Common use of Confirmation of Indebtedness Clause in Contracts

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30, 2014, Borrowers were indebted to Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30February 5, 20142019, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0 due on account of Revolving Advances and $0.00 3,804,761.92 due on account of undrawn Letters of Creditthe Term Loan, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30February 20, 20142015, Borrowers were indebted to Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 18,515,384.02 due on account of Revolving Advances and $0.00 226,020.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30May 20, 2014, Borrowers were indebted to Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 19,509,998.04 due on account of Revolving Advances and $$ 0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30April 25, 20142018, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of ($22,817,930.38 2,106,095.32) due on account of Revolving Advances and $0.00 4,364,285.72 due on account of undrawn Letters of Creditthe Term Loan, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30August 6, 20142010, Borrowers were indebted to Lenders for the Agent and Lenders: (ai) on account of Revolving Advances under the Loan Agreement in the aggregate principal amount of $0.00; and (ii) on account of undrawn Letters of Credit under the Loan Agreement in the aggregate principal amount of $3,428,000.00, plus all fees, expenses and accrued but unpaid interest and in each case without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30April 13, 20142018, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of ($22,817,930.38 365,513.49) due on account of Revolving Advances and $0.00 4,364,285.72 due on account of undrawn Letters of Creditthe Term Loan, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30December 8, 2014, 2006 Borrowers were indebted to Agent and Lenders for the (a) on account of Revolving Advances under the Loan Agreement in the aggregate principal amount of $6,018,726.90, without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with and due by Borrowers under the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30April 16, 2014, 2007 Borrowers were indebted to Agent and Lenders for the (a) on account of Revolving Advances under the Loan Agreement in the aggregate principal amount of $12,284,809.03, without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with and due by Borrowers under the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers Bxxxxxxxx confirm and acknowledge that as of the close of business on September 30July 26, 20142023, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0 due on account of Revolving Advances and $0.00 on account of undrawn Letters of CreditAdvances, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30October 3, 2014, 2006 Borrowers were indebted to Agent and Lenders for the (a) on account of Revolving Advances under the Loan Agreement in the aggregate principal amount of $7,585,004.84, without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with and due by Borrowers under the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30April 6, 20142006, Borrowers were indebted to Agent and Lenders for the (a) on account of Revolving Advances under the Loan Agreement in the aggregate principal amount of $8,466,530.12, without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with and due by Borrowers under the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30June 23, 2014, 2006 Borrowers were indebted to Agent and Lenders for the (a) on account of Revolving Advances under the Loan Agreement in the aggregate principal amount of $5,529,508.93, without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with and due by Borrowers under the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30July __, 20142010, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of ($22,817,930.38 ____________), due on account of Revolving Advances and ($0.00 _________) on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30October 2, 20142020, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0 due on account of Revolving Advances and Advances, $0.00 7,532,879.84 due on account of undrawn Letters the Term Loan and $0 due on account of Creditthe Equipment Loans, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30June 10, 2014, Borrowers were indebted to Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 421,871.43 due on account of Revolving Advances Advances, and $0.00 140,573.32 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30July 21, 20142022, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0.00 due on account of Revolving Advances and $0.00 6,371,210.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30June 9, 20142010, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0, of which $0 is due on account of Revolving Advances Advances, and $0.00 on account of 0 is the undrawn amount outstanding under Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30October 5, 20142020, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0.00 due on account of Revolving Advances and $0.00 6,607,481.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30December 22, 20142017, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 32,415,923.15 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Creditthe Term Loan, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.Agreement and the Other Documents

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30February 9, 20142015, Borrowers were indebted to Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0 due on account of Revolving Advances Advances, and $0.00 100,573.32 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30July 12, 20142019, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 32,415,923.15 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Creditthe Term Loan, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.Agreement and the Other Documents

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30April 9, 20142015, Borrowers were indebted to Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0 due on account of Revolving Advances Advances, and $0.00 0 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 3022, 2014, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 25,434,007.51 due on account of Revolving Advances and $0.00 on account of undrawn Letters of CreditAdvances, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents. 9.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30July [ ], 20142020, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 [ ] due on account of Revolving Advances and Advances, $0.00 [ ] due on account of undrawn Letters the Term Loan and $[ ] due on account of Creditthe Equipment Loans, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30March 14, 20142018, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account 140,650,448.03, consisting of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.6

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30October 4, 20142021, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0.00 due on account of Revolving Advances and $0.00 7,986,383.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30December 20th, 20142022, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0.00 due on account of Revolving Advances and $0.00 5,800,206.00.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 3022, 2014, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 25,434,007.51 due on account of Revolving Advances and $0.00 on account of undrawn Letters of CreditAdvances, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30April 28, 20142021, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0.00 due on account of Revolving Advances and $0.00 7,986,383.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm Borrower confirms and acknowledge acknowledges, subject to Section 2.8 of the Loan Agreement, that as of the close of business on September 30November 15, 20142010, Borrowers were Borrower was indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0.0, due on account of Revolving Advances and $0.00 on account of undrawn Letters of CreditAdvances, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers Bxxxxxxxx confirm and acknowledge that as of the close of business on September 30December 5, 20142022, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0.00 due on account of Revolving Advances and $0.00 5,800,206.00.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30March 31, 20142020, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 32,415,923.15 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Creditthe Term Loan, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.Agreement and the Other Documents

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30August 24, 2014, 2007 Borrowers were indebted to Agent and Lenders for the (a) on account of Revolving Advances under the Loan Agreement in the aggregate principal amount of $15,087,909.52, without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with and due by Borrowers under the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30November 16, 20142017, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 32,415,923.15 due on account of Revolving Advances and $0.00 on account of undrawn Letters of Creditthe Term Loan, plus in each case all fees, costs and expenses incurred to date in connection with the Loan Agreement.Agreement and the Other Documents

Confirmation of Indebtedness. Borrowers confirm and acknowledge acknowledge, subject to Section 2.8 of the Loan Agreement, that as of the close of business on September 3027, 20142012, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 3.28, due on account of Revolving Advances and $0.00 1,366,134.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30March 29, 20142013, Borrowers were indebted to Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 4,480,177.88 due on account of Revolving Advances Advances, and $0.00 233,533.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 3028, 20142012, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 1,929,073.42, due on account of Revolving Advances and $0.00 233,533.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30December 21, 20142010, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 0, due on account of Revolving Advances and $0.00 13,906,488.00 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30February 28, 20142011, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim$-0-, of any nature, in the aggregate principal amount of $22,817,930.38 due on account of Revolving Advances and $0.00 13,906,488 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.

Confirmation of Indebtedness. Borrowers confirm and acknowledge that as of the close of business on September 30April 19, 20142010, Borrowers were indebted to Agent and Lenders for the (a) Advances under the Loan Agreement without any deduction, defense, setoff, claim or counterclaim, of any nature, in the aggregate principal amount of $22,817,930.38 8,003,909.92, due on account of Revolving Advances and $0.00 0 on account of undrawn Letters of Credit, plus in each case all fees, costs and expenses incurred to date in connection with the Loan AgreementAgreement and the Other Documents.