Common use of Certain Consequences Of Effectiveness Clause in Contracts

Certain Consequences Of Effectiveness. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each of the Loan Parties under the Amended Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations and are entitled to the benefit of the guarantees set forth in the Facility Guaranty and the benefits set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (b) Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms acknowledges and reaffirms, as of the date hereof, that (i) the obligations of each of the Loan Parties under the Amended Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations and are entitled to the benefit of the guarantees set forth in the Facility Guaranty and the benefits set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinOn and after the Fourth A&R Effective Date, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies obligations of the Lenders, the Administrative Agent, any Guarantor or any other party under parties to the Existing Credit Agreement or any and each other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained Document (as defined in the Existing Credit Agreement or any other Agreement, the “Existing Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (bDocuments”) Nothing herein shall be deemed to entitle governed by the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any Amended Credit Agreement and each Existing Loan Document as amended hereby; provided that the rights and obligations of the terms, conditions, obligations, covenants or agreements contained in parties to the Existing Credit Agreement or Amended and the other Existing Loan Documents with respect to the period prior to the Fourth A&R Effective Date shall continue to be governed by the provision of the Existing Credit Agreement on any future occasion. (c) By signing and Existing Loan Documents prior to giving effect to this AmendmentAmendment and the amendments contemplated hereby. Without limiting the foregoing, the Borrower hereby confirms that (i) the obligations of each Loan Party hereby confirms in favor of the Loan Secured Parties that on and as from the Fourth A&R Effective Date its liabilities and obligations under the Amended Credit Agreement form part of (but do not limit) the “Indebtedness,” “Secured Obligations,” “Secured Liabilities” and the other Loan Documents “Liabilities” (as amended herebythe case may be) constitute Obligations as defined in the Collateral Documents to which that Loan Party is a party (or any equivalent definition thereof), (ii) the Collateral Documents and are entitled to the benefit all of the guarantees Collateral does and shall continue to secure the payment of all Obligations on the terms and conditions set forth in the Facility Collateral Documents as amended hereby and (iii) each Guarantor hereby confirms and ratifies its obligations as Guarantor under the relevant Guaranty with respect to all of the Guaranteed Obligations thereunder under and as defined in the benefits Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectssuch Guaranty.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor Agent or any other party under the Existing Revolving Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Revolving Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing Except for the amendments set forth herein, nothing herein shall be deemed to entitle the Holdings, any Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Revolving Credit Agreement or Amended Credit Agreement on any future occasionother Loan document in similar or different circumstances. (c) By signing this Amendment, each of Holdings and the Borrower Company hereby confirms that (i) the obligations Obligations of each of Holdings, each of the Loan Parties Borrowers and each Guarantor under the Amended Revolving Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations and hereby are entitled to the benefit of the guarantees Guarantees set forth in the Facility Guaranty and the benefits set forth in each relevant Loan Document Documents and (ii) the Loan Documents as amended hereby are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth herein, this Amendment Supplement shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor Agent or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower Company or any Subsidiary Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasionother Loan Document in similar or different circumstances. (c) By signing this AmendmentSupplement, the Borrower Company hereby confirms that (i) confirms that the obligations of each Obligations of the Loan Parties Company and each Subsidiary Guarantor under the Amended Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations and hereby are entitled to the benefit of the guarantees Subsidiary Guaranty and the Guarantee of the Company set forth in the Facility Guaranty and the benefits set forth in each relevant Loan Document and Documents, (ii) confirms that the Loan Documents as amended hereby are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectsrespects and (iii) to the extent such Loan Party granted liens on or security interests in any of its properties pursuant to the Security Agreement or any of the other Loan Documents, ratifies and reaffirms such grant of security (and any filings with Governmental Authorities made in connection therewith) and confirms that such liens and security interests continue to secure the Obligations, including, without limitation, all additional Obligations resulting from or incurred pursuant to the Credit Agreement.