Restatement. Except as otherwise stated in Section 18.13 and this Section 18.4, as of the date hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan Documents, except that nothing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 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 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
Sources: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)
Restatement. (a) Except as otherwise stated in Section 18.13 3.2 hereof and this Section 18.43.4, as of the date hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Restated Existing Credit Agreement Agreements are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan DocumentsAgreement, except that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 for the Obligations heretofore granted, pledged and/or assigned to Agent. Agent or Lender.
(b) 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 evidenced by or arising under the Existing Loan AgreementAgreements, 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.
(c) All of the Existing Agreements, other than the Restated Existing Agreements, shall continue in full force and effect in accordance with their terms in favor of Agent and Lender, except as specifically amended and supplemented pursuant to the terms of this Agreement.
Appears in 2 contracts
Sources: Loan Agreement (Pny Technologies Inc), Loan Agreement (Pny Technologies Inc)
Restatement. Except as otherwise stated in Section 18.13 14.2 hereof and this Section 18.414.4, as of the date hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement 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 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 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
Restatement. Except as otherwise stated in Section 18.13 18.3 and this Section 18.4, as of the date hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement 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 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 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
Sources: Credit Agreement (Vector Group LTD)
Restatement. Except as otherwise stated in Section 18.13 14.2 hereof and this Section 18.414.4, as of the date hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement 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 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 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
Restatement. Except as otherwise stated in Section 18.13 and this Section 18.413.10, as of the date hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Loan Agreement 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 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 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
Restatement. Except as otherwise stated in Section 18.13 2.2 hereof and this Section 18.42.4, as of the date hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement 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 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 for the its Obligations heretofore granted, pledged and/or assigned incurred to AgentAgent or any Lender. 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 or any other obligations and or liabilities of each Borrower evidenced by or arising under the Existing Loan Agreement, and the liens and security interests securing such Indebtedness and such other obligations and liabilities, which liabilities shall not in any manner be impaired, limited, terminated, waived or released.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Salant Corp)