Common use of Restatement Clause in Contracts

Restatement. As of the date hereof, the terms conditions, agreements, covenants, representations and warranties set forth in the Existing Security Agreement are hereby amended, restated, replaced and superseded in their entirety by this Agreement, provided that nothing herein shall impair or adversely affect the continuation of the liability and obligations of the Pledgors under the Existing Security Agreement, as amended and restated hereby, and nothing herein shall be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the obligations and liabilities of the Pledgors arising under the Existing Security Agreement, as amended and restated hereby, and the liens and security interests in favor of the Agent under the Existing Security Agreement shall not in any manner be impaired, limited, terminated, waived or released, except as expressly provided in the Credit Agreement and the other Financing Documents. Notwithstanding the foregoing, each party hereto acknowledges and agrees that non-compliance with any provision of the Existing Security Agreement, if any, prior to the Effective Date is hereby waived.

Restatement. As of The terms and conditions of, and the date hereof, the terms conditions, agreements, covenants, representations and warranties set forth in the Existing Security Credit Agreement are hereby amended, restated, replaced and superseded in their entirety by the terms, conditions, agreements, representations and warranties set forth in this AgreementAgreement and the other Facility Documents and the Existing Credit Agreement shall be of no further force and effect. Nothing contained herein or in any of the other Facility Documents shall impair, provided that nothing herein shall impair limit or adversely affect the continuation of the liability of each Obligor for the Obligations heretofore incurred and obligations of the Pledgors security interests, Liens and other collateral interests heretofore granted, pledged and assigned to the Agent by such Obligor. All loans, advances and other financial accommodations under the Existing Security Agreement, as amended and restated hereby, and nothing herein shall be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the obligations and liabilities of the Pledgors arising under the Existing Security Agreement, as amended and restated hereby, and the liens and security interests in favor of the Agent under the Existing Security Agreement shall not in any manner be impaired, limited, terminated, waived or released, except as expressly provided in the Credit Agreement and the all other Financing Documents. Notwithstanding the foregoing, each party hereto acknowledges and agrees that non-compliance with any provision Obligations of the Existing Security Agreement, if any, prior Obligors to the Effective Date is hereby waivedBanks outstanding and unpaid as of the date hereof pursuant to the Existing Credit Agreement shall be deemed to be Obligations pursuant to the terms hereof and shall constitute and be deemed a Loan by the Banks to the Borrower and shall be repayable in accordance with the terms of this Agreement.

Restatement. As (a) Except as otherwise stated in Section 14.2 hereof and this Section 14.4, as of the date hereof, the terms conditions, agreements, covenants, representations and warranties set forth in the Existing Security Agreement Financing Agreements are hereby amendedamended and restated in their entirety, and as so amended and restated, are replaced and superseded in their entirety by this AgreementAgreement and the other Financing Agreements, and the Borrowers shall continue to be jointly and severally liable for the Obligations (which obligations pursuant to the Existing Financing Agreements shall be deemed incorporated into, a part of, and amended, restated and allocated as provided that nothing in Section 14.4(b) hereof). The amendment and restatement contained herein shall impair or adversely affect the continuation of the liability and obligations of the Pledgors under the Existing Security Agreementnot, as amended and restated herebyin any manner, and nothing herein shall be construed to constitute (i) payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, of the Indebtedness and other obligations and liabilities of the Pledgors Borrowers evidenced by or arising under the Existing Security AgreementFinancing Agreements (all of which Indebtedness and other obligations and liabilities shall be deemed incorporated into, as amended and restated herebya part of, and amended, restated and allocated as provided in Section 14.4(b) hereof) or (ii) a release, termination or impairment of the liens and security interests in favor securing such Indebtedness and other obligations and liabilities, all of which liens and security interests shall be deemed to secure the Obligations and shall be assigned to Agent under for the Existing Security Agreement shall not in any manner be impaired, limited, terminated, waived or released, except as expressly provided in the Credit Agreement and the other Financing Documents. Notwithstanding the foregoing, each party hereto acknowledges and agrees that non-compliance with any provision benefit of the Existing Security Agreement, if any, prior to the Effective Date is hereby waivedLenders.

Restatement. As (a) Except as otherwise stated in Section 13.2 hereof and this Section 13.4, as of the date hereof, the terms terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Loan Agreement and each of the General Security Agreement Agreements, dated September 22, 2000, made by Carrus and PBY are hereby amendedamended 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 their entirety by this AgreementAgreement and the other Financing Agreements, provided except that nothing herein or in the other Financing Agreements shall impair or adversely affect the continuation of the liability of each Borrower or Guarantor for the Obligations heretofore granted, pledged and/or assigned to Agent or any Lender. The amendment and obligations of the Pledgors under the Existing Security Agreement, as amended and restated hereby, and nothing 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 the Pledgors each Borrower or Guarantor evidenced by or arising under the Existing Security Loan Agreement, as amended and restated hereby, and the liens and security interests in favor of the Agent under the Existing Security Agreement securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released, except as expressly provided in the Credit Agreement and the other Financing Documents. Notwithstanding the foregoing, each party hereto acknowledges and agrees that non-compliance with any provision of the Existing Security Agreement, if any, prior to the Effective Date is hereby waived.

