Common use of Amendment No. 3 Effective Date Clause in Contracts

Amendment No. 3 Effective Date. This Amendment No. 3 shall become effective as of the date on which each of the following conditions has been satisfied, as determined by Administrative Agent in its sole discretion: (a) this Amendment No. 3 shall have been duly executed by each party hereto; (b) the Administrative Agent shall have received a copy of Term Loan Credit Agreement, dated of even date herewith, duly executed by Pathlight Capital LLC, as the Term Loan Agent, the requisite lenders parties thereto, Borrowers and Guarantors; and the other Term Loan Documents, each in form and substance satisfactory to the Agent; (c) the Administrative Agent shall have received evidence that (i) the “Existing Liabilities” (as such quoted term is defined in the Term Loan Credit Agreement (as such term is defined in Exhibit A hereto)) have been repaid in full with the proceeds of the Term Loans (as such term is defined in Exhibit A hereto) under the Term Loan Credit Agreement and the “Existing Term Loan Credit Agreement” and that the documents related thereto shall have been terminated, and (ii) all liens (including “Existing Liens” as such quoted term is defined in the Term Loan Credit Agreement) have been terminated; (d) the Administrative Agent shall have received a copy of the Term Loan Intercreditor Agreement, in form and substance satisfactory to the Administrative Agent, duly executed by Administrative Agent, Term Loan Agent, Borrowers and Guarantors; (e) the receipt by Administrative Agent of (i) the Fee Letter referred to in Exhibit A to Amendment No. 3, executed and delivered by Borrowers and Agent, in form and substance satisfactory to the Agent, and (ii) the fees referred to in the Fee Letter which are due and payable on the date hereof; and (f) the receipt by Administrative Agent of such certificates of resolutions or other action, incumbency certificates and/or other certificates of responsible officers of each Loan Party as the Administrative Agent may reasonably require evidencing (i) the authority of each Loan Party to enter into this Amendment No. 3 and the other Loan Documents to which such Loan Party is a party or is to become a party and (ii) the identity, authority and capacity of each responsible officer thereof authorized to act as a responsible officer in connection with this Amendment No. 3 and the other Loan Documents to which such Loan Party is a party or is to become a party.

Amendment No. 3 Effective Date. This The amendments pursuant to Section 2.01 above shall become effective on the first date (the “Amendment No. 3 shall become effective as of the date Effective Date”) on which each of the following conditions has shall have been satisfied: i. Each Credit Party, as determined the Administrative Agent, and each of the Lenders and Issuing Banks shall have executed and delivered a counterpart of this Amendment (by electronic transmission or otherwise) to the Administrative Agent. ii. The Administrative Agent in its sole discretion: (a) this shall have received a certificate from each Credit Party, dated as of the Amendment No. 3 Effective Date, signed by the Secretary or Assistant Secretary of such Credit Party, and attested to by a Responsible Officer of such Credit Party substantially in the form of Exhibit E to the Amended Credit Agreement (together with (A) applicable attachments (including the resolutions of the governing body of such Credit Party referred to in such certificate) or (B) certifications that there have been no changes to the applicable attachments (other than the resolutions) to the certificates previously delivered on the Closing Date), and in each case, shall be in customary form. iii. The Administrative Agent shall have been duly executed by received good standing certificates (or equivalent evidence) and bring-down letters or facsimilies, if any, for the Credit Parties from their respective jurisdictions of organization. iv. The Administrative Agent shall have received from each party hereto;of DLA Piper LLP (US), special New York counsel to the Credit Parties, and Gxxxxx Rxxx Xxxxxx Xxxxxxxxxx, LLP, special Indiana and Pennsylvania counsel to the Credit Parties, a customary opinion addressed to the Administrative Agent, the Lenders and the Issuing Banks. (b) v. The representations and warranties contained in Article III hereof shall be true