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Subsidiary Guarantor or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (b) Nothing Except as expressly set forth herein, nothing herein shall be deemed to entitle the any Borrower or any Subsidiary Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the each Borrower hereby confirms acknowledges and reaffirms, as of the date hereof, that (i) the obligations of each of the Loan Parties under the Amended Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations and are entitled to the benefit of the guarantees set forth in the Facility Guaranty and the benefits set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinOn and after the Second Amendment Effective Date, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies obligations of the Lenders, the Administrative Agent, any Guarantor or any other party under parties to the Existing Credit Agreement or any and each other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained Document (as defined in the Existing Credit Agreement or any other Agreement, the “Existing Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (bDocuments”) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each of the Loan Parties under governed by the Amended Credit Agreement and each Existing Loan Document as amended hereby and contemplated hereby to be amended; provided that the rights and obligations of the parties to the Existing Credit Agreement and the other Existing Loan Documents (as amended hereby) constitute Obligations and are entitled with respect to the benefit period prior to the Second Amendment Effective Date shall continue to be governed by the provisions of the guarantees set forth in the Facility Guaranty Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Second Amendment and the benefits set forth in each amendments contemplated hereby. The Existing Credit Agreement and the other Existing Loan Document Documents, as specifically amended hereby and (ii) the Loan Documents contemplated hereby to be amended, are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects. (b) On the Second Amendment Effective Date, each Lender holding Term Loans that has executed and delivered this Second Amendment and has designated an aggregate principal amount of its Term Loans to be treated as Extended Maturity Term Loans (such amount, the “Extended Maturity Term Loan Amount”) shall have such aggregate principal amount automatically converted into an Extended Maturity Term Loan for purposes of the Amended Credit Agreement in a principal amount equal to its Extended Maturity Term Loan Amount. (c) In the event that there are no Original Maturity Term Loans outstanding on the Second Amendment Effective Date (other than Original Maturity Term Loans held by Xxxxxx) then the parties hereto agree, and instruct the Administrative Agent, that, notwithstanding anything in either the Collateral Agreement or Cash Collateral Agreement to the contrary, in the event of any realization or recovery upon the Collateral (including any Collateral held in the Cash Collateral Account), such realization or recovery shall first be distributed to the Senior Creditors for ratable application to the Obligations held by them before any distribution thereof shall be made to the other Lenders. For the avoidance of doubt, in the event that there are any Original Maturity Term Loans outstanding on the Second Amendment Effective Date (other than Original Maturity Term Loans held by Xxxxxx), the terms of this Section 4(c) shall not apply at any time. (d) Each Loan Party incorporated under the laws of the Island of Guernsey hereby irrevocably waives and abandons any right which it has or may at any time have under the existing or future laws of the Island of Guernsey pursuant to the principle of droit de discussion or otherwise to require that recourse be had to the assets of any other person before any action is taken under any Loan Document against it and further irrevocably waives and abandons any right it has or may have at any time under the existing or future laws of the Island of Guernsey pursuant to the principle of droit de division or otherwise to require that any person be made a party to any proceeding related to any Loan Document or that its liability under any Loan Document be divided or apportioned with any person or reduced in any manner whatsoever.

Certain Consequences Of Effectiveness. (a) Except On and after the Amendment No. 4 Effective Date, the rights and obligations of the parties to the Existing Credit Agreement and each other Loan Document (as defined in the Existing Credit Agreement, the “Existing Loan Documents”) shall be governed by the Amended Credit Agreement and each Existing Loan Document as amended hereby; provided that the rights and obligations of the parties to the Existing Credit Agreement and the other Existing Loan Documents with respect to the period prior to the Amendment No. 4 Effective Date shall continue to be governed by the provision of the Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Amendment and the amendments contemplated hereby. The execution, delivery and effectiveness of this Amendment shall not, except as expressly set forth provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall not by implication or otherwise limit, impair, for all purposes constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document. Without limiting the foregoing, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each Loan Party hereby confirms in favor of the Loan Secured Parties that on and as from the Amendment No. 4 Effective Date its liabilities and obligations under the Amended Credit Agreement form part of (but do not limit) the “Indebtedness,” “Secured Obligations,” “Secured Liabilities” and the other Loan Documents “Liabilities” (as amended herebythe case may be) constitute Obligations as defined in the Collateral Documents to which that Loan Party is a party (or any equivalent definition thereof), (ii) the Collateral Documents and are entitled to the benefit all of the guarantees Collateral does and shall continue to secure the payment of all Obligations on the terms and conditions set forth in the Facility Collateral Documents as amended hereby and (iii) each Guarantor hereby confirms and ratifies its obligations as Guarantor under the relevant Guaranty with respect to all of the Guaranteed Obligations thereunder under and as defined in the benefits Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectssuch Guaranty.

