Common use of Acknowledgments and Stipulations Clause in Contracts

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close of business on October 8, 2018, the unpaid principal amount of the Revolver Loans totaled $90,841,820.67, and the undrawn face amount of all Letters of Credit totaled $425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close opening of business on October 8April 27, 20182020, the unpaid principal amount of the Revolver Loans totaled $90,841,820.67133,000,000.00, and the undrawn face amount of all Letters of Credit totaled $425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens, subject only to Permitted Liens; and, as of the close of on business on October 8November 6, 20182006, the unpaid principal amount of the Revolver Loans totaled $90,841,820.670, and the undrawn face amount of all outstanding Letters of Credit totaled $425,000.0065,295,498.74.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close opening of business on October 8March 23, 20182023, the unpaid principal amount of the Revolver Loans totaled $90,841,820.67153,291,264.84, and the undrawn face amount of all Letters of Credit totaled $425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such BorrowerBxxxxxxx); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close opening of business on October 8December 21, 20182022, the unpaid principal amount of the Revolver Loans totaled $90,841,820.67144,579,131.18, and the undrawn face amount of all Letters of Credit totaled $425,000.00425,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close opening of business on October 8June 1, 20182022, the unpaid principal amount of the Revolver Loans totaled $90,841,820.67122,984,783.17, and the undrawn face amount of all Letters of Credit totaled $425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close opening of business on October 8August 28, 20182020, the unpaid principal amount of the Revolver Loans totaled $90,841,820.6795,000,000.00, and the undrawn face amount of all Letters of Credit totaled $425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close of business on October March 8, 2018, the unpaid principal amount of the Revolver Loans totaled $90,841,820.6796,007,501.00, and the undrawn face amount of all Letters of Credit totaled $425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liensliens (except as otherwise explicitly provided in the Loan Agreement); and, and on and as of the close of business on October 8February 22, 20182005, the unpaid principal amount of the Revolver Loans totaled $90,841,820.67, 19,685,388.54 and the undrawn face unpaid principal amount of all Letters of Credit the Term Loan totaled $425,000.002,250,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close of business on October 8November 18, 20182019, the unpaid principal amount of the Revolver Loans totaled $90,841,820.67106,872,594.13, and the undrawn face amount of all Letters of Credit totaled $425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Loan Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens, subject only to Permitted Liens; and, as of the close of on business on October 8May 3, 2018, the 2006,the unpaid principal amount of the Revolver Loans totaled $90,841,820.670, and the undrawn face amount of all outstanding Letters of Credit totaled $425,000.0063,945,498.74.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, as of the close of business on October 8November 21, 20182017, the unpaid principal amount of the Revolver Loans totaled $90,841,820.6786,993,949.00, and the undrawn face amount of all Letters of Credit totaled $425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by such Borrower are legal, valid and binding obligations of such Borrower that are enforceable against such Borrower in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by such Borrower); the security interests and Liens liens granted by such Borrower in favor of Agent are duly perfected, first priority security interests and Liens; and, on and as of the close opening of business on October 8February 28, 20182008, the unpaid principal amount of the Revolver Loans totaled $90,841,820.67, 94,215,589.49 and the undrawn face amount of all Letters of Credit LC Obligations totaled $425,000.00175,000.