parent and collectively with the Borrowers, the Relevant Parties); THE LENDERS PARTY THERETO (collectively, the Lenders); WELLS FARGO BANK, N.A., as Calculation Agent, Paying Agent and Securities Intermediary; GERMAN AMERICAN CAPITAL CORPORATION, as Collateral Agent; and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent (in such capacity, the Administrative Agent). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Loan Agreement.

Effect. Upon the effectiveness of this Amendment, each reference in the Loan Agreement to this Agreement, hereunder, hereof or words of like import shall mean and be a reference to the Loan Agreement as modified hereby and each reference in the other Loan Documents to the Loan Agreement, thereunder, thereof, or words of like import shall mean and be a reference to the Loan Agreement as modified hereby. Except as expressly provided in this Amendment, all of the terms, conditions and provisions of the Loan Agreement shall remain the same.

Effect from Amended and Restated Credit Agreement

SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (Amendment) dated as of November 20, 2014, by and among DIPLOMAT PHARMACY, INC., a Michigan corporation (Borrower), the other Credit Parties signatory hereto, GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, as agent (in such capacity, Agent) for the lenders (collectively, Lenders) from time to time party to the Credit Agreement (as defined below), and the Lenders.

Effect. Upon the effectiveness of this Amendment, from and after the date hereof, each reference in the Credit Agreement to this Agreement, hereunder, hereof, or words of like import shall mean and be a reference to Credit Agreement as amended hereby, and each reference in the other Loan Documents to the Credit Agreement, thereunder, thereof, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby.

Effect from Credit Agreement

This AMENDMENT NO. 4 TO CREDIT AGREEMENT (this Amendment), dated as of November 23, 2010, by and among Sothebys, a Delaware corporation (Parent), Sothebys, Inc., a New York corporation (Sothebys, Inc.), Sothebys Financial Services, Inc., a Nevada corporation (SFS Inc.), Sothebys Financial Services California, Inc., a Nevada corporation (SFS California), Oberon, Inc., a Delaware corporation (Oberon), Theta, Inc., a Delaware corporation (Theta), Sothebys Ventures, LLC, a New York limited liability company (Ventures LLC), Oatshare Limited, a company registered in England (Oatshare), Sothebys, a company registered in England (Sothebys U.K.), and Sothebys Financial Services Limited, a company registered in England (SFS Ltd. and, collectively with Parent, Sothebys, Inc., SFS Inc., SFS California, Oberon, Theta, Ventures LLC, Oatshare and Sothebys U.K., the Borrowers), General Electric Capital Corporation, a Delaware corporation (in its individual capacity, GE Capital), as a Lender and as Age

Effect. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to this Agreement, hereunder, hereof or words of like import shall mean and be a reference to the Credit Agreement as amended hereby and each reference in the other Loan Documents to the Credit Agreement, thereunder, thereof, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby. Except as expressly provided in this Amendment, all of the terms, conditions and provisions of the Credit Agreement and the other Loan Documents shall remain the same. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement.

Effect from Credit Agreement

This AMENDMENT NO. 2 TO CREDIT AGREEMENT (this Amendment), dated as of February 25, 2010, by and among Sothebys, a Delaware corporation (Parent), Sothebys, Inc., a New York corporation (Sothebys, Inc.), Sothebys Financial Services, Inc., a Nevada corporation (SFS Inc.), Sothebys Financial Services California, Inc., a Nevada corporation (SFS California), Oberon, Inc., a Delaware corporation (Oberon), Theta, Inc., a Delaware corporation (Theta), Sothebys Ventures, LLC, a New York limited liability company (Ventures LLC), Oatshare Limited, a company registered in England (Oatshare), Sothebys, a company registered in England (Sothebys U.K.), and Sothebys Financial Services Limited, a company registered in England (SFS Ltd. and, collectively with Parent, Sothebys, Inc., SFS Inc., SFS California, Oberon, Theta, Ventures LLC, Oatshare and Sothebys U.K., the Borrowers), General Electric Capital Corporation, a Delaware corporation (in its individual capacity, GE Capital), as a Lender and as Age

Effect. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to this Agreement, hereunder, hereof or words of like import shall mean and be a reference to the Credit Agreement as amended hereby and each reference in the other Loan Documents to the Credit Agreement, thereunder, thereof, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby. Except as expressly provided in this Amendment, all of the terms, conditions and provisions of the Credit Agreement and the other Loan Documents shall remain the same. Each Credit Party hereby represents and warrants to each Lender and the Agent that all authorizations, consents and approvals of such Credit Partys board of directors, shareholders, members or any other Persons necessary to permit such Borrower to execute and deliver this Amendment and to perform its obligations hereunder and under the Credit Agreement as amended hereby, and to permit the Lenders and the Agent to enforce such obligations, have been obtained. This Amendment shall constitute a Loan Document for purposes of the Credit Agreement.

