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Credit Agreement were hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan Documents, except that nothing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.

Appears in 2 contracts

Samples: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)

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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Credit Agreement were are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan DocumentsFinancing Agreements,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 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 for the Obligations evidenced by or arising under the Existing Agreement or the security interests, liens and other interests in the Collateral 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 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pamida Holdings Corp/De/), Loan and Security Agreement (Pamida Inc /De/)

Restatement. (i) Except as otherwise stated in Section 18.3 and this Section 18.413.10, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Handy 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 Borrowers and Existing Guarantors for the Obligations heretofore granted, pledged and/or assigned to AgentAgent and Lenders. 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 evidenced by or arising under the Existing Loan AgreementHandy Financing Agreements, 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (Handy & Harman Ltd.), Loan and Security Agreement (WHX Corp)

Restatement. (a) Except as otherwise stated in Section 18.3 12.2 and this Section 18.412.4, 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 Documents, except that nothing herein or in the other Loan Documents shall impair or adversely affect the continuation of the liability of each the Borrower party to the Existing Credit Agreement or any Guarantor for the Obligations or any Lien heretofore granted, pledged and/or assigned to Agentany Agent 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 the Borrower party to the Existing Credit Agreement evidenced by or arising under the Existing Loan Credit Agreement, and the liens 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.

Appears in 2 contracts

Samples: Uncommitted Credit Agreement (Aegean Marine Petroleum Network Inc.), Uncommitted Credit Agreement (Aegean Marine Petroleum Network Inc.)

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 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 for the Obligations heretofore granted, pledged and/or assigned to AgentAgent or any Lender (other than with respect to the Excluded Property). 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Aep Industries Inc)

Restatement. (a) Except as otherwise stated in Section 18.3 13.1 hereof and this Section 18.413.3, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were Financing Agreements 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 for the Obligations heretofore granted, pledged and/or assigned to AgentLender. 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 AgreementFinancing Agreements, 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Ic Isaacs & Co Inc)

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 2005 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 for the Obligations heretofore granted, pledged and/or assigned to Agentany Agent 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 indebtedness and other obligations and liabilities of each Borrower party to the Existing Credit Agreement evidenced by or arising under the Existing 2005 Loan Agreement, and the liens and security interests securing such Indebtedness indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released.

Appears in 1 contract

Samples: Loan and Security Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Restatement. (a) Except as otherwise stated in Section 18.3 11.3 hereof and this Section 18.411.4, 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, 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 Borrowers for the Obligations (as defined in the Existing Credit Agreement for Agreement) and the Obligations security interests, liens and other interests in the Collateral heretofore granted, pledged and/or assigned by Borrowers to AgentAgent prior to the date hereof. 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 evidenced by or arising under the Existing Loan AgreementDocuments, and the liens and security interests of Agent securing such Indebtedness and other obligations and liabilities, 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 the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

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.

Appears in 1 contract

Samples: Loan and Security Agreement (Huffy Corp)

Restatement. (i) Except as otherwise stated in Section 18.3 and this Section 18.413.10, 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 Borrowers and Guarantors for the Obligations heretofore granted, pledged and/or assigned to AgentAgent and Lenders. 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 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.

Appears in 1 contract

Samples: Loan Agreement (Listerhill Total Maintenance Center LLC)

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.

Appears in 1 contract

Samples: Loan and Security Agreement (Doe Run Resources Corp)

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.

Appears in 1 contract

Samples: Loan and Security Agreement (Industrial Fuels Minerals Co)

Restatement. Except as otherwise stated in Section 18.3 18.2 hereof and this Section 18.4, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were Financing Agreements are hereby amended and restated in their entiretyentirety and, and as so amended and restated, replaced and superseded, superseded by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement, the Security Agreement and the other Loan Documents, except that (a) nothing herein or in the other Loan Documents shall impair or adversely affect the continuation of the joint and several liability of each Borrower party to Borrowers for the “Obligations” (as defined in the Existing Credit Agreement for the Obligations Loan Agreement) heretofore granted, pledged and/or assigned to AgentAgent and (b) each waiver and consent granted under the Existing Financing Agreements shall, solely to the extent of such waiver or consent under the Existing Financing Agreements, be deemed to be a waiver or consent, as applicable, hereunder and under the Security Agreement and the other Loan Documents. 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 indebtedness and other obligations and liabilities of each Borrower party to the Existing Credit Agreement Borrowers evidenced by or arising under the Existing Loan AgreementFinancing Agreements, and the liens and security interests securing such Indebtedness indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released.