and correct on and as of the Amendment No. 3 Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct on and as of such earlier date, in each case subject to the qualifications set forth therein. vi. On the Amendment No. 3 Effective Date, the Administrative Agent shall have received a copy solvency certificate, certifying as of Term Loan Credit Agreementthe Amendment No. 3 Effective Date, dated solvency of even date herewith, duly executed by Pathlight Capital LLC, as the Term Loan Agent, the requisite lenders parties thereto, Borrowers Lead Borrower and Guarantors; its Subsidiaries on a consolidated basis after giving effect to this Amendment and the other Term Loan Documentstransactions to be consummated on the Amendment No. 3 Effective Date, each from the chief financial officer (or another officer with equivalent duties) of the Lead Borrower, substantially in the form and substance satisfactory of Exhibit I to the Agent;Amended Credit Agreement. (c) the Administrative Agent shall have received evidence that (i) Credit Parties shall have provided or caused to be provided the documentation and other information to the Lenders that are reasonably required by United States regulatory authorities under applicable “Existing Liabilities” (as such quoted term is defined in the Term Loan Credit Agreement (as such term is defined in Exhibit A hereto)) have been repaid in full with the proceeds of the Term Loans (as such term is defined in Exhibit A hereto) under the Term Loan Credit Agreement and the “Existing Term Loan Credit Agreementknow your customer” and that anti-money laundering rules and regulations, including, without limitation, the documents related thereto shall have been terminatedPatriot Act, in each case, at least two Business Days prior to the Amendment No. 3 Effective Date, and (ii) all liens if any Credit Party qualifies as a “legal entity customer” under 31 C.F.R. § 1010.230 (including the “Existing Liens” as such quoted term is defined in the Term Loan Credit Agreement) have been terminated; (d) Beneficial Ownership Regulation”), the Administrative Agent and each Lender that has requested a certification regarding beneficial ownership (a “Beneficial Ownership Certification”) shall have received a copy of received, at least two Business Days prior to the Term Loan Intercreditor AgreementAmendment No. 3 Effective Date, such Beneficial Ownership Certification, consistent with the LSTA form beneficial ownership certification, in form relation to each Credit Party, in each case of clauses (g)(i) and substance satisfactory (g)(ii) to the extent that the Lenders have reasonably requested in writing delivered to the Credit Parties at least ten Business Days prior to the Amendment No. 3 Effective Date. viii. The Borrowers shall have paid to the Administrative Agent, duly executed by Administrative Agent, Term Loan Agent, Borrowers and Guarantors; (e) the receipt by Administrative Agent of (i) for the Fee Letter referred ratable benefit of each of the Lenders, a consent fee equal to in Exhibit A 0.25% of the aggregate principal amount of their Revolving Commitments immediately prior to the Amendment No. 3, executed and delivered by Borrowers and Agent, in form and substance satisfactory to the Agent, 3 Effective Date and (ii) all costs and expenses (including, without limitation, legal fees and expenses) to the fees referred extent invoiced at least two Business Days prior to in the Fee Letter which are due and payable on the date hereof; and of this Amendment (f) it being understood and agreed that if any such invoice is not received at least two Business Days prior to the receipt by Administrative Agent date of this Amendment, such certificates of resolutions or other action, incumbency certificates and/or other certificates of responsible officers of each Loan Party as costs and expenses will be reimbursed after the Administrative Agent may reasonably require evidencing (i) the authority of each Loan Party to enter into this Amendment No. 3 and Effective Date in accordance with Section 13.01 of the other Loan Documents to which such Loan Party is a party or is to become a party and (ii) the identity, authority and capacity of each responsible officer thereof authorized to act as a responsible officer in connection with this Amendment No. 3 and the other Loan Documents to which such Loan Party is a party or is to become a partyCredit Agreement).

