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Amended Credit Agreement
Amended Credit Agreement contract clause examples

Reference is made to the Third Amended and Restated Credit Agreement, dated as of November 2, 2016 (as amended by Amendment No. 1 to Credit Agreement, dated as of December 8, 2017, Amendment No. 2 to Credit Agreement, dated as of June 18, 2018, Amendment No. 3 to Credit Agreement, dated as of June 18, 2018, Amendment No. 4 to Credit Agreement, dated as of June 28, 2019, Amendment No. 5 to Credit Agreement, dated as of March 31, 2020, Amendment No. 6 to Credit Agreement, dated as of June 26, 2020, Amendment No. 7 to Credit Agreement, dated as of March 10, 2021 and Amendment No. 8 to Credit Agreement, dated as of October 27, 2021, the “Existing Credit Agreement”; the Existing Credit Agreement as amended by this Amendment Agreement, the “Amended Credit Agreement”), among the Company, the Approved Borrowers (as defined therein) from time to time party thereto, the lenders from time to time party thereto and Bank of America, N.A., as Administrative Agent and Collateral Agent. Unless otherwise defined herein, terms defined in the Amended Credit Agreement and used herein shall have the meanings given to them in the Amended Credit Agreement.

Reference is made to the Amended and Restated Credit Agreement dated as of December 21, 2021 (as amended, restated, amended and restated, supplemented, or otherwise modified from time to time, the “Credit Agreement”), among the Company, certain subsidiaries of the Company from time to time party thereto as “Designated Borrowers”, the lenders from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”), and the Administrative Agent.

Credit Agreement.Credit Agreement” shall mean the Amended and Restated Credit Agreement dated as of September 26, 2019, by and among the Borrower, the Lenders, and the Administrative Agent, together with the Exhibits and Schedules attached thereto as amended by the First Amendment to Amended and Restated Credit Agreement dated as of January 6, 2020, and effective as of December 31, 2019, and the Second Amendment to Amended and Restated Credit Agreement dated as of June 30, 2020.

Each of the undersigned hereby acknowledges receipt of a copy of Amendment No. 3, dated as of June 2, 2016 (the “Amendment”), to that certain Second Amended and Restated Credit Agreement, dated as of February 13, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among , (the “Company”), [[Subsidiary Borrower:Organization]], the financial institutions from time to time parties thereto as lenders (the “Lenders”) and [[Administrative Agent:Organization]], as Administrative Agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein without definition shall have the meanings assigned to such terms in the Credit Agreement.

Existing Credit Agreement” means that certain Third Amended and Restated Credit Agreement, dated as of March 31, 2017, by and among the Borrowers, as borrowers thereunder, the lenders party thereto and the Administrative Agent, as the same has been amended, supplemented or otherwise modified prior to the Restatement Effective Date.

Each of the undersigned hereby acknowledges receipt of a copy of the foregoing Amendment Agreement (the “Amendment Agreement”), dated as of February 22, 2022, which amends the Third Amended and Restated Credit Agreement dated as of November 2, 2016 (as amended by Amendment No. 1 to Credit Agreement, dated as of December 8, 2017, Amendment No. 2 to Credit Agreement, dated as of June 18, 2018, Amendment No. 3 to Credit Agreement, dated as of June 18, 2018, Amendment No. 4 to Credit Agreement, dated as of June 28, 2019, Amendment No. 5 to Credit Agreement, dated as of March 31, 2020, Amendment No. 6 to Credit Agreement, dated as of June 26, 2020, Amendment No. 7 to Credit Agreement, dated as of March 10, 2021, and Amendment No. 8 to Credit Agreement, dated as of October 27, 2021, the “Existing Credit Agreement”), among Harsco Corporation, a Delaware corporation, Bank of America, N.A., as Administrative Agent, and the several lenders from time to time party thereto. Capitalized terms used in this Consent and Reaffirmation and not defined herein shall have the meanings given to them in the Amended Credit Agreement (as defined in the Amendment Agreement). In connection with the execution and delivery of the Amendment Agreement, each of the undersigned, except as expressly set forth in the Amendment Agreement, # ratifies and affirms all the provisions in the Amended Credit Agreement, the Guarantee and Collateral Agreement and the other Loan Documents, # agrees that the terms and conditions of the Loan Documents, including the security provisions set forth therein, shall continue in full force and effect as amended thereby, and shall not be impaired or limited by the execution or effectiveness of the Amendment Agreement and # acknowledges and agrees that the Collateral continues to secure, to the fullest extent possible in accordance with the Amended Credit Agreement and the Guarantee and Collateral Agreement, the payment and performance of all Obligations. All references in the Loan Documents to # the “Credit Agreement” shall hereafter mean and refer to the Existing Credit Agreement as amended pursuant to the Amendment Agreement and # the term “Obligations” shall hereafter mean and refer to the Obligations as redefined in the Amended Credit Agreement and shall include all additional Obligations resulting from or incurred pursuant to the Amended Credit Agreement.

Reference is made to the Fourth Amended and Restated Credit Agreement dated as of June 10, 2016 (said agreement, as amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”, the terms defined therein being used herein as therein defined), among [[Organization A:Organization]], [[Organization B:Organization]], in its capacity as [[Person A:Person]], and certain Lenders parties thereto.

Reference is hereby made to that certain Second Amended and Restated Credit Agreement dated as of June 22, 2018, entered into by and among Borrower, Administrative Agent, the L/C Issuers and the Lenders (as amended, the “Credit Agreement”).

(as amended by Amendment No. 1 to Credit Agreement, dated as of November 26, 2019, by Amendment No. 2 to Credit Agreement, dated as of September 18, 2020, by Amendment No. 3 to Credit Agreement, dated as of September 1, 2021, by Amendment No. 4 to Credit Agreement, dated as of December 17, 2021, by Amendment No. 5 to Credit Agreement, dated as of October 4, 2022, by Amendment No. 6 to Credit Agreement, dated as of November 15, 2022 and, by Amendment No. 7 to Credit Agreement, dated as of June 1, 2023 and by Amendment No. 8 to Credit Agreement, dated as of December 18, 2023 and by Amendment No. 9 to Credit Agreement, dated as of October 15, 2024)

Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of October 27, 2021 (as amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among , (the “Borrower”), the subsidiaries of the Borrower from time to time party thereto as [[Loan Parties:Organization]], the [[Loan Parties:Organization]] and L/C Issuers from time to time party thereto, and [[Administrative Agent:Organization]], as Administrative Agent.

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