Appears in 1 contract

Samples: Credit Agreement (Hudson Highland Group Inc)

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.

Appears in 1 contract

Samples: Loan and Security Agreement (Huffy Corp)

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 Borrower party to the Existing Credit Agreement 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 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Aep Industries Inc)

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 Agreements 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 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 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 Borrower party to the Existing Credit Agreement Borrowers 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Officemax Inc)

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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.. 18.5

Appears in 1 contract

Samples: Credit Agreement (Vector Group LTD)

Restatement. (i) Except as otherwise stated in Section 18.3 17.14(a) and this Section 18.417.14(d), 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 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 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 Credit 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.

Appears in 1 contract

Samples: Credit Agreement (Delek US Holdings, Inc.)

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 Borrower party to the Existing Credit Agreement 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 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Officemax Inc)

Restatement. Except as otherwise stated in Section 18.3 17.2 hereof and this Section 18.417.4, as of the Restatement Effective Datedate hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were Financing Agreements 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 Documents, except that nothing herein or in the other Loan Documents shall impair or adversely affect the continuation of the joint and several liability of each Borrower party to the Existing Credit Agreement Borrowers 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 indebtedness and other obligations and liabilities of each Borrower party to the Existing Credit Agreement Borrowers evidenced by or arising under the Existing Loan AgreementFinancing Agreements, and the liens and security interests securing such Indebtedness indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Highland Group Inc)

Restatement. (a) Except as otherwise stated in Section 18.3 14.1 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 Financing Agreements 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 Obligors for the Obligations heretofore granted, pledged and/or assigned to AgentAgent and Lenders. 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 Obligors evidenced by or arising under the Existing Loan AgreementFinancing Agreements, 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Charming Shoppes Inc)

Restatement. (i) Except as otherwise stated in Section 18.3 18.9(b) hereof and this Section 18.418.9(d), 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 Documents, except that nothing herein or in the other Loan Documents shall impair or adversely affect the continuation of the liability of each any Borrower party to the Existing Credit Agreement 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 Obligations and other obligations and liabilities of each any 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 Obligations and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released.

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

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 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Perry Ellis International Inc)

Restatement. (i) Except as otherwise stated in Section 18.3 and this Section 18.413.10, 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 Borrowers and Guarantors for the Obligations heretofore granted, pledged and/or assigned to AgentAgent and Lenders. 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 evidenced by or arising under the Existing Loan AgreementFinancing Agreements, 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Handy & Harman Ltd.)

Restatement. Except as otherwise stated in Section 18.3 and this Section 18.46.2 above, as of the Restatement Effective Datedate hereof, the terms, conditions, covenants, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement were Agreements are hereby amended replaced and restated superseded in their entirety, and as so amended and restated, replaced and superseded, entirety by the terms, conditions, covenants, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan DocumentsFinancing Agreements, except that nothing contained 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 for the Obligations heretofore granted, pledged and/or assigned incurred during the Chapter 11 Cases (as successor by merger to Agentthe Chapter 11 Borrowers (other than Rubatex) and Chapter 11 Guarantors (other than RBX Corp. and RBX Group). 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 indebtedness and other obligations and liabilities of each Borrower party to the Existing Credit Agreement evidenced by or arising under the Existing Loan Agreement, Agreements and the liens and security interests securing such Indebtedness indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released.

Appears in 1 contract

Samples: General Security Agreement (RBX Corp)

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.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Hampshire Group LTD)

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