Certain Consequences Of Effectiveness. (a) Except On and after the Amendment No.1 Effective Date, the rights and obligations of the parties to the Existing Credit Agreement and each other Loan Document (as defined in the Existing Credit Agreement, the “Existing Loan Documents”) shall be governed by the Amended Credit Agreement and each Existing Loan Document as amended hereby; provided that the rights and obligations of the parties to the Existing Credit Agreement and the other Existing Loan Documents with respect to the period prior to the Amendment No. 1 Effective Date shall continue to be governed by the provision of the Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Amendment and the amendments contemplated hereby. The execution, delivery and effectiveness of this Amendment shall not, except as expressly set forth provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall not by implication or otherwise limit, impair, for all purposes constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document. Without limiting the foregoing, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each Loan Party hereby confirms in favor of the Loan Secured Parties that on and as from the Amendment No. 1 Effective Date its liabilities and obligations under the Amended Credit Agreement form part of (but do not limit) the “Indebtedness,” “Secured Obligations,” “Secured Liabilities” and the other Loan Documents “Liabilities” (as amended herebythe case may be) constitute Obligations as defined in the Collateral Documents to which that Loan Party is a party (or any equivalent definition thereof), (ii) the Collateral Documents and are entitled to the benefit all of the guarantees Collateral does and shall continue to secure the payment of all Obligations on the terms and conditions set forth in the Facility Collateral Documents as amended hereby and (iii) each Guarantor hereby confirms and ratifies its obligations as Guarantor under the relevant Guaranty with respect to all of the Guaranteed Obligations thereunder under and as defined in the benefits Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectssuch Guaranty.

Certain Consequences Of Effectiveness. On and after the Sixth A&R Effective Date, the rights and obligations of the parties to the Existing Credit Agreement and each other Loan Document (aas defined in the Existing Credit Agreement, the “Existing Loan Documents”) Except shall be governed by the Amended Credit Agreement and each Existing Loan Document as expressly set forth hereinamended hereby; provided that the rights and obligations of the parties to the Existing Credit Agreement and the other Existing Loan Documents with respect to the period prior to the Sixth A&R Effective Date shall continue to be governed by the provision of the Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Amendment and the amendments contemplated hereby. On and after the effectiveness of this Amendment, this Amendment shall not by implication or otherwise limit, impair, for all purposes constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document. Without limiting the foregoing, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each Loan Party hereby confirms in favor of the Loan Secured Parties that on and as from the Sixth A&R Effective Date its liabilities and obligations under the Amended Credit Agreement form part of (but do not limit) the “Indebtedness,” “Secured Obligations,” “Secured Liabilities” and the other Loan Documents “Liabilities” (as amended herebythe case may be) constitute Obligations and are entitled to the benefit of the guarantees set forth as defined in the Facility Guaranty and the benefits set forth in each Collateral Documents to which that Loan Document and Party is a party (or any equivalent definition thereof), (ii) the Collateral Documents and each other Loan Documents areDocument, as specifically amended by this Agreement, are and shall continue to be, be in full force and effect and are hereby in all respects ratified and confirmed confirmed, and the respective prior guarantees, pledges, grants of security interests and other agreements, as applicable, under each of the Collateral Documents, notwithstanding the consummation of the transactions contemplated hereby, shall continue to be in full force and effect and shall accrue to the benefit of the Secured Parties, (iii) the Collateral Documents and all respectsof the Collateral does and shall continue to secure the payment of all Obligations on the terms and conditions set forth in the Collateral Documents as amended hereby and (iv) each Guarantor hereby confirms and ratifies its obligations as Guarantor under the relevant Guaranty with respect to all of the Guaranteed Obligations thereunder under and as defined in the Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in such Guaranty.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasionother Loan document in similar or different circumstances. (c) By signing this Amendment, the Borrower and each Guarantor hereby confirms that (i) the obligations of the Borrower and each of the Loan Parties Guarantor under the Amended Credit Agreement and the other Loan Documents (as amended hereby) hereby constitute Obligations “Secured Guarantees” and are entitled to the benefit of the guarantees and the security interests set forth in the Facility Guaranty and the benefits set forth in each Loan Document and Security Documents, (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, and (iii) all Liens granted, conveyed or assigned to the Collateral Agent by such Person pursuant to each Loan Document to which it is party remain in full force and effect, are not released or reduced, and continue to secure full payment and performance of the Secured Guarantees as amended hereby.