Effect on Existing Credit Agreement. (a) Upon satisfaction of the conditions precedent set forth in Section 4.01, this Agreement shall exclusively control and govern the mutual rights and obligations of the parties hereto with respect to the Existing Credit Agreement, and the Existing Credit Agreement shall be superseded by this Agreement in all respects, in each case, on a prospective basis only.
Effect on Existing Credit Agreement. Notwithstanding that this Agreement is amending and restating the Existing Credit Agreement as of the Closing Date, nothing contained herein shall be deemed to cause a novation of any transfers, conveyances or transactions which were effected under the Existing Credit Agreement or the Original Credit Agreement, or of any Obligations, including, without limitation, the Indebtedness evidenced by the promissory notes issued pursuant thereto and the security interests granted pursuant to the security documents delivered in connection therewith. 140
Effect on Existing Credit Agreement. Upon the execution and delivery by the parties hereto of this Agreement and the satisfaction of the conditions set forth in Sections 4.01 and 4.02, (i) this Agreement shall, except to the extent explicitly provided herein, be deemed to amend, restate and supersede the Existing Credit Agreement; provided that the obligations of the Loan Parties (party hereto) under the Existing Credit Agreement and the grant of security interest in the Collateral by the relevant Loan Parties under the Existing Credit Agreement and the other “Loan Documents” (as defined in the Existing Credit Agreement) shall continue under this Agreement and the other Loan Documents, and shall not in any event be terminated, extinguished or annulled, but shall hereafter be governed by this Agreement, (ii) all Obligations under the Existing Credit Agreement and the other “Loan Documents” (as defined in the Existing Credit Agreement) shall continue to be outstanding except as expressly modified by this Agreement and shall be governed in all respects by this Agreement and the other Loan Documents, it being agreed and understood that this Agreement does not constitute a novation, satisfaction, payment or reborrowing of any Obligation under the Existing Credit Agreement or any other “Loan Documents” (as defined in the Existing Credit Agreement) except as expressly modified by this Agreement, nor does it operate as a waiver of any right, power or remedy of any Lender under any “Loan Documents” (as defined in the Existing Credit Agreement) and (iii) all references to the Existing Credit Agreement in any Loan Document or other document or instrument delivered in connection therewith shall be deemed to refer to this Agreement and the provisions hereof.
Effect on Existing Credit Agreement. On the Effective Date, the Existing Credit Agreement shall be deemed to be amended, restated, and replaced in its entirety by this Agreement. Each reference to the “Credit Agreement”, the “Loan Agreement” or words of like import in each Loan Document to which Company is party is hereby amended to refer to this Agreement.
Effect on Existing Credit Agreement. This Agreement amends and restates the Third Restated Credit Agreement in its entirety, provided that all obligations of the Borrowers incurred under the Third Restated Credit Agreement, as amended and restated in this Agreement, excluding the commitments of the Lenders thereunder (which shall terminate as of the Fourth Restatement Effective Date and be replaced with the commitments described in this Agreement), shall continue under this Agreement, and shall not under any circumstances be considered to be terminated, extinguished or discharged hereby or thereby, and under no circumstances constitutes a novation, but shall hereafter be governed by the terms of this Agreement. 190
Effect on Existing Credit Agreement. Borrowers, Agent and Lenders agree that on and after the date that this Agreement is executed by all parties hereto, (a) this Agreement shall amend, restate in its entirety and replace, without notation, the Existing Credit Agreement, (b) all obligations of the Japanese Lenders to make additional Japanese Loans to LLJS under the Existing Credit Agreement shall be terminated and (c) the LSI Guaranty shall remain in full force and effect with respect to this Agreement and the obligations of LLJS hereunder; provided, however, that nothing contained herein shall (i) operate as a waiver of any right, power or remedy of Agent or any Lender under the Existing Credit Agreement or any related document, instrument or agreement or (ii) extinguish or impair any obligations of either Borrower under the Existing Credit Agreement or any related document, instrument or agreement except to the extent any such obligation is actually satisfied by such Borrower; and provided, further, that all Loans outstanding under the Existing Credit Agreement shall remain outstanding and shall be deemed to have been made under this Agreement on a pro rata basis by the Lenders hereunder in accordance with their respective Proportionate Shares for the applicable category of Loan. [The first signature page follows.]
Effect on Existing Credit Agreement. On the Effective Date, the Existing Credit Agreement shall be deemed to be amended, restated, and replaced in its entirety by this Agreement. Each reference to the “Credit Agreement”, the “Loan Agreement” or words of like import in each Loan Document to which Company is party is hereby amended to refer to this Agreement. The parties hereto acknowledge and agree that (a) this Agreement and the other Loan Documents, whether executed and delivered in connection herewith or otherwise, do not constitute a novation, payment and reborrowing, or termination of the “Obligations” as in effect prior to the Effective Date and (b) such “Obligations” are in all respects continuing (as amended and restated hereby) with only the terms thereof being modified as provided in this Agreement.
Effect on Existing Credit Agreement. This Agreement contains the entire agreement between the parties regarding the subject hereof and nothing contained in this Agreement is intended to, nor shall, modify any of the terms of the Existing Credit Agreement except as expressly stated herein. All of the terms and conditions of the Existing Credit Agreement modified hereby shall be reinstated in their entirety as originally written and shall be in full force and effect as so written upon termination of this Agreement (provided, however, that the obligations of the Borrower under, and the modifications and amendments contained in, Sections 4.5, 4.6, 9.7, 9.10, 9.15 and the terms and provisions of Article V shall survive the termination of this Agreement), and each Existing Default shall survive the termination of this Agreement.
Effect on Existing Credit Agreement. This Agreement amends and restates the Existing Credit Agreement and is not intended to constitute a novation of Borrowers’ obligations thereunder, and shall not cause a payment and reborrowing, or termination of any of the indebtedness or obligations of the Borrowers under the Existing Credit Agreement or other loan documents executed in connection therewith (collectively, the “Existing Loan Documents”), nor shall it extinguish, discharge, terminate or impair Borrowers’ indebtedness or obligations or the Administrative Agent’s or any Lender’s rights or remedies under the Existing Credit Agreement and the other Existing Loan Documents; provided that all such indebtedness, obligations, rights and remedies shall be on the terms and conditions of, and as set forth in, this Agreement, the Notes and the other Loan Documents.
Effect on Existing Credit Agreement
