Common use of Confirmation of Indebtedness Clause in Contracts

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on May 3, 2012 it was indebted to Lender under the Revolving Credit in the aggregate principal amount of $5,153,416.07 (including undrawn Letters of Credit), without any deduction, defense, setoff, claim or counterclaim, of any nature, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on May 3March 26, 2012 2004, it was is indebted to Lender under for the Revolving Credit (including Letters of Credit) in the aggregate principal amount of $5,153,416.07 (including undrawn Letters 3,835,913.35, Term Loan A in the principal amount of Credit)$4,667,500, and Term Loan B in the principal amount of $3,052,777.88, without any deduction, defense, setoff, claim or counterclaim, of any nature, plus all fees, costs costs, and Expenses expenses (including reasonable attorneys' fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on May 3August 31, 2012 it was indebted to Lender under the Revolving Credit in the aggregate principal amount of $5,153,416.07 1,192,939.24 (including undrawn Letters of Credit), without any deduction, defense, setoff, claim or counterclaim, of any nature, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on May 3March 25, 2012 2009, it was is indebted to Lender Agent and Lenders under the Revolving Credit Loan Documents in the aggregate principal amount of $5,153,416.07 (including undrawn Letters of Credit), 43,600,000.00 without any deduction, defense, setoff, claim or counterclaim, counterclaim of any naturenature as of the date of this Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower hereby acknowledges and confirms and acknowledges that as of the close of business on May 3November 13, 2012 it was 2001, Borrower is indebted to Lender Bank, without defense, setoff, claim or counterclaim under the Revolving Credit Loan Documents, in the aggregate principal amount of $5,153,416.07 6,559,093.19 (including undrawn Letters consisting of Credit$5,000,000.00 with respect to the Line of Credit and $1,559,093.19 with respect to the Term Loan), without any deduction, defense, setoff, claim or counterclaim, of any nature, plus all fees, costs and Expenses expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on May 3November 13, 2012 2003, it was is indebted to Lender under for the Revolving Credit (including Letters of Credit) in the aggregate principal amount of $5,153,416.07 (including undrawn Letters 4,175,913.35, Term Loan A in the principal amount of Credit)$5,437,500.00, and Term Loan B in the principal amount of $3,130,555.64, without any deduction, defense, setoff, claim or counterclaim, of any nature, plus all fees, costs costs, and Expenses expenses (including reasonable attorneys' fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on May 3March 22, 2012 2005, it was is indebted to Lender under for the Revolving Credit (including Letters of Credit) in the aggregate principal amount of $5,153,416.07 (including undrawn Letters 4,545,913.35, Term Loan A in the principal amount of Credit)$1,857,500.00, and Term Loan B in the principal amount of $2,819,444.60, without any deduction, defense, setoff, claim or counterclaim, of any nature, plus all fees, costs costs, and Expenses (including reasonable attorneys' fees) incurred to date in connection with the Loan Documents.