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinOn and after the Amendment Effective Date, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies obligations of the Lendersparties to the Existing Credit Agreement and each other Loan Document (as defined in the Existing Credit Agreement, the Administrative Agent“Existing Loan Documents”) shall be governed by the Amended Credit Agreement and each Existing Loan Document as amended hereby (including the Modified Guaranty and Pledge Agreement); provided that (i) the rights and obligations of the parties to the Existing Credit Agreement and the other Existing Loan Documents (other than the Existing Guaranty and Pledge Agreement and other than Section 6.10 of the Existing Credit Agreement (for which Section 6.10 of the Amended Credit Agreement will be deemed to have applied from and after March 31, any Guarantor or any other party 2014)) with respect to the period prior to the Amendment Effective Date shall continue to be governed by the provision of the Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Agreement and the amendments contemplated hereby (and all accrued interest and fees under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of continue to be payable on the terms, conditions, obligations, covenants or agreements contained in dates such amounts would be payable pursuant to the Existing Credit Agreement) and (ii) the Existing Guaranty and Pledge Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle automatically terminated on the Borrower or Amendment Effective Date and Holdings shall be automatically released from any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the obligations thereunder from and after such date. The Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each of the Loan Parties under the Amended Credit Agreement and the other Existing Loan Documents (Documents, as specifically amended hereby) constitute Obligations and are entitled to the benefit of the guarantees set forth in the Facility Guaranty and the benefits set forth in each Loan Document and (ii) the Loan Documents , are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any provision of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any . As of the termsAmendment Effective Date, conditions, obligations, covenants or agreements contained each reference in the Existing Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or Amended Credit Agreement on any future occasion. (c) By signing this Amendmentwords of like import, the Borrower hereby confirms that (i) the obligations of and each of the Loan Parties under the Amended Credit Agreement and reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder,” “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment shall constitute a Loan Document. Without limiting the foregoing, (i) each Loan Party hereby confirms in favor of the Secured Parties that on and as of the Amendment Effective Date its liabilities and obligations under the Credit Agreement (as amended hereby) constitute Obligations form part of (but do not limit) the “Indebtedness”, “Secured Obligations” and are entitled “Secured Liabilities” (as the case may be) as defined in the Security Documents to which that Loan Party is a party (or any equivalent definition thereof), (ii) the benefit Security Documents and all of the guarantees Collateral do and shall continue to secure the payment of all Obligations (including the Initial Term B-3 Loans and Initial 2017 Euro Term Loans) on the terms and conditions set forth in the Facility Guaranty Security Documents and (iii) each Guarantor hereby confirms and ratifies its obligations as Guarantor under the benefits Credit Agreement (as amended hereby) or the Subsidiary Guarantee Agreement, as applicable, with respect to all of the Obligations thereunder and as defined in the Credit Agreement (as amended hereby) and all other Loan Documents, all on the terms set forth in each such Credit Agreement or Subsidiary Guarantee Agreement, as applicable. This Amendment shall not constitute a novation of the Credit Agreement or any other Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectsDocument.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, the Collateral Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasionother Loan Document in similar or different circumstances. (c) By signing this Amendment, the Borrower and each Guarantor hereby confirms that (i) the obligations of the Borrower and each of the Loan Parties Guarantor under the Amended Credit Agreement and the other Loan Documents (as amended hereby) hereby constitute Obligations “Secured Guarantees” and are entitled to the benefit of the guarantees and the security interests set forth in the Facility Guaranty and the benefits set forth in each Loan Document and Security Documents, (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, and (iii) all Liens granted, conveyed or assigned to the Collateral Agent by such Person pursuant to each Loan Document to which it is party remain in full force and effect, are not released or reduced, and continue to secure full payment and performance of the Secured Guarantees as amended hereby.

