Common use of Confirmation of Indebtedness Clause in Contracts

Confirmation of Indebtedness. Borrower and each Subsidiary Guarantor confirm and acknowledge that as of the close of business on September 29, 2009, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 and (ii) Issuing Bank has issued Letters of Credit in the face amount of $50,000, in each case without any deduction, defense, setoff, claim or counterclaim, of any nature 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 confirms and each Subsidiary Guarantor confirm acknowledges, and acknowledge Joining Guarantors acknowledge, that as of the close of business on September 2917, 20092012, (i) it is Borrower was indebted to Agent and Lenders on account of the Term Loan under the Loan Documents Agreement in the aggregate principal amount of $24,950,000 13,000,000, plus all fees, expenses and (ii) Issuing Bank has issued Letters of Credit in the face amount of $50,000, accrued but unpaid interest and in each case without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documentsnature.

Confirmation of Indebtedness. Borrower confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29July 18, 20092007, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 and (ii) Issuing Bank has issued Letters of Credit in the face amount of $50,000, in each case 32,000,000 without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29November 14, 20092007, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 and (ii) Issuing Bank has issued Letters of Credit in the face amount of $50,000, in each case 42,846,420 without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29November 15, 20092012, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 0.00 and (iib) Issuing Bank has issued Letters of Credit in the aggregate face amount of $50,000503,057.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature 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 confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29May 14, 2009, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 and (ii) Issuing Bank has issued Letters of Credit in the face amount of $50,000, in each case 43,600,000 without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature 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 confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29December 9, 20092010, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 13,826,884.00 and (iib) Issuing Bank has issued Letters of Credit in the aggregate face amount of $50,000400,604.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature 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 confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29April 25, 20092014, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 0.00 and (iib) Issuing Bank has issued Letters of Credit in the aggregate face amount of $50,000503,057.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature 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 confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29November 28, 20092011, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 6,453,218.00, and (iib) Issuing Bank has issued Letters of Credit in the aggregate face amount of $50,000503,057.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature 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 confirms and each Subsidiary Guarantor confirm acknowledges, and acknowledge Joining Guarantors acknowledge, that as of the close of business on September 29March 22, 20092013, (i) it is Borrower was indebted to Agent and Lenders on account of the Term Loan under the Loan Documents Agreement in the aggregate principal amount of $24,950,000 15,000,000, plus all fees, expenses and (ii) Issuing Bank has issued Letters of Credit in the face amount of $50,000, accrued but unpaid interest and in each case without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documentsnature.

Confirmation of Indebtedness. Borrower confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29February 13, 20092012, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 5,303,218.00 and (iib) Issuing Bank has issued Letters of Credit in the aggregate face amount of $50,000803,057.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature 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 confirms and each Subsidiary Guarantor confirm and acknowledge acknowledges that as of the close of business on September 29August 6, 20092008, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $24,950,000 and (ii) Issuing Bank has issued Letters of Credit in the face amount of $50,000, in each case 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 incurred to date in connection with the Loan Documents.