No Novation. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Credit Agreement or instruments securing the same, which shall remain in full force and effect, except as modified hereby.
No Novation. The amendment and restatement of the Existing Credit Agreement pursuant to this Amendment No. 10 and the Amended Credit Agreement 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 other obligations and liabilities of Borrowers and Guarantors evidenced by or arising under the Existing Credit Agreement or any of the other Loan Documents and each Borrower and each Guarantor confirms and agrees that it continues to remain liable for all such Obligations and other obligations and liabilities, and the liens and security interests in the Collateral of Agents and Lenders securing such Obligations 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 Lenders.
NO NOVATION. The parties hereto hereby agree that, effective upon the execution and delivery of this Agreement, the terms and provisions of the Prior Agreement shall be and hereby are amended, restated and superseded in their entirety by the terms and provisions of this Agreement. Nothing herein contained shall be construed as a substitution or novation of the obligations of outstanding under the Prior Agreement or instruments securing the same, which obligations shall remain in full force and effect, except to the extent that the terms thereof are modified hereby. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of , or any Guarantor from any of its obligations or liabilities under the Prior Agreement or any of the security agreements, pledge agreements, mortgages, guaranties or other loan documents executed in connection therewith. hereby confirms and agrees that to the extent that the Prior Agreement purports to collaterally assign or pledge to , or to grant to , a security interest in or lien on, any collateral as security for the Obligations from time to time existing in respect of the Prior Agreement, such pledge, collateral assignment or grant of the security interest or lien is hereby ratified and confirmed in all respects as a collateral assignment, pledge or grant to , and shall remain effective as of the first date it became effective.
No Novation. Neither this Agreement nor the Restated Credit Agreement shall extinguish the Loans or other Obligations outstanding under the Existing Credit Agreement. This Agreement shall be a Loan Document for all purposes.
No Novation. Nothing in this Amendment shall be construed to be or constitute any novation of Borrower’s obligations to Lender. No provision herein or representation made in discussions related to this Amendment, shall be deemed a waiver by Lender, either express or implied, of any breach of any other covenant or term in the Loan Documents or any other or future non-compliance, all legal and equitable rights and remedies being hereby reserved by Lender.
Effect of Amendment; No Novation. The amendment and restatement of the Prior Security Document pursuant to this Agreement shall be effective as of the Closing Date. All obligations and rights of the Grantors and the Secured Parties arising out of or relating to the period commencing on the Closing Date shall be governed by the terms and provisions of this Agreement; the obligations of and rights of the Grantors and the Secured Parties arising out of or relating to the period prior to the Closing Date shall continue to be governed by the Prior Security Document without giving effect to the amendment and restatements provided for herein. This Agreement shall not constitute a novation or termination of the Grantors’ obligations under the Prior Security Document or any other Loan Document executed or delivered in connection therewith, but shall constitute effective on the date hereof an amendment and restatement of the obligations and covenants of each Grantor under such Loan Documents (and each Grantor hereby reaffirms all such obligations and covenants, as hereby amended.
Section # Ratification, No Novation, Effect of Modifications. Except as may be amended or modified hereby, the terms of the Credit Facility Agreement are hereby ratified, affirmed and confirmed and shall otherwise remain in full force and effect. Nothing in this Eleventh Amendment shall be construed to extinguish, release, or discharge or constitute, create or effect a novation of, or an agreement to extinguish, release or discharge, any of the obligations, indebtedness and liabilities of Borrower or any other party under the provisions of the Credit Facility Agreement or any of the other Loan Documents, unless specifically herein provided.
any novation of or failure to exercise any right of the BENEFICIARY against PRINCIPAL(S); and
an amendment includes a supplement, novation, restatement or re-enactment and amended will be construed accordingly;
and shall not constitute a novation of the Loan Documents or any obligations arising thereunder or in connection therewith.
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