Certain Consequences Of Effectiveness. (a) Except On and after the Amendment No.2 Effective Date, the rights and obligations of the parties to the Existing Credit Agreement and each other Loan Document (as defined in the Existing Credit Agreement, the “Existing Loan Documents”) shall be governed by the Amended Credit Agreement and each Existing Loan Document as amended hereby; provided that the rights and obligations of the parties to the Existing Credit Agreement and the other Existing Loan Documents with respect to the period prior to the Amendment No. 2 Effective Date shall continue to be governed by the provision of the Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Amendment and the amendments contemplated hereby. The execution, delivery and effectiveness of this Amendment shall not, except as expressly set forth provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall not by implication or otherwise limit, impair, for all purposes constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document. Without limiting the foregoing, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each Loan Party hereby confirms in favor of the Loan Secured Parties that on and as from the Amendment No. 2 Effective Date its liabilities and obligations under the Amended Credit Agreement form part of (but do not limit) the “Indebtedness,” “Secured Obligations,” “Secured Liabilities” and the other Loan Documents “Liabilities” (as amended herebythe case may be) constitute Obligations as defined in the Collateral Documents to which that Loan Party is a party (or any equivalent definition thereof), (ii) the Collateral Documents and are entitled to the benefit all of the guarantees Collateral does and shall continue to secure the payment of all Obligations on the terms and conditions set forth in the Facility Collateral Documents as amended hereby and (iii) each Guarantor hereby confirms and ratifies its obligations as Guarantor under the relevant Guaranty with respect to all of the Guaranteed Obligations thereunder under and as defined in the benefits Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectssuch Guaranty.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinherein and in the Exhibits attached hereto, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Bridge Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Bridge Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle Holdings, either of the Borrower Borrowers or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Bridge Credit Agreement or Amended Credit Agreement on any future occasionother Loan document in similar or different circumstances. (c) By signing this Amendment, each of Holdings and the Tranche A Borrower hereby confirms that (i) the obligations Obligations of each of Holdings, each of the Loan Parties Borrowers and each Guarantor under the Amended Bridge Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations and hereby are entitled to the benefit of the guarantees set forth in the Facility Guaranty and the benefits set forth in each relevant Loan Document Documents and (ii) the Loan Documents as amended hereby are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinOn and after the Second A&R Effective Date, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies obligations of the Lenders, the Administrative Agent, any Guarantor or any other party under parties to the Existing Credit Agreement or any and each other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained Document (as defined in the Existing Credit Agreement or any other Agreement, the “Existing Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (bDocuments”) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each of the Loan Parties under governed by the Amended Credit Agreement and the other each Existing Loan Documents (Document as amended hereby) constitute Obligations ; provided that the rights and are entitled obligations of the parties to the benefit Existing Credit Agreement and the other Existing Loan Documents with respect to the period prior to the Second A&R Effective Date shall continue to be governed by the provision of the guarantees set forth in the Facility Guaranty Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Amendment and the benefits set forth in each amendments contemplated hereby. The Existing Credit Agreement and the other Existing Loan Document and (ii) the Loan Documents Documents, as specifically amended hereby, are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects. Without limiting the foregoing, (i) the Collateral Documents and all of the Collateral does and shall continue to secure the payment of all Secured Obligations on the terms and conditions set forth in the Collateral Documents as amended hereby and (ii) each Guarantor hereby confirms and ratifies its obligations as Guarantor under the relevant Guaranty with respect to all of the Guaranteed Obligations thereunder under the Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in such Guaranty.