Restatement. As (i) Except as otherwise stated in Section 9.22(b) hereof and this Section 9.22(d), as of the date hereof, the terms terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Security Original Credit Agreement are hereby amendedsimultaneously amended and restated in their entirety (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 their entirety by this AgreementAgreement and the other Loan Documents executed or delivered on or after the date hereof, provided except that nothing herein or in the other Loan Documents shall impair or adversely affect the continuation of the liability and obligations of the Pledgors under Loan Parties for the Existing Security AgreementObligations heretofore incurred and the security interests, as amended liens and restated herebyother interests in the Collateral heretofore granted, pledged or assigned by the Loan Parties to either Agent or any Lender (whether directly, indirectly or otherwise). (ii) The amendment and nothing 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 obligations and liabilities Obligations of the Pledgors Loan Parties evidenced by or arising under the Existing Security Original Credit Agreement, as amended and restated hereby, and the liens Liens and security interests in favor of each Agent, for the benefit of the Agent under the Existing Security Agreement shall not in any manner be impairedLenders, limited, terminated, waived or released, except as expressly provided in the Credit Agreement securing such Obligations and the other Financing Documents. Notwithstanding the foregoing, each party hereto acknowledges and agrees that non-compliance with any provision of the Existing Security Agreement, if any, prior to the Effective Date is hereby waived.obligations and

Restatement. As of the date hereof, the terms conditions, agreements, covenants, representations and warranties set forth in the Existing Security Agreement are hereby amended, restated, replaced and superseded in their entirety by this Agreement, provided that nothing herein shall impair or adversely affect the continuation of the liability and obligations of the Pledgors under the Existing Security Agreement, as amended and restated hereby, and nothing herein shall be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the obligations and liabilities of the Pledgors arising under the Existing Security Agreement, as amended and restated hereby, and the liens and security interests in favor of the Agent under the Existing Security Agreement shall not in any manner be impaired, limited, terminated, waived or released, except as expressly provided in the Credit Agreement and the other Financing Documents. Notwithstanding the foregoing, each party hereto acknowledges and agrees that non-compliance with any provision of the Existing Security Agreement, if any, prior to the Effective Date is hereby waived.. BOS111 12487896.6

Restatement. As of the date hereof, the terms conditions, agreements, covenants, representations and warranties set forth in the Existing Security Credit Agreement are hereby amended, restated, replaced and superseded in their entirety by this Agreement, provided that nothing herein shall impair or adversely affect the continuation of the liability and obligations of the Pledgors Credit Parties under the Existing Security Agreement, Credit Agreement as amended and restated hereby, hereby and nothing herein shall 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 the Pledgors Credit Parties evidenced by or arising under the Existing Security Agreement, Credit Agreement or the other Existing Financing Documents as amended and restated hereby, and the liens and security interests in favor of the Administrative Agent under the Existing Security Agreement securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released, except as expressly provided herein or in the Credit Agreement and the other Financing Documents. Notwithstanding the foregoing, each party hereto acknowledges and agrees that non-compliance with any provision of the Existing Security AgreementCredit Agreement or the other Existing Financing Documents, if any, prior to the Effective Date is hereby waived.

Restatement. As of the date hereof, the terms conditions, agreements, covenants, representations and warranties set forth in the Existing Security Credit Agreement are hereby amended, restated, replaced and superseded in their entirety by this Agreement, provided that nothing herein shall impair or adversely affect the continuation of the liability and obligations of the Pledgors Credit Parties under the Existing Security Agreement, Credit Agreement as amended and restated hereby, hereby and nothing herein shall 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 the Pledgors Credit Parties evidenced by or arising under the Existing Security Agreement, Credit Agreement or the other Existing Financing Documents as amended hereby (it being understood, however, that accrued interest and restated herebyfees under the Existing Credit Agreement are being paid by the Borrowers on the Effective Date in accordance with Section 4.01(q)), and the liens and security interests in favor of the Administrative Agent under the Existing Security Agreement securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released, except as expressly provided herein or in the Credit Agreement and the other Financing Documents. Notwithstanding the foregoing, each party hereto acknowledges and agrees that non-compliance with any provision of the Existing Security AgreementCredit Agreement or the other Existing Financing Documents, if any, prior to the Effective Date is hereby waived.