Common use of Agreement in Full Force and Effect as Amended Clause in Contracts

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Agreement and the other Credit Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an amendment or modification of any provisions of the Credit Agreement or any other Credit Document or any right, power or remedy of the Lenders, nor constitute a waiver of any provision of the Credit Agreement, any other Credit Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders whether under the Credit Agreement, the other Credit Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the other Credit Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document to the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Note Purchase Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Note Purchase Document or any right, power or remedy of the LendersAdministrative Agent or Noteholders thereunder, nor constitute a course of dealing or other basis for altering any obligation of the Borrowers, or a waiver of any provision of the Credit Agreement, Agreement or any other Credit Note Purchase Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the execution date hereof of this Amendment or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Administrative Agent or Noteholders whether under the Credit Agreement, the other Credit Note Purchase Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Note Purchase Documents, but rather shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Note Purchase Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Note Purchase Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Note Purchase Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Note Purchase Document or any right, power or remedy of the LendersAdministrative Agent or Noteholders thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Note Purchase Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the execution date hereof of this Amendment or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Administrative Agent or Noteholders whether under the Credit Agreement, the other Credit Note Purchase Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Note Purchase Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Note Purchase Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Note Purchase Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Loan Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an amendment or modification of any provisions of the Credit Loan Agreement or any other Credit Loan Document or any right, power or remedy of the Lenders, nor constitute a waiver of any provision of the Credit Loan Agreement, any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders whether under the Credit Loan Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All references to the Credit Loan Agreement shall be deemed to mean the Credit Loan Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Loan Agreement or the other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Loan Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Loan Agreement to “this AgreementAmendment,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Loan Agreement as amended by this Amendment, and each reference herein or in any other Credit Loan Document to the “Credit Loan Agreement” shall mean and be a reference to the Credit Loan Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended amended, consented and/or waived hereby, the Credit Agreement and the other Credit Transaction Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Transaction Document or any right, power or remedy of the LendersAgent or Purchasers, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Transaction Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent and/or Purchasers whether under the Credit Agreement, the other Credit Transaction Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the and/or other Credit Transaction Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Transaction Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Transaction Document to the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Loan Document or any right, power or remedy of the Agent or Lenders, nor or constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Agent and/or Lenders whether under the Credit Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the and/or other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Loan Documents to the “Loan Agreement” or “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Transaction Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Transaction Document or any right, power or remedy of the LendersAgent or Purchaser thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Transaction Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Trigger Event of Default under any of the foregoing, in each case, case whether arising before or after the execution date hereof of this Amendment or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent or Purchaser whether under the Credit Agreement, the other Credit Transaction Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Documents, Transaction Document but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Transaction Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Transaction Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended herebyhereunder, the Credit Agreement Purchase Agreement, the Note, and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Purchase Agreement or any other Credit Loan Document or any right, power or remedy of the LendersPurchaser, nor constitute a waiver of any provision of the Credit Agreement, Purchase Agreement or any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Purchaser whether under the Credit Purchase Agreement, the Note, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All references to the Credit Purchase Agreement shall be deemed to mean the Credit Purchase Agreement as modified amended hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Purchase Agreement or the and/or other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement Purchase Agreement, the Note, and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Purchase Agreement as amended by this Amendment, and each reference herein or in any other Credit Loan Document to the “Credit Purchase Agreement” shall mean and be a reference to the Credit Purchase Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Note Purchase Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Note Purchase Document or any right, power or remedy of the LendersAgent or Noteholders thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Note Purchase Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent or Noteholders whether under the Credit Agreement, the other Credit Note Purchase Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Note Purchase Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Note Purchase Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Note Purchase Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Loan Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an amendment or modification of any provisions of the Credit Loan Agreement or any other Credit Loan Document or any right, power or remedy of the Lenders, nor constitute a waiver of any provision of the Credit Loan Agreement, any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders whether under the Credit Loan Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All references to the Credit Loan Agreement shall be deemed to mean the Credit Loan Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Loan Agreement or the other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Loan Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Loan Agreement to “this AgreementAmendment,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Loan Agreement as amended by this Amendment, and each reference herein or in any other Credit Loan Document to the “Credit Loan Agreement” shall mean and be a reference to the Credit Loan Agreement as amended and modified by this Amendment. This Amendment reflects the entire understanding of the parties with respect to the transactions contemplated hereby and shall not be contradicted or qualified by any other agreement, oral or written, before the date hereof.