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinOn and after the Amendment Effective Date, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies obligations of the Lenders, the Administrative Agent, any Guarantor or any other party under parties to the Existing Credit Agreement or any and each other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained Document (as defined in the Existing Credit Agreement or any other Agreement, the “Existing Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (bDocuments”) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each of the Loan Parties under governed by the Amended Credit Agreement and the other each Existing Loan Documents (Document as amended hereby) constitute Obligations ; provided that the rights and are entitled obligations of the parties to the benefit Existing Credit Agreement and the other Existing Loan Documents with respect to the period prior to the Amendment Effective Date shall continue to be governed by the provision of the guarantees set forth in the Facility Guaranty Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Amendment and the benefits set forth in each amendments contemplated hereby. The Existing Credit Agreement and the other Existing Loan Document and (ii) the Loan Documents Documents, as specifically amended hereby, are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects. Without limiting the foregoing, (i) the Collateral Documents and all of the Collateral does and shall continue to secure the payment of all Secured Obligations on the terms and conditions set forth in the Collateral Documents as amended hereby and (ii) each Guarantor hereby confirms and ratifies its continuing unconditional obligations as Guarantor under the relevant Guaranty with respect to all of the Guaranteed Obligations thereunder under the Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in such Guaranty. (b) On the Amendment Effective Date: if the aggregate Proposed Class B Term Loan Amount (using the Exchange Rate on June 16, 2009) for all Electing Term Lenders is less than or equal to the Extended Term Loan Cap, (A) each Term Lender that has executed and delivered a counterpart to this Amendment as a “Class B Dollar Term Lender” (each, a “Class B Dollar Term Lender”) and has designated on its signature page an aggregate principal amount of its Term Loan to be treated as a “Class B Dollar Term Loan” (a “Class B Dollar Term Loan”) shall have its Term Loan automatically reclassified as a Class B Dollar Term Loan for the purpose of the Amended Credit Agreement in an aggregate principal amount equal to its Proposed Class B Term Loan Amount; (B) each Term Lender that has executed and delivered a counterpart to this Amendment as a “Class B Euro Term Lender” (each, a “Class B Euro Term Lender”) and has designated on its signature page an aggregate principal amount of its Term Loan to be treated as a “Class B Euro Term Loan” (a “Class B Euro Term Loan”) shall have its Term Loan automatically reclassified as a Class B Euro Term Loan for the purpose of the Amended Credit Agreement in an aggregate principal amount equal to its Proposed Class B Term Loan Amount; (C) all Dollar Term Loans (as defined in the Existing Credit Agreement) that are not so reclassified as a Class B Dollar Term Loan shall automatically be reclassified as “Class A Dollar Term Loans” (each, a “Class A Dollar Term Loan”) for the purpose of the Amended Credit Agreement, and all Term Lenders who hold Class A Dollar Term Loans shall automatically be deemed “Class A Dollar Term Lenders” (each, a “Class A Dollar Term Lender”); and (D) all Euro Term Loans (as defined in the Existing Credit Agreement) that are not so reclassified as a Class B Euro Term Loan shall automatically be reclassified as “Class A Euro Term Loans” (each, a “Class A Euro Term Loan”) for the purpose of the Amended Credit Agreement, and all Term Lenders who hold Class A Euro Term Loans shall automatically be deemed “Class A Euro Term Lenders” (each, a “Class A Euro Term Lender”) provided that if the aggregate Proposed Class B Term Loan Amount for all Electing Term Lenders (using the Exchange Rate on June 16, 2009) is greater than the Extended Term Loan Cap, such amount of Class B Term Loans will be allocated to the Electing Term Lenders in accordance with Section 4(b) hereof.