Effect from Amendment to Purchase and Sale Agreement

THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this Amendment), is effective as of this 26th day of August, 2009 (the Effective Date), and is by and among ADA-ES, Inc., a Colorado corporation (ADA), NexGen Refined Coal, LLC, a Wyoming limited liability company (NexGen) and Clean Coal Solutions, LLC, a Colorado limited liability company (formerly known as ADA-NexCoal, LLC) (the Company). ADA, NexGen and the Company are sometimes herein collectively referred to as the parties and each individually as a party.

Effect. Upon the effectiveness of this Amendment, from and after the date hereof, each reference in the Agreement to this Agreement, hereunder, hereof, or words of like import shall mean and be a reference to the Agreement as amended hereby, and each reference in any other document to the Agreement, thereunder, thereof, or words of like import shall mean and be a reference to the Agreement as amended hereby.

Effect from Amendment to Credit Agreement

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (Amendment) is entered into as of August 29, 2005, by and among (a) (i) OMNI ENERGY SERVICES CORP., a Louisiana corporation (Omni), and (ii) TRUSSCO, INC., a Louisiana corporation (Trussco, Omni and Trussco are hereinafter sometimes referred to individually or collectively as Borrower or Borrowers), (b) (i) OMNI ENERGY SERVICES CORP.-MEXICO, a Louisiana corporation (Mexico), (ii) OMNI PROPERTIES CORP, a Louisiana corporation (Omni Properties), (iii) OMNI OFFSHORE AVIATION CORP., a Louisiana corporation (Offshore Aviation), (iv) OMNI SEISMIC AVIATION CORP., a Louisiana corporation (Seismic Aviation), (v) OMNI ENERGY SEISMIC SERVICES CORP., a Louisiana corporation (Seismic Services), (vi) TRUSSCO PROPERTIES, L.L.C., a Louisiana limited liability company (Trussco Properties), and (vii) AMERICAN HELICOPTERS INC., a Texas corporation (American; Mexico, Omni Properties, Offshore Aviation, Seismic Aviation, Seismic Services, Trussco Properties and Ame

Effect. Upon the effectiveness of this Amendment, from and after the date hereof, each reference in the Credit Agreement to this Agreement, hereunder, hereof or words of like import shall mean and be a reference to the Credit Agreement as amended hereby and each reference in the other Loan Documents to the Credit Agreement, thereunder, thereof, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby.

Effect from Credit Agreement

This AMENDMENT NO. 2 TO CREDIT AGREEMENT (this Amendment), dated as of August 3, 2004, by and among Sothebys Holdings, Inc., a Michigan corporation (Holdings), Sothebys, Inc., a New York corporation (Sothebys, Inc.), Sothebys Financial Services, Inc., a Nevada corporation (SFS Inc.), Sothebys Financial Services California, Inc., a Nevada corporation (SFS California), Oberon, Inc., a Delaware corporation (Oberon), Theta, Inc., a Delaware corporation (Theta), Sothebys Ventures, LLC, a New York limited liability company (Ventures LLC), Oatshare Limited, a company registered in England (Oatshare), Sothebys, a company registered in England (Sothebys U.K.), and Sothebys Financial Services Limited, a company registered in England (SFS Ltd. and, collectively with Holdings, Sothebys, Inc., SFS Inc., SFS California, Oberon, Theta, Ventures LLC, Oatshare and Sothebys U.K., the Borrowers), the Guarantors identified as such on the signature pages hereof (each, a Guarantor and, collectively, the Gua

Effect. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to this Amendment, hereunder, hereof or words of like import shall mean and be a reference to the Credit Agreement as amended hereby and each reference in the other Loan Documents to the Credit Agreement, thereunder, thereof, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby. Except as expressly provided in this Amendment, all of the terms, conditions and provisions of the Credit Agreement and the other Loan Documents shall remain the same. Each Borrower hereby represents and warrants to each Lender, the Fronting Lender and Agent that all authorizations, consents and approvals of such Borrowers board of directors and shareholders, and all other Persons, necessary to permit such Borrower to execute and deliver this Amendment and to perform its obligations hereunder and under the Credit Agreement as amended hereby, and to permit the Lenders, the Fronting Lender and the Agent to enforce such obligations, have been obtained.