Common use of Confirmation of Indebtedness and Release Clause in Contracts

Confirmation of Indebtedness and Release. Each Note Party, by its signature below, hereby acknowledges, confirms and agrees that all of the Obligations (whether representing outstanding principal, accrued and unpaid interest, accrued and unpaid fees or any other Obligations of any kind or nature) currently owing by the Issuer under the Note Purchase Agreement and the other Note Documents, as reflected in the books and records of Agent and Purchasers as of the date hereof, are unconditionally owing from and payable by the Issuer, and that the Issuer is indebted to Agent and Purchasers with respect thereto, all without any set-off, deduction, counterclaim or defense. Each Note Party, by its signature below, hereby acknowledges and agrees that it has no actual or potential claim or cause of action against Agent or any Purchaser relating to this Amendment (or any document, agreement or instrument relating hereto), the Note Purchase Agreement or any other Note Document and/or the Obligations arising thereunder or related thereto, in any such case arising on or before the date hereof. As further consideration for the amendments set forth herein, each Note Party, by its signature below, hereby waives and releases and forever discharges Agent and Purchasers, and the officers, directors, attorneys, agents and employees of each, from any liability, damage, claim, loss or expense of any kind originating in whole or in part known to any of the Note Parties on or before the date of this Amendment that any Note Party may now have against Agent or Purchasers or any of them arising out of or relating to the Obligations, this Amendment, the Note Purchase Agreement or the other Note Documents.

Confirmation of Indebtedness and Release. Each Note Party, by its signature below, hereby acknowledges, confirms and agrees that all of the Obligations (whether representing outstanding principal, accrued and unpaid interest, accrued and unpaid fees or any other Obligations of any kind or nature) currently owing by the Issuer under the Note Purchase Agreement and the other Note Documents, as reflected in the books and records of Agent and Purchasers as of the date hereof, are unconditionally owing from and payable by the Issuer, and that the Issuer is indebted to Agent and Purchasers with respect thereto, all without any set-off, deduction, counterclaim or defense. Each Note Party, by its signature below, hereby acknowledges and agrees that it has no actual or potential claim or cause of action against Agent or any Purchaser relating to this Amendment (or any document, agreement or instrument relating hereto), the Note Purchase Agreement or any other Note Document and/or the Obligations arising thereunder or related thereto, in any such case arising on or before the date hereof. As further consideration for the consents and amendments set forth herein, each Note Party, by its signature below, hereby waives and releases and forever discharges discharge Agent and Purchasers, and the officers, directors, attorneys, agents and employees of each, from any liability, damage, claim, loss or expense of any kind originating in whole or in part known to any of the Note Parties on or before the date of this Amendment that any Note Party may now have against Agent or Purchasers or any of them arising out of or relating to the Obligations, this Amendment, the Note Purchase Agreement or the other Note Documents.

Confirmation of Indebtedness and Release. Each Note PartyBorrower, and each Guarantor by its signature below, hereby acknowledges, confirms and agrees that all of the Obligations (whether representing outstanding principal, accrued and unpaid interest, accrued and unpaid fees or any other Obligations of any kind or nature) currently owing by the Issuer Borrowers under the Note Purchase Credit Agreement and the other Note Credit Documents, as reflected in the books and records of Agent and Purchasers Lenders as of the date hereof, are unconditionally owing from and payable by the IssuerBorrowers, and that the Issuer is Borrowers are indebted (jointly and severally) to Agent and Purchasers Lenders with respect thereto, all without any set-off, deduction, counterclaim or defense. Each Note PartyBorrower, and each Guarantor by its signature below, hereby acknowledges and agrees that it has no actual or potential claim or cause of action against Agent or any Purchaser Lender relating to this Amendment (or any document, agreement or instrument relating heretoAmendments Documents), the Note Purchase Credit Agreement or any other Note Credit Document (including the Guaranty and the GP Pledge Agreement) and/or the Obligations arising thereunder or related thereto, in any such case arising on or before the date hereof. As further consideration for the consents and amendments set forth herein, each Note PartyBorrower, and each Guarantor, by its signature below, hereby waives and releases and forever discharges Agent and PurchasersLenders, and the officers, directors, attorneys, agents and employees of each, from any liability, damage, claim, loss or expense of any kind originating in whole or in part known to any of the Note Parties Borrowers or Guarantor on or before the date of this Amendment that any Note Party Borrower or Guarantor may now have against Agent or Purchasers Lenders or any of them arising out of or relating to the Obligations, this Amendment, the Note Purchase Credit Agreement or the other Note Other Documents.

Confirmation of Indebtedness and Release. Each Note Party, by its signature below, hereby acknowledges, confirms and agrees that all of the Obligations (whether representing outstanding principal, accrued and unpaid interest, accrued and unpaid fees or any other Obligations of any kind or nature) currently owing by the Issuer under the Note Purchase Agreement and the other Note Documents, as reflected in the books and records of Agent and Purchasers as of the date hereof, are unconditionally owing from and payable by the Issuer, and that the Issuer is indebted to Agent and Purchasers with respect thereto, all without any set-off, deduction, counterclaim or defense. Each Note Party, by its signature below, hereby acknowledges and agrees that it has no actual or potential claim or cause of action against Agent or any Purchaser relating to this Amendment (or any document, agreement or instrument relating hereto), the Note Purchase Agreement or any other Note Document and/or the Obligations arising thereunder or related thereto, in any such case arising on or before the date hereof. As further consideration for the consents and amendments set forth herein, each Note Party, by its signature below, hereby waives and releases and forever discharges Agent and Purchasers, and the officers, directors, attorneys, agents and employees of each, from any liability, damage, claim, loss or expense of any kind originating in whole or in part known to any of the Note Parties on or before the date of this Amendment that any Note Party may now have against Agent or Purchasers or any of them arising out of or relating to the Obligations, this Amendment, the Note Purchase Agreement or the other Note Documents.