Certain Consequences Of Effectiveness. On and after the Amendment No. 1 Effective Date, the rights and obligations of the parties to the Existing Credit Agreement and each other Loan Document (aas defined in the Existing Credit Agreement, the “Existing Loan Documents”) Except shall be governed by the Amended Credit Agreement and each Existing Loan Document as expressly set forth hereinamended hereby; provided that the rights and obligations of the parties to the Existing Credit Agreement and the other Existing Loan Documents with respect to the period prior to the Amendment No. 1 Effective Date shall continue to be governed by the provision of the Existing Credit Agreement and Existing Loan Documents prior to giving effect to this Amendment and the amendments contemplated hereby. On and after the effectiveness of this Amendment, this Amendment shall not by implication or otherwise limit, impair, for all purposes constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor or any other party under the Existing Credit Agreement or any other Loan Document. Without limiting the foregoing, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasion. (c) By signing this Amendment, the Borrower hereby confirms that (i) the obligations of each Loan Party hereby confirms in favor of the Loan Secured Parties that on and as from the Amendment No. 1 Effective Date its liabilities and obligations under the Amended Credit Agreement form part of (but do not limit) the “Indebtedness,” “Secured Obligations,” “Secured Liabilities” and the other Loan Documents “Liabilities” (as amended herebythe case may be) constitute Obligations and are entitled to the benefit of the guarantees set forth as defined in the Facility Guaranty and the benefits set forth in each Collateral Documents to which that Loan Document and Party is a party (or any equivalent definition thereof), (ii) the Collateral Documents and each other Loan Documents areDocument, as specifically amended by this Agreement, are and shall continue to be, be in full force and effect and are hereby in all respects ratified and confirmed confirmed, and the respective prior guarantees, pledges, grants of security interests and other agreements, as applicable, under each of the Collateral Documents, notwithstanding the consummation of the transactions contemplated hereby, shall continue to be in full force and effect and shall accrue to the benefit of the Secured Parties, (iii) the Collateral Documents and all respectsof the Collateral does and shall continue to secure the payment of all Obligations on the terms and conditions set forth in the Collateral Documents as amended hereby and (iv) each Guarantor hereby confirms and ratifies its obligations as Guarantor under the relevant Guaranty with respect to all of the Guaranteed Obligations thereunder under and as defined in the Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in such Guaranty.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinherein and in the Amended and Restated Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, any Guarantor Agent or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended and Restated Credit Agreement or Amended Credit Agreement on any future occasionother Loan Document in similar or different circumstances. (c) By signing On and after the Amendment Effective Date, each reference in the Existing Credit Agreement or Amended and Restated Credit Agreement to “this AmendmentAgreement”, “herein”, “hereunder”, “hereto”, “hereof” and words of similar import shall, unless the Borrower hereby confirms that (i) context otherwise requires, refer to the obligations of Amended and Restated Credit Agreement, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed to be a reference to the Amended and Restated Credit Agreement. This Amendment Agreement shall constitute a Loan Document for all purposes of the Loan Parties under the Amended Existing Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations Amended and are entitled to the benefit of the guarantees set forth in the Facility Guaranty and the benefits set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectsRestated Credit Agreement.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinherein and in the Amended and Restated Credit Agreement, the Amended and Restated Security Agreement or the Amended and Restated Pledge Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, Lenders or the Administrative Agent, any Guarantor Agent or any other party under the Existing Credit Agreement, Existing Security Agreement, Existing Pledge Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, Existing Security Agreement, Existing Pledge Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower or any Guarantor Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended and Restated Credit Agreement or Amended Credit Agreement on any future occasionother Loan Document in similar or different circumstances. (c) By signing this AmendmentOn and after the Amendment Effective Date, the Borrower hereby confirms that each reference in (i) the obligations Existing Credit Agreement or Amended and Restated Credit Agreement to “this Agreement”, “herein”, “hereunder”, “hereto”, “hereof” and words of similar import shall, unless the context otherwise