Common use of Confirmation of Indebtedness Clause in Contracts

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18, 2009, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, under the Loan Documents, in the aggregate principal amount of $5,152,277.91 plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge Borrower confirms and confirm acknowledges that as of the close of business on December 18April 16, 2009, Borrowers are 2007 Borrower was indebted to LenderLender in the aggregate principal amount of Nine Million Dollars ($9,000,000), without any deduction, defense, setoff, claim or counterclaim, under the Loan Documentsof any nature, in the aggregate principal amount of $5,152,277.91 plus interest and all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with and owing by Borrower under the Loan DocumentsAgreement and the Existing Financing Agreements.

Confirmation of Indebtedness. The Borrowers hereby confirm and acknowledge and confirm that that, as of the close of business on December 18Closing Date, 2009, (i) the Borrowers are truly and justly indebted to Lenderthe Lenders, without defense, setoffcounterclaim or offset of any kind and (ii) as of April 4 2002, claim or counterclaim, under the Loan Documents, Borrowers are liable to the Lenders in respect of Loans in the aggregate principal amount of $5,152,277.91 plus all fees, costs and expenses 79,599,011.59 (including attorneys’ fees) incurred to date in connection with the Loan Documentsexclusive of Letters of Credit).

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18November 10, 2009, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, under the Loan Existing Credit Documents, in the aggregate principal amount of $5,152,277.91 5,968,656.59 plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Existing Credit Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18April , 20092003, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, counterclaim under the Loan Documents, in the aggregate principal amount of $5,152,277.91 $ , plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18June 17, 20092004, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, counterclaim under the Loan Documents, in the aggregate principal amount of $5,152,277.91 15,083,333.35 (with respect to Revolving Loans, $10,500,000, and with respect to the Term Loan, $4,583,333.35) plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18February 24, 2009, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, under the Loan Documents, in the aggregate principal amount of $5,152,277.91 4,653,534.92 plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers Borrower hereby acknowledge acknowledges and confirm confirms that as of the close of business on December 18September 30, 20092008, Borrowers are Borrower is indebted to LenderAgent and Lenders, without defense, setoff, claim or counterclaim, counterclaim under the Loan Documents, in the aggregate principal amount of $5,152,277.91 10,073,307.29, plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18May 26, 20092004, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, counterclaim under the Loan Documents, in the aggregate principal amount of $5,152,277.91 14,666,666.68 (with respect to Revolving Loans, $10,000,000, and with respect to the Term Loan, $4,666,666.68) plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18February 25, 20092003, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, counterclaim under the Loan Documents, in the aggregate principal amount of $5,152,277.91 10,609,988.44, plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge Borrower confirms and confirm acknowledges that as of the close of business on December 18August __, 2009, Borrowers are 2007 Borrower was indebted to LenderLender in the aggregate principal amount of Nine Million Dollars ($9,000,000), without any deduction, defense, setoff, claim or counterclaim, under the Loan Documentsof any nature, in the aggregate principal amount of $5,152,277.91 plus interest and all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with and owing by Borrower under the Loan DocumentsAgreement and the Existing Financing Agreements.

Confirmation of Indebtedness. Borrowers hereby acknowledge Borrower confirms and confirm acknowledges that as of the close of business on December 18, 20092008, Borrowers are it is indebted to Lender, without defense, setoff, claim or counterclaim, Agent and Lenders under the Loan Documents, Documents in the aggregate principal amount of $5,152,277.91 43,600,000 without any deduction, defense, setoff, claim or counterclaim of any nature as of the date of this Amendment, plus all fees, costs and expenses (including attorneys’ fees) Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge Borrower confirms and confirm acknowledges that as of the close of business on December 18September 30, 20092008, Borrowers are it is indebted to Lender, without defense, setoff, claim or counterclaim, Agent and Lenders under the Loan Documents, Documents in the aggregate principal amount of $5,152,277.91 43,600,000 without any deduction, defense, setoff, claim or counterclaim of any nature as of the date of this Amendment, plus all fees, costs and expenses (including attorneys’ fees) Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18October 31, 20092002, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, counterclaim under the Loan Documents, in the aggregate principal amount of $5,152,277.91 7,635,363.83, plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge Borrower confirms and confirm acknowledges that as of the close of business on December 18November 5, 2009, Borrowers are it is indebted to Lender, without defense, setoff, claim or counterclaim, Agent and Lenders under the Loan Documents, Documents in the aggregate principal amount of $5,152,277.91 24,677,382.09 without any deduction, defense, setoff, claim or counterclaim of any nature as of the date of this Amendment, plus all fees, costs and expenses (including attorneys’ fees) Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18, 2009, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, under the Loan Documents, in the aggregate principal amount of $5,152,277.91 plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents. 7.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18January 8, 20092003, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, counterclaim under the Loan Documents, in the aggregate principal amount of $5,152,277.91 9,132,655.43, plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18January 20, 2009, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, under the Loan Documents, in the aggregate principal amount of $5,152,277.91 4,457,112.74 plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 18March 11, 20092005, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, under the Loan Documents, in the aggregate principal amount of $5,152,277.91 2,445,527.86, plus all fees, costs and expenses (including attorneys’ ' fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrowers hereby acknowledge and confirm that as of the close of business on December 188, 20092003, Borrowers are indebted to Lender, without defense, setoff, claim or counterclaim, counterclaim under the Loan Documents, in the aggregate principal amount of $5,152,277.91 11,734,967.73 (with respect to Revolving Loans, $8,867,327.76 and with respect to the Term Loan, $2,837,639.97) plus all fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Documents.