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 each Borrower); the security interests and liens granted by each Borrower in favor of Agent are duly perfected, first priority security interests and liens; and the unpaid principal amount of the Revolver Loans on and as of the close of business on December 30, 1998, totaled $74,663,679.51.

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 each Borrower); the security interests and liens granted by each Borrower in favor of Agent are duly perfected, first priority security interests and liens; and the unpaid principal amount of the Revolver Loans on and as of the close of business on December 30July 8, 1998, totaled $74,663,679.5163,446,930.59.

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 each such Borrower); the security interests and liens granted by each 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 the unpaid principal amount of the Revolver Loans on and as of the close of business on December 30February 27, 1998, 2003 totaled $74,663,679.5123,341,761.75.

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 each Borrower); the security interests and liens granted by each Borrower in favor of Agent are duly perfected, first priority security interests and liens; and the unpaid principal amount of the Revolver Loans on and as of the close of business on December 30May 20, 19981999, totaled $74,663,679.5173,158,320.30.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Agreement and the other Loan Documents Financing Agreements 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 each such Borrower); the security interests and liens granted by each such Borrower in favor of Agent are duly perfected, first priority security interests and liens; and the unpaid principal amount of the Revolver Loans on and as of the close of business on December 30October 2, 19982006, totaled $74,663,679.5149,014,519.

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 each such Borrower); the security interests and liens granted by each such Borrower in favor of Agent Lender are duly perfected, first priority security interests and liens; and the unpaid principal amount of the Revolver Loans on and as of the close of business on December 30April 12, 19982001, totaled $74,663,679.5112,601,259.

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 each such Borrower); the security interests and liens granted by each 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 on and as of February 22, 2005, the unpaid principal amount of the Revolver Loans on totaled $19,685,388.54 and as the unpaid principal amount of the close of business on December 30, 1998, Term Loan totaled $74,663,679.512,250,000.00.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Agreement and the other Loan Documents Financing Agreements 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 each such Borrower); the security interests and liens granted by each such Borrower in favor of Agent are duly perfected, first priority security interests and liens; and, as of the close of business on February 26, 2015, the unpaid principal amount of the Tranche A Loans totaled $116,638,218.79 and the unpaid principal amount of the Revolver Tranche B Loans on and as of the close of business on December 30, 1998, totaled $74,663,679.515,000,000.00.

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 each such Borrower); the security interests and liens granted by each such Borrower in favor of Agent Lender are duly perfected, first priority security interests and liens; and the unpaid principal amount of the Revolver Loans on and as of the close opening of business on December 30May 7, 19982020, totaled $74,663,679.514,063,512.84.

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 each such Borrower); the security interests and liens granted by each 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 on and as of July 8, 2005, the unpaid principal amount of the Revolver Loans on totaled $23,269,912.98 and as the unpaid principal amount of the close of business on December 30, 1998, Term Loan totaled $74,663,679.512,000,000.00.

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 each such Borrower); the security interests and liens granted by each such Borrower in favor of Agent are duly perfected, first priority security interests and liensLiens; and, on and as of the opening of business February 28, 2008, the unpaid principal amount of the Revolver Loans on and as of the close of business on December 30, 1998, totaled $74,663,679.5194,215,589.49 and the LC Obligations totaled $175,000.

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 each Borrower); the security interests and liens granted by each Borrower in favor of Agent are duly perfected, first priority security interests and liens; and the unpaid principal amount of the Revolver Loans on and as of the close of business on December 30August 25, 1998, totaled $74,663,679.5160,455,480.62.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Agreement and the other Loan Documents Financing Agreements 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 each such Borrower); the security interests and liens granted by each such Borrower in favor of Agent are duly perfected, first priority security interests and liens; and the unpaid principal amount of the Revolver Loans on and as of the close opening of business on December 30February 26, 19982007, totaled $74,663,679.5178,254,254.70.

Acknowledgments and Stipulations. Each Borrower acknowledges and stipulates that the Loan Agreement and the other Loan Documents Financing Agreements 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 each such Borrower); the security interests and liens granted by each such Borrower in favor of Agent are duly perfected, first priority security interests and liens; and, as of the opening of business on September 25, 2014, the unpaid principal amount of the Tranche A Loans totaled $93,622,870.77 and the unpaid principal amount of the Revolver Tranche B Loans on and as of the close of business on December 30, 1998, totaled $74,663,679.516,382,301.43.