Common use of Acknowledgments and Stipulations Clause in Contracts

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the 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 on business on May 3, 2006,the unpaid principal amount of the Revolver Loans totaled $0, and the face amount of outstanding Letters of Credit totaled $63,945,498.74.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on of business on May 3October 8, 2006,the 2018, the unpaid principal amount of the Revolver Loans totaled $090,841,820.67, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on of business on May 3November 21, 2006,the 2017, the unpaid principal amount of the Revolver Loans totaled $086,993,949.00, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00.

Acknowledgments and Stipulations. Each The Borrower acknowledges and stipulates that the Loan Agreement and the other Loan Documents executed by such the Borrower are legal, valid and binding obligations of such the Borrower that are enforceable against such the Borrower in accordance with the terms thereof; all of the Secured 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 the Borrower); the security interests and Liens liens granted by such the Borrower in favor of Agent are duly perfected, first priority security interests and Liens, liens (subject only to Permitted Liens); and, and on and as of July 24, 2001 the close on business on May 3, 2006,the unpaid principal amount of the Revolver Revolving Credit Loans totaled $0, 0 and the face unpaid principal amount of outstanding Letters of Credit the LC Obligations totaled $63,945,498.742,972,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on of business on May 3November 18, 2006,the 2019, the unpaid principal amount of the Revolver Loans totaled $0106,872,594.13, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00.

Acknowledgments and Stipulations. Each Borrower Obligor acknowledges and stipulates that the Loan Credit Agreement, the Security Agreement and the other Loan Documents executed by such Borrower Obligor are legal, valid and binding obligations of such Borrower Obligor that are enforceable against such Borrower Obligor 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 BorrowerObligor); the security interests and Liens liens granted by such Borrower Obligor in favor of the Agent are duly perfected, first priority security interests and Liens, subject only to Permitted Liens; and, on and as of the close on opening of business on May 38, 2006,the 2007, the unpaid principal amount of the Revolver Revolving Loans totaled $027,000,000.00, the unpaid principal amount of the Term Loan totaled $28,680,555.57, and the face amount of all issued and outstanding Letters of Credit totaled $63,945,498.7416,622,236.43.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on of business on May 3October 8, 2006,the 2018, the unpaid principal amount of the Revolver Loans totaled $090,841,820.67, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00. 6.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on opening of business on May 3April 27, 2006,the 2020, the unpaid principal amount of the Revolver Loans totaled $0133,000,000.00, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, on and as of the close on opening of business on May 3February 28, 2006,the 2008, the unpaid principal amount of the Revolver Loans totaled $0, 94,215,589.49 and the face amount of outstanding Letters of Credit LC Obligations totaled $63,945,498.74175,000.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on of business on May 3March 8, 2006,the 2018, the unpaid principal amount of the Revolver Loans totaled $096,007,501.00, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on opening of business on May 3March 23, 2006,the 2023, the unpaid principal amount of the Revolver Loans totaled $0153,291,264.84, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on opening of business on May 3June 1, 2006,the 2022, the unpaid principal amount of the Revolver Loans totaled $0122,984,783.17, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on opening of business on May 3August 28, 2006,the 2020, the unpaid principal amount of the Revolver Loans totaled $095,000,000.00, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the 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 on business on May 3November 6, 2006,the 2006, the unpaid principal amount of the Revolver Loans totaled $0, and the face amount of outstanding Letters of Credit totaled $63,945,498.7465,295,498.74.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan 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, subject only to Permitted Liens; and, as of the close on opening of business on May 3December 21, 2006,the 2022, the unpaid principal amount of the Revolver Loans totaled $0144,579,131.18, and the undrawn face amount of outstanding all Letters of Credit totaled $63,945,498.74425,000.