Agreement in Full Force and Effect as Amended. Except as specifically amended amended, consented and/or waived hereby, the Credit Agreement and the other Credit Documents Subordination Agreement shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Document the Subordination Agreement or any right, power or remedy of the LendersAgent or Purchasers, nor constitute a waiver of any provision of the Credit Agreement, any other Credit Document, the Subordination Agreement or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment Repayment Agreement also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent and/or Purchasers whether under the Credit Subordination Agreement, the other Credit Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the other Credit Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Documents Subordination Agreement as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Repayment Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document the Subordination Agreement to the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Note Purchase Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Note Purchase Document or any right, power or remedy of the LendersAgent or Noteholders thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Note Purchase Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the execution date hereof of this Amendment or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent or Noteholders whether under the Credit Agreement, the other Credit Note Purchase Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Note Purchase Documents, but rather shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Note Purchase Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Note Purchase Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended amended, consented and/or waived hereby, the Credit Agreement and the other Credit Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Document or any right, power or remedy of the LendersLender, nor constitute a waiver of any provision of the Credit Agreement, any other Credit Document, or any other document, instrument and/or agreement executed or delivered in connection therewith Agreement or of any Default default or Event of Default under any of the foregoingAgreement, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Lender whether under the Credit Agreement, the other Credit Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the other Credit Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document to the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Financing Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Financing Agreement or any other Credit Loan Document or any right, power or remedy of the Lenders, nor constitute a waiver of any provision of the Credit Financing Agreement, any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders whether under the Credit Financing Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All references to the Credit Financing Agreement shall be deemed to mean the Credit Financing Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Financing Agreement or the other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Financing Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Financing Agreement to “this AgreementAmendment,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Financing Agreement as amended by this Amendment, and each reference herein or in any other Credit Loan Document to the “Credit Financing Agreement” shall mean and be a reference to the Credit Financing Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Existing Loan Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Existing Loan Agreement or any other Credit Loan Document or any right, power or remedy of the LendersLender, nor constitute a waiver of any provision of the Credit Agreement, Existing Loan Agreement or any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Lender whether under the Credit Existing Loan Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All On the Effective Date, all references to the Credit Existing Loan Agreement shall be deemed to mean the Credit Existing Loan Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Existing Loan Agreement or the and/or other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Existing Loan Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Existing Loan Agreement as amended by this Amendment, and each reference herein or in any other Credit Loan Document to the “Credit Existing Loan Agreement” shall mean and be a reference to the Credit Existing Loan Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended amended, consented or waived hereby, the Credit Agreement and the other Credit Transaction Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment Waiver shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Transaction Document or any right, power or remedy of the LendersAgent or Purchasers thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Transaction Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also Waiver shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent or Purchasers whether under the Credit Agreement, the other Credit Transaction Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment Waiver shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Transaction Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Transaction Documents as amended by this AmendmentWaiver, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this AmendmentWaiver, and each reference herein or in any other Credit Transaction Document to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this AmendmentWaiver.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Agreement and the other Credit Transaction Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Transaction Document or any right, power or remedy of the LendersAgent or Purchasers thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Transaction Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent or Purchasers whether under the Credit Agreement, the other Credit Transaction Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Transaction Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Transaction Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Transaction Document to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Loan Document or any right, power or remedy of the Agent or Lenders, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Loan Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof Effective Date or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Agent or Lenders whether under the Credit Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Loan Document to the “Agreement” or “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Agreement and the other Credit Note Purchase Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Note Purchase Document or any right, power or remedy of the LendersAgent or Noteholders thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Note Purchase Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent or Noteholders whether under the Credit Agreement, the other Credit Note Purchase Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Note Purchase Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Note Purchase Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Note Purchase Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended amended, consented and/or waived hereby, the Credit Purchase Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Purchase Agreement or any other Credit Loan Document or any right, power or remedy of the LendersPurchaser, nor constitute a waiver of any provision of the Credit Agreement, Purchase Agreement or any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Except as to the specific waivers provided herein, this Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Purchaser whether under the Credit Purchase Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All references to the Credit Purchase Agreement shall be deemed to mean the Credit Purchase Agreement as modified amended hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Purchase Agreement or the and/or other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Purchase Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Purchase Agreement as amended by this Amendment, and each reference herein or in any other Credit Loan Document to the “Credit Purchase Agreement” shall mean and be a reference to the Credit Purchase Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended and/or waived hereby, the Credit Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Loan Document or any right, power or remedy of the LendersLender, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Lender whether under the Credit Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the and/or other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Loan Document to the “Credit Loan Agreement” or “Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended and waived hereby, the Credit Agreement and the other Credit Purchase Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Purchase Document or any right, power or remedy of the LendersAgent or Purchasers, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Purchase Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent and/or Purchasers whether under the Credit Agreement, the other Credit Purchase Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the and/or other Credit Purchase Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Purchase Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Purchase Document to the “Loan Agreement” or “Credit Agreement” or “Purchase Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Note Purchase Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Note Purchase Document or any right, power or remedy of the LendersAdministrative Agent or Noteholders thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Note Purchase Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Administrative Agent or Noteholders whether under the Credit Agreement, the other Credit Note Purchase Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Note Purchase Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Note Purchase Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Note Purchase Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Transaction Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Transaction Document or any right, power or remedy of the LendersAgent or Purchasers thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Transaction Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent or Purchasers whether under the Credit Agreement, the other Credit Transaction Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Transaction Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Transaction Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Transaction Document to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Agreement and the other Credit Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an amendment or modification of any provisions of the Credit Agreement or any other Credit Document or any right, power or remedy of the Lenders, nor constitute a waiver of any provision of the Credit Agreement, any other Credit Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders whether under the Credit Agreement, the other Credit Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties hereto. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the other Credit Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document to the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.. [Ninth Amendment to Amended and Restated Credit and Guaranty Agreement]