requires, refer to the Amended and Restated Credit Agreement, and each reference to the Existing Credit Agreement in any other Loan Document shall be deemed to be a reference to the Amended and Restated Credit Agreement; (ii) the Existing Security Agreement or Amended and Restated Security Agreement to “this Agreement”, “herein”, “hereunder”, “hereto”, “hereof” and words of similar import shall, unless the context otherwise requires, refer to the Amended and Restated Security Agreement, and each reference to the Existing Security Agreement in any other Loan Document shall be deemed to be a reference to the Amended and Restated Security Agreement; and (iii) the Existing Pledge Agreement or Amended and Restated Pledge Agreement to “this Agreement”, “herein”, “hereunder”, “hereto”, “hereof” and words of similar import shall, unless the context otherwise requires, refer to the Amended and Restated Pledge Agreement, and each reference to the Existing Pledge Agreement in any other Loan Document shall be deemed to be a reference to the Amended and Restated Pledge Agreement.. This Amendment Agreement shall constitute a Loan Document for all purposes of the Loan Parties under the Amended Existing Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations Amended and are entitled to the benefit of the guarantees set forth in the Facility Guaranty and the benefits set forth in each Loan Document and (ii) the Loan Documents are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectsRestated Credit Agreement.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinherein and in Annex I and Annex II attached hereto, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor Agent or any other party under the Existing Revolving Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Revolving Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Holdings, any Borrower or any Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Revolving Credit Agreement or Amended Credit Agreement on any future occasionother Loan document in similar or different circumstances. (c) By signing this Amendment, each of Holdings and the Borrower Company hereby confirms that (i) the obligations Obligations of each of Holdings, each of the Loan Parties Borrowers and each Guarantor under the Amended Revolving Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations and hereby are entitled to the benefit of the guarantees Guarantees set forth in the Facility Guaranty and the benefits set forth in each relevant Loan Document Documents and (ii) the Loan Documents as amended hereby are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects. (d) Is its understood and agreed that (i) from and after the First Amendment Closing Date, neither of the UK Entities (as defined in the Amended Revolving Credit Agreement attached as Annex I hereto) (or any of their Subsidiaries) shall be considered a Material Subsidiary for purposes of the Amended Revolving Credit Agreement or any other Loan Document and (ii) for purposes of determining Immaterial Subsidiaries (as defined in the Amended Revolving Credit Agreement attached as Annex I hereto), the audited financial statements of Holdings referred to in clause (a) and (b) of the definition of Immaterial Subsidiaries shall be the audited financial statements of Holdings for the fiscal year ending December 31, 2020 until the date that the audited financial statements of Holdings for the fiscal year ending December 31, 2021 are delivered pursuant to Section 5.1(a) of the Amended Revolving Credit Agreement.

Certain Consequences Of Effectiveness. (a) Except as expressly set forth hereinherein and in Annex I attached hereto, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of the Lenders, the Administrative Agent, any Guarantor Agent or any other party under the Existing Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (b) Nothing herein shall be deemed to entitle the Borrower Company or any Subsidiary Guarantor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or Amended Credit Agreement on any future occasionother Loan Document in similar or different circumstances. (c) By signing this Amendment, each of the Borrower Company and each Subsidiary Guarantor hereby confirms that (i) confirms that the obligations of each Obligations of the Loan Parties Company and each Subsidiary Guarantor under the Amended Credit Agreement and the other Loan Documents (as amended hereby) constitute Obligations and hereby are entitled to the benefit of the guarantees Subsidiary Guaranty and the Guarantee of the Company set forth in the Facility Guaranty and the benefits set forth in each relevant Loan Document and Documents, (ii) confirms that the Loan Documents as amended hereby are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respectsrespects and (iii) to the extent such Loan Party granted liens on or security interests in any of its properties pursuant to the Security Agreement or any of the other Loan Documents, ratifies and reaffirms such grant of security (and any filings with Governmental Authorities made in connection therewith) and confirms that such liens and security interests continue to secure the Obligations, including, without limitation, all additional Obligations resulting from or incurred pursuant to the Credit Agreement.