U.S. FEDERAL INCOME
TAX TREATMENT OF SUCH TRANSACTIONS AND THE TAX STRUCTURE OF SUCH TRANSACTIONS IS
ANY FACT THAT MAY BE RELEVANT TO UNDERSTANDING THE PURPORTED OR CLAIMED U.S.
FEDERAL INCOME TAX TREATMENT OF SUCH TRANSACTIONS.
SECTION 9.17.
EFFECT OF RESTATEMENT.
THIS AGREEMENT SHALL, EXCEPT AS OTHERWISE
EXPRESSLY SET FORTH HEREIN, SUPERSEDE THE EXISTING CREDIT AGREEMENT FROM AND
AFTER THE RESTATEMENT DATE WITH RESPECT TO THE TRANSACTIONS HEREUNDER AND WITH
RESPECT TO THE LOANS AND LETTERS OF CREDIT OUTSTANDING UNDER THE EXISTING CREDIT
AGREEMENT AS OF THE RESTATEMENT DATE.
THE PARTIES HERETO ACKNOWLEDGE AND AGREE,
HOWEVER, THAT (I) THIS AGREEMENT AND ALL OTHER LOAN DOCUMENTS EXECUTED AND
DELIVERED HEREWITH DO NOT CONSTITUTE A NOVATION, PAYMENT AND REBORROWING OR
TERMINATION OF THE OBLIGATIONS (EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN WITH
RESPECT TO THE REPAYMENT OF THE EXISTING TERM LOANS) UNDER THE EXISTING CREDIT
AGREEMENT AND THE OTHER LOAN DOCUMENTS AS IN EFFECT PRIOR TO THE RESTATEMENT
DATE, (II) SUCH OBLIGATIONS ARE IN ALL RESPECTS CONTINUING WITH ONLY THE TERMS
BEING MODIFIED AS PROVIDED IN THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS,
(III) THE LIENS AND SECURITY INTERESTS IN FAVOR OF THE COLLATERAL AGENT FOR THE
BENEFIT OF THE SECURED PARTIES SECURING PAYMENT OF SUCH OBLIGATIONS ARE IN ALL
RESPECTS CONTINUING AND IN FULL FORCE AND EFFECT WITH RESPECT TO ALL OBLIGATIONS
AND (IV) ALL REFERENCES IN THE OTHER LOAN DOCUMENTS TO THE CREDIT AGREEMENT
SHALL BE DEEMED TO REFER WITHOUT FURTHER AMENDMENT TO THIS AGREEMENT.
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