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Loan Document or any right, power or remedy of the Agent or Lenders, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Agent and/or Lenders whether under the Credit Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the and/or other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Loan Documents to the “Loan Agreement” or “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended hereby, the Credit Agreement and the other Credit Loan Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of any provisions of the Credit Agreement or any other Credit Loan Document or any right, power or remedy of the Agent or Lenders, nor or constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Loan Document, or any other document, instrument and/or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the date hereof or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Agent and/or Lenders whether under the Credit Agreement, the other Credit Loan Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the and/or other Credit Loan Documents, but shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Loan Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Loan Documents to the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.Loan

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Note Purchase Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Note Purchase Document or any right, power or remedy of the LendersAdministrative Agent or Noteholders thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Note Purchase Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the execution date hereof of this Amendment or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Administrative Agent or Noteholders whether under the Credit Agreement, the other Credit Note Purchase Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Note Purchase Documents, but rather shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Note Purchase Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Note Purchase Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.

Agreement in Full Force and Effect as Amended. Except as specifically amended or waived hereby, the Credit Agreement and the other Credit Documents shall remain in full force and effect and are hereby ratified and confirmed as so amended. Except as expressly set forth herein, this Amendment shall not be deemed to be an a waiver, amendment or modification of of, or consent to or departure from, any provisions of the Credit Agreement or any other Credit Document or any right, power or remedy of the LendersAgent or Lender thereunder, nor constitute a waiver of any provision of the Credit Agreement, Agreement or any other Credit Document, or any other document, instrument and/or or agreement executed or delivered in connection therewith or of any Default or Event of Default under any of the foregoing, in each case, case whether arising before or after the execution date hereof of this Amendment or as a result of performance hereunder or thereunder. This Amendment also shall not preclude the future exercise of any right, remedy, power, or privilege available to the Lenders Agent or Lender whether under the Credit Agreement, the other Credit Documents, at law or otherwise and nothing contained herein shall constitute a course of conduct or dealing among the parties heretootherwise. All references to the Credit Agreement shall be deemed to mean the Credit Agreement as modified hereby. This Amendment shall not constitute a novation or satisfaction and accord of the Credit Agreement or the any other Credit Documents, but rather shall constitute an amendment thereof. The parties hereto agree to be bound by the terms and conditions of the Credit Agreement and the Credit Documents as amended by this Amendment, as though such terms and conditions were set forth herein. Each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended by this Amendment, and each reference herein or in any other Credit Document Documents to “the “Credit Agreement” shall mean and be a reference to the Credit Agreement as amended and modified by this Amendment.