Amendment No. 3 Effective Date. This Refinancing Amendment No. 3 shall become effective as of the first date (the “Amendment No. 3 Effective Date”) on which each of the following conditions has shall have been satisfied, as determined by Administrative Agent in its sole discretion: (a) The Administrative Agent shall have received (i) a counterpart signature page of this Refinancing Amendment duly executed by each Loan Party and the Administrative Agent, (ii) a counterpart signature page of this Refinancing Amendment duly executed by each New Term Lender and (iii) a counterpart signature page to this Refinancing Amendment executed and delivered by each Revolving Lender and each Issuing Bank. (b) The representations and warranties set forth in Sections 4(b) and (c) of this Refinancing Amendment shall be true and correct in all respects on and as of the Amendment No. 3 shall have been duly executed by each party hereto; (b) Effective Date, and the Administrative Agent shall have received a copy of Term Loan Credit Agreement, dated of even date herewith, duly executed by Pathlight Capital LLC, as the Term Loan Agent, the requisite lenders parties thereto, Borrowers and Guarantors; and the other Term Loan Documents, each certificate (in form and substance satisfactory reasonably acceptable to the Administrative Agent;), dated as of the Amendment No. 3 Effective Date and signed by a Responsible Officer of the Borrower, certifying as to such representations and warranties. (c) the The Administrative Agent shall have received evidence that (i) the “Existing Liabilities” (as favorable legal opinion of Xxxxxx, Xxxx & Xxxxxxxx LLP, counsel to the Loan Parties, addressed to the Lenders, the Administrative Agent, the Collateral Agent and each Issuing Bank and dated the Amendment No. 3 Effective Date, which opinions shall be in form and substance reasonably satisfactory to the Administrative Agent. The Borrower hereby requests such quoted term is defined in the Term Loan Credit Agreement (as counsel to deliver such term is defined in Exhibit A hereto)) have been repaid in full with the proceeds of the Term Loans (as such term is defined in Exhibit A hereto) under the Term Loan Credit Agreement and the “Existing Term Loan Credit Agreement” and that the documents related thereto shall have been terminated, and (ii) all liens (including “Existing Liens” as such quoted term is defined in the Term Loan Credit Agreement) have been terminated;opinion. (d) the The Administrative Agent shall have received (i) a copy Committed Loan Notice in respect of the New Term Loan Intercreditor Loans, which shall be in compliance with the notice requirements set forth in Section 2.02(1) of the Amended Credit Agreement and (ii) a prepayment notice in respect of the Existing Term Loans and the Existing Revolving Loans (if any), which shall be in compliance with the notice requirements set forth in Section 2.05(2)(g) and Section 2.05(1)(a), as applicable, of the Credit Agreement, in form and substance satisfactory to the Administrative Agent, duly executed by Administrative Agent, Term Loan Agent, Borrowers and Guarantors;. (e) the receipt by The Administrative Agent shall have received short form bring down good standing from the secretary of (i) state of the Fee Letter referred to in Exhibit A to Amendment No. 3, executed and delivered by Borrowers and Agent, in form and substance satisfactory to the Agent, and (ii) the fees referred to in the Fee Letter which are due and payable on the date hereof; and (f) the receipt by Administrative Agent state of such certificates of resolutions or other action, incumbency certificates and/or other certificates of responsible officers organization of each Loan Party as (to the Administrative Agent may reasonably require evidencing (i) the authority extent such concept exists in such jurisdiction), incumbency certificates or other certificates of Responsible Officers of each Loan Party to enter into this Amendment No. 3 certifying that the applicable Organizational Documents most recently delivered and the other Loan Documents to which such Loan Party is a party resolutions delivered as of the Closing Date remain in full force and effect and have not been amended, modified, revoked or is to become a party rescinded and (ii) evidencing the identity, authority and capacity of each responsible officer Responsible Officer thereof authorized to act as a responsible officer Responsible Officer in connection with this Refinancing Amendment. (f) The Borrower shall have paid all fees and other amounts due and payable pursuant to this Refinancing Amendment and/or any letter agreements or fee letters by and between Holdings, the Borrower and the Lead Arranger (collectively, the “Engagement Letter”), including, to the extent invoiced, reimbursement or payment of documented and reasonable out-of-pocket expenses in connection with this Refinancing Amendment and any other out-of-pocket expenses of the Administrative Agent and the Lead Arranger required to be paid or reimbursed pursuant to the Credit Agreement or the Engagement Letter; provided that it is understood and agreed that the New Term Lenders may net the fees and expenses described in this paragraph (f) from the proceeds of the New Term Loans, as applicable, prior to providing such proceeds to the Administrative Agent for distribution to the Borrower. (g) The prepayment of (i) the Existing Term Loans of the Existing Term Lenders and (ii) the Existing Revolving Loans (if any) of the Existing Revolving Lenders, in each case, shall have been consummated or, substantially concurrently with the incurrence (or continuation, as applicable) of the New Term Loans and New Revolving Loans (if any), shall be consummated. (h) The Administrative Agent shall have received for each Mortgaged Property, a completed “life of the loan” Federal Emergency Management Agency Standard Flood Hazard Determination