Confirmation of Indebtedness and Release. Each Note PartyBorrower, and each Guarantor by its signature below, hereby acknowledges, confirms and agrees that all of the Obligations (whether representing outstanding principal, accrued and unpaid interest, accrued and unpaid fees or any other Obligations of any kind or nature) currently owing by the Issuer Borrowers under the Note Purchase Credit Agreement and the other Note Credit Documents, as reflected in the books and records of Agent and Purchasers Lenders as of the date hereof, are unconditionally owing from and payable by the IssuerBorrowers, and that the Issuer is Borrowers are indebted (jointly and severally) to Agent and Purchasers Lenders with respect thereto, all without any set-off, deduction, counterclaim or defense. Each Note PartyBorrower, and each Guarantor by its signature below, hereby acknowledges and agrees that it has no actual or potential claim or cause of action against Agent or any Purchaser Lender relating to this Amendment (or any document, agreement or instrument relating heretoAmendments Documents), the Note Purchase Credit Agreement or any other Note Credit Document (including the Guaranty and the GP Pledge Agreement) and/or the Obligations arising thereunder or related thereto, in any such case arising on or before the date hereof. As further consideration for the consents and amendments set forth herein, each Note PartyBorrower, and each Guarantor, by its signature below, hereby waives and releases and forever discharges discharge Agent and PurchasersLenders, and the officers, directors, attorneys, agents and employees of each, from any liability, damage, claim, loss or expense of any kind originating in whole or in part known to any of the Note Parties Borrowers or Guarantor on or before the date of this Amendment that any Note Party Borrower or Guarantor may now have against Agent or Purchasers Lenders or any of them arising out of or relating to the Obligations, this Amendment, the Note Purchase Credit Agreement or the other Note Other Documents.

Confirmation of Indebtedness and Release. Each Note Party, by its signature below, Borrowers hereby acknowledges, confirms acknowledge and agrees confirm that all of the Obligations (whether representing outstanding principal, accrued and unpaid interest, accrued and unpaid fees or any other Obligations of any kind or nature) currently owing by the Issuer Borrowers under the Note Purchase Loan Agreement and the other Note Other Documents, as reflected in the books and records of Agent and Purchasers Lenders as of the date hereof, are unconditionally owing from and payable by the IssuerBorrowers, and that the Issuer is Borrowers are jointly and severally indebted to Agent and Purchasers Lenders with respect thereto, all without any set-off, deduction, counterclaim or defense. Each Note Party, by its signature below, hereby Borrower acknowledges and agrees that it has no actual or potential claim or cause of action against Agent or any Purchaser Lender relating to this Amendment (or any document, agreement or instrument relating hereto), the Note Purchase Loan Agreement or any other Note Other Document and/or the Obligations arising thereunder or related thereto, in any such case arising on or before the date hereof. As further consideration for the amendments amendments, consents and/or waivers set forth herein, each Note Party, by its signature below, Borrower hereby waives and releases and forever discharges Agent and Purchaserseach Lender, and the respective past, present and future officers, directors, attorneys, agents agents, professionals and employees of each, Agent and each Lender (all collectively the “Released Parties”) from any liabilityand all claims, damagedemands, claimactions, loss or expense counterclaims and causes of action of any kind originating in whole or nature whatsoever, whether arising at law or in part known to equity, that any Borrower may now or hereafter have against any one or more of the Note Released Parties on (and from any and all liability of any Released Party for any such claims, counterclaims and causes of action, including any such claims, counterclaims and causes of action for damages, losses or before the date expenses of this Amendment that any Note Party may now have against Agent or Purchasers or any of them kind) arising out of or relating to (i) the ObligationsLoan Agreement, (ii) the Other Documents (including this AmendmentAmendment and any documents, agreements being executed in connection herewith), (iii) any and all Revolving Advances made or Letters of Credit issued through the Note Purchase date hereof and/or any other Obligations heretofore arising and/or now outstanding under the Loan Agreement or any Other Document, (iv) any transactions related to any of the foregoing or contemplated by the Loan Agreement or any Other Document (including this Amendment and any documents, agreements being executed in connection herewith) and/or (v) any other action (or failure to act) taken (or, as applicable, not taken or taken only after any delay or satisfaction of any conditions) by any of the Released Parties in connection with any of the foregoing or as contemplated by the Loan Agreement or any Other Document or in connection with the negotiation or administration of the Loan Agreement and the other Note DocumentsLoan Documents (including this Amendment and any documents, agreements being executed in connection herewith) and the credit facilities made available to Borrower thereunder, in each case to the extent such claims, demands, actions, counterclaims and causes of action arise out of events or circumstances that occurred or existed, or which are occurring and/or existing, on or prior to the date hereof.