Reference to and Effect on Credit Agreement. Except as specifically modified herein, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are each hereby ratified and confirmed. This Agreement shall be considered a Loan Document from and after the date hereof. The Borrower intend for the amendments to the Loan Documents set forth herein to evidence an amendment to the terms of the existing indebtedness of the Borrower to the Administrative Agent and the Lenders and do not intend for such amendments to constitute a novation in any manner whatsoever.
Reference to the Credit Agreement. Upon the effectiveness hereof, on and after the date hereof, each reference in the Credit Agreement to this Agreement, hereunder, hereof, herein, or words of like import, shall mean and be a reference to the Credit Agreement as amended hereby.
Upon the effectiveness hereof, each reference to the Credit Agreement in the Loan Documents shall mean and be a reference to the Amended Credit Agreement.
Upon the effectiveness hereof, each reference to the Credit Agreement and the Security Agreement in the Credit Agreement, the Security Agreement or any other Loan Document shall mean and be a reference to the Credit Agreement and the Security Agreement, as the case may be, as amended hereby.
Credit Agreement. This Agreement executed by the Company and each of the Agents and the Banks;
Credit Agreement. Counterparts of this Agreement, duly executed by each Lender and Borrower;
Credit Agreement. The Administrative Agent shall have received this Agreement executed and delivered by the Administrative Agent, the Company and each Person listed on [Schedule 1].1A.
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.
Existing Credit Agreement. Lenders that are parties to the Existing Agreement (and which constitute Required Lenders under and as defined in the Existing Agreement) hereby waive the three (3) Business Days notice requirement set forth in [Section 2.5.2] of the Existing Agreement for terminating the Commitments under the Existing Agreement.
SECTION # Reference to and Effect on the Credit Agreement.
Confirmation and Effect. The provisions of the Credit Agreement (as amended by this Amendment) shall remain in full force and effect in accordance with its terms following the effectiveness of this Amendment, and this Amendment shall not constitute a waiver of any provision of the Credit Agreement or any other Credit Document. Each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby.
Effect of Agreement. This Agreement shall completely supersede and replace any and all portions of any contracts, plans, provisions, or practices pertaining to severance entitlements owing to the Executive from the Company other than the CIC Agreement, and is in lieu of any notice requirement, policy, or practice. As such, the Severance Benefits described herein shall serve as the Executive’s sole recourse with respect to termination of employment by the Company other than a termination that entitles the Executive to severance benefits under the terms of the CIC Agreement. In addition, Severance Benefits shall not be counted as “compensation,” or any equivalent term, for purposes of determining benefits under other agreements, plans, provisions, or practices owing to the Executive from the Company, except to the extent expressly provided therein. Except as otherwise specifically provided for in this Agreement, the Executive’s rights under all such agreements, plans, provisions, and practices continue to be subject to the respective terms and conditions thereof.
Effect of Agreement. AVANT’s execution, delivery and performance of this Agreement will not # violate the Articles of Incorporation of AVANT or any provision of Applicable Law, # violate any judgment, order, writ, injunction or decree of any court applicable to AVANT , # have any effect on the compliance of AVANT with any applicable licenses, permits or authorizations which would materially and adversely affect AVANT , # result in the breach of, give rise to a right of termination, cancellation or acceleration of any obligation with respect to (presently or with the passage of time), or otherwise be in conflict with any term of, or affect the validity or enforceability of, any agreement or other commitment to which AVANT is a party and which would materially and adversely effect AVANT , or # result in the creation of any lien, pledge, mortgage, claim, charge or encumbrance upon any assets of AVANT ; provide, however, that regulatory approval may be required in connection with conducting the Business and AVANT makes no representation with respect to any such approvals.
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