and for any Mortgaged Property with a building in a special flood hazard area, an acknowledgment by the applicable Loan Party, and evidence of flood insurance in minimum amounts as required by law, as may be required pursuant to the Flood Insurance Laws or by the Administrative Agent and, in each case, reasonably satisfactory to the Administrative Agent. (i) The Administrative Agent shall have received, at least three (3) Business Days prior to the Amendment No. 3 Effective Date, a certification regarding beneficial ownership as required by 31 C.F.R. § 1010.230 (the “Beneficial Ownership Regulation”) in relation to the Borrower if it qualifies as a “legal entity customer” under the Beneficial Ownership Regulation and is not subject to any exemption thereunder, to the other Loan Documents extent requested in writing not less than ten (10) Business Days prior to which such Loan Party is a party or is to become a party.the Amendment No. 3

Amendment No. 3 Effective Date. This Amendment shall become effective on the date when the following conditions are met (the “Amendment No. 3 shall become effective as of the date on which each of the following conditions has been satisfied, as determined by Administrative Agent in its sole discretion:Effective Date”): (a) the Agent shall have received a counterpart signature page of this Amendment No. 3 shall have been duly executed by each party heretoof the Borrowers, the Agent, the Revolving Commitment Increase Lenders, the Swing Line Lenders and the L/C Issuers; (b) (i) no Event of Default shall exist on the Administrative Amendment No. 3 Effective Date, (ii) the Parent and its Restricted Subsidiaries shall be in Pro Forma Compliance with Section 7.09 of the Credit Agreement for the most recently ended Test Period for which financial statements have been delivered pursuant to Section 6.01(a) or Section 6.01(b) of the Credit Agreement (and which, for the avoidance of doubt, shall be calculated assuming the Revolving Commitment Increases are fully drawn), (iii) after giving effect to the Revolving Commitment Increases hereunder, the aggregate amount of the Incremental Term Loans and Revolving Commitment Increases (other than, for the avoidance of doubt, those established in respect of Extended Term Loans or Extended Revolving Credit Commitments pursuant to Section 2.16 of the Credit Agreement) shall not exceed the Maximum Incremental Facilities Amount, (iv) the other conditions set forth in Sections 2.14 and 4.02 of the Credit Agreement shall be satisfied, (v) the representations and warranties set forth in Section 5 shall be true and correct on and as of the Amendment No. 3 Effective Date and (vi) the Agent shall have received a copy of Term Loan Credit Agreement, dated of even date herewith, duly executed by Pathlight Capital LLC, as the Term Loan Agent, the requisite lenders parties thereto, Borrowers and Guarantors; and the other Term Loan Documents, each certificate (in form and substance satisfactory reasonably acceptable to the Agent), dated as of the Amendment No. 3 Effective Date and signed by a Responsible Officer of the Borrowers, certifying as to compliance with clauses (b)(i) — (v) hereof; (c) the Administrative Agent shall have received evidence that the favorable legal opinion of (i) Xxxxx Xxxx & Xxxxxxxx LLP, counsel to the “Existing Liabilities” (as such quoted term is defined in the Term Loan Credit Agreement (as such term is defined in Exhibit A hereto)) have been repaid in full with the proceeds of the Term Loans (as such term is defined in Exhibit A hereto) under the Term Loan Credit Agreement and the “Existing Term Loan Credit Agreement” and that the documents related thereto shall have been terminated, Parties and (ii) all liens (including “Existing Liens” as such quoted term is defined in Xxxxx Xxxx LLP, counsel to the Term Loan Credit Agreement) have been terminatedParties; (d) the Administrative Agent shall have received a copy such documents and certificates as the Agent or its counsel may reasonably request relating to the organization, existence and good standing of each Loan Party, the authorization of execution, delivery and performance of this Amendment, the performance of the Term Credit Agreement and each other applicable Loan Intercreditor AgreementDocument and any other legal matters relating to the Loan Documents, all in form and substance reasonably satisfactory to the Administrative Agent, duly executed by Administrative Agent, Term Loan Agent, Borrowers Agent and Guarantorsits counsel; (e) the receipt by Administrative Agent shall have received a completed notice of (i) prepayment with respect to the Fee Letter referred Revolving Credit Loans to in Exhibit A be prepaid on or prior to the Amendment No. 3, executed and delivered by Borrowers and Agent, in form and substance satisfactory to the Agent, and (ii) the fees referred to in the Fee Letter which are due and payable on the date hereof3 Effective Date; and (f) The Borrowers shall have paid all fees and amounts due and payable pursuant to this Amendment, including, to the receipt by Administrative Agent extent invoiced, reimbursement or payment of such certificates of resolutions or other action, incumbency certificates and/or other certificates of responsible officers of each Loan Party as the Administrative Agent may reasonably require evidencing (i) the authority of each Loan Party to enter into this Amendment No. 3 documented and the other Loan Documents to which such Loan Party is a party or is to become a party and (ii) the identity, authority and capacity of each responsible officer thereof authorized to act as a responsible officer reasonable out-of-pocket expenses in connection with this Amendment No. 3 and any other out-of-pocket expenses of the other Loan Documents Agent required to which such Loan Party is a party be paid or is reimbursed pursuant to become a partythe Credit Agreement.

Amendment No. 3 Effective Date. This The effectiveness of this Amendment, the obligation of each Amendment No. 3 Term Lender to fund its Amendment No. 3 First Funding Term Loans and the obligation of each Amendment No. 3 Rollover Lender to extend its Amendment No. 3 Rollover Loans hereunder shall become effective as of be subject to the date on which each satisfaction (or waiver) of the following conditions has been satisfiedprecedent (the date of which this Amendment becomes effective, as determined by Administrative Agent in its sole discretion:the “Amendment No. 3 Effective Date”): (a) the Lenders party hereto (or their counsel) shall have received (i) a counterpart signature page of this Amendment duly executed by the Borrower, each other Credit Party, the Administrative Agent, the Collateral Agent, the Amendment No. 3 shall have been duly Term Lenders, the Amendment No. 3 Rollover Lenders and the Requisite Lenders (determined immediately prior to giving effect to this Amendment) (in each case, including by way of facsimile or other electronic transmission) and (ii) to the extent requested by any Amendment No. 3 Term Lender at least two Business Days prior to the Amendment No. 3 Effective Date, a Note executed by each party heretothe Borrower in favor of such Amendment No. 3 Term Lender; (b) the Lenders party hereto shall have received such customary documents and certificates in connection with the effectiveness of this Agreement as the Administrative Agent may reasonably request relating to the organization, existence and good standing of each Credit Party and the authorization of the Amendment No. 3 Effective Date Transactions, all in form and substance reasonably satisfactory to the Administrative Agent; (c) the Lenders party hereto shall have received a fully completed and duly executed Funding Notice from the Borrower with respect to the Amendment No. 3 First Funding Term Loans; (d) on the Amendment No. 3 Effective Date, the representations and warranties of each Credit Party set forth in the Credit Documents shall be true and correct (i) in the case of the representations and warranties qualified or modified as to materiality in the text thereof, in all respects and (ii) otherwise, in all material respects, in each case on and as of such date, except in the case of any such representation and warranty that expressly relates to an earlier date, in which case such representation and warranty shall be so true and correct on and as of such earlier date; (e) no Default or Event of Default exists (other than the Waived Default) or has occurred and is continuing on and as of the Amendment No. 3 Effective Date or, after giving effect hereto, would result from Amendment No. 3 Effective Date Transactions; (f) the Lenders party hereto shall have received a customary written opinion (addressed to the Administrative Agent, the Collateral Agent and the Lenders and dated the Amendment No. 3 Effective Date) of Kxxxxxxx & Exxxx LLP, special counsel for the Credit Parties, (and each Credit Party hereby instructs such counsel to deliver such opinion to the Administrative Agent); (g) the Borrower shall have paid to Citibank, N.A. (or any of its affiliates), the Administrative Agent, the Collateral Agent and the Lenders, Lxxxxx & Wxxxxxx, as counsel to the Administrative Agent and Collateral Agent, Hxxxxxxx Lxxxx, Accordion Partners, and Pxxx, Wxxxx, Rifkind, Wxxxxxx & Gxxxxxxx, as counsel to the Backstop Lenders, all fees and expenses (including legal fees and expenses, title premiums, survey charges and recording taxes and fees) in connection with the Amendment No. 3 Effective Date Transactions and other amounts due and payable on or prior to the Amendment No. 3 Effective Date pursuant to the Credit Documents; (h) [Reserved]; (i) the Administrative Agent and Lenders party hereto shall have received a certificate, dated the Amendment No. 3 Effective Date and signed by an Authorized Officer of the Borrower, attesting to the compliance with clauses (d) and (e) hereof; (j) the Administrative Agent shall have received a copy of Term Loan Credit Agreement, dated of even date herewith, duly executed by Pathlight Capital LLC, as letter of direction from the Term Loan Agent, Borrower addressed to the requisite lenders parties thereto, Borrowers and Guarantors; Administrative Agent and the other Amendment No. 3 Term Loan DocumentsLenders, each in form and substance satisfactory directing the disbursement on the Amendment No. 3 Effective Date of the proceeds of the Amendment No. 3 First Funding Term Loans to the Agentbe made on such date; (ck) prior to the Administrative Agent Amendment No. 3 Effective Date, the Lenders party hereto shall have received evidence that all documentation and other information in respect of the Credit Parties required under applicable “know-your-customer” and anti-money laundering rules and regulations, including the requirements of the USA PATRIOT Act, Title III of Pub. L. 107-56 (signed into law October 26, 2001) (the “PATRIOT Act”) and the requirements of 31 C.F.R. § 1010.230 (the “Beneficial Ownership Regulation”); (l) Cxxx Xxxxxx of Axxxxxx & Mxxxxx shall have been retained as Chief Restructuring Officer of the Borrower upon terms reasonably acceptable to the Backstop Lenders, including (i) the “Existing Liabilities” (as such quoted term is defined in Chief Restructuring Officer reporting directly and exclusively to the Term Loan Credit Agreement (as such term is defined in Exhibit A hereto)) have been repaid in full with the proceeds of the Term Loans (as such term is defined in Exhibit A hereto) under the Term Loan Credit Agreement and the “Existing Term Loan Credit Agreement” and that the documents related thereto shall have been terminated, Restructuring Committee and (ii) the Chief Restructuring Officer having full authority over all liens (including “Existing Liens” as such quoted term is defined in the Term Loan Credit Agreement) have been terminatedbudgeting and disbursements; (dm) Hxxxxxxx Lxxxx and Accordion Partners shall have been retained as advisors to the Administrative Agent Lenders upon terms reasonably acceptable to the Backstop Lenders and the Borrower; (n) The Lenders party hereto shall have received a copy consent from the lenders under the ABL Credit Agreement, which shall include, among other things, consent to the making of and the full quantum of the Incremental Term Loan Intercreditor AgreementFacility, in form and substance satisfactory reasonably acceptable to the Administrative Agent, duly executed by Administrative Agent, Term Loan Agent, Borrowers Backstop Lenders and Guarantorsthe Borrower; (eo) An independent member of the receipt by Administrative Agent board of Pubco (and the Borrower, if applicable) reasonably acceptable to the Backstop Lenders shall have been appointed to serve on the Restructuring Committee, and related governance arrangements shall have been made, in each case upon terms acceptable to the Backstop Lenders; (p) The restructuring committee of the board of Pubco (and the Borrower, if applicable) shall have been reconstituted on terms acceptable to the Backstop Lenders, with the members consisting of (i) the Fee Letter referred Axxx Xxxx, Jxxx Xxxxxxxxxxx and Exxxxxx Xxxxxxxx; (q) The fees payable pursuant to in Exhibit A to Section 8 of this Amendment No. 3, executed and delivered by Borrowers and Agent, in form and substance satisfactory to the Agent, and (ii) the fees referred to in the Fee Letter which are due and payable on the date hereofshall have been paid or reserved for as provided therein; and (fr) The Rollover Transactions shall be consummated substantially concurrently with the receipt by Administrative Agent effectiveness of such certificates this Amendment. Notwithstanding the foregoing, the effectiveness of resolutions Sections 9 and 18 of the Amendment shall only be subject to the satisfaction (or other action, incumbency certificates and/or other certificates waiver) of responsible officers the condition precedent set forth in clause (a)(i) of each Loan Party as the Administrative Agent may reasonably require evidencing (i) the authority of each Loan Party to enter into this Amendment No. 3 and the other Loan Documents to which such Loan Party is a party or is to become a party and (ii) the identity, authority and capacity of each responsible officer thereof authorized to act as a responsible officer in connection with this Amendment No. 3 and the other Loan Documents to which such Loan Party is a party or is to become a partySection 7.