Common use of Confirmation of Indebtedness Clause in Contracts

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24, 2014, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreements.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24September 11, 20142013, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of (i) $200,758,395.00 55,310,000 for the Revolving Credit LoansLoans and (ii) $118,343,750 for the Term Loan, without any deduction, defense, 2269186-3 setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the other Existing Financing Agreements.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24June 19, 20142013, Borrower was Borrowers were indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of (i) $200,758,395.00 for the 3,224,319.00, comprised of $2,740,000.00 of outstanding Revolving Credit LoansLoans and $484,319.00 for issued and outstanding Letters of Credit and (ii) $8,563,666.00 under the DOJ/EPA Letter of Credit, in each case without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November March 24, 2014, Borrower was 2015 Borrowers were indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of (i) $200,758,395.00 for the 472,692.00, comprised of $0 of outstanding Revolving Credit LoansLoans and $472,692.00 for issued and outstanding Letters of Credit and (ii) $6,422,749.00 under the DOJ/EPA Letter of Credit, in each case without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24April 27, 20142018, Borrower was Borrowers were indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 $ 484,961,145.80 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreements.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24September 22, 20142015, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 64,000,000.00 for the Revolving Credit Loans, $1,887,170.38 for Swing Line Loans, and $892,304.75 with respect to issued and outstanding Letters of Credit, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24May 8, 20142020, Borrower was Borrowers were indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 446,660,737.04 for the Revolving Credit Loans and $187,500,000.00 for the Term Loans, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24May 5, 2014, Borrower was 2015 Borrowers were indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of (i) $200,758,395.00 for the 6,879,000, comprised of zero of outstanding Revolving Credit LoansLoans and $456,000 for issued and outstanding Letters of Credit and (ii) $6,423,000 under the DOJ/EPA Letter of Credit, in each case without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24January 29, 20142019, Borrower was Borrowers were indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 497,529,565.02 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24March 11, 20142016, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 for the 94,593,315.00, consisting of $90,165,000.00 on account of Revolving Credit LoansLoans and $4,428,315.00 on account of Letters of Credit, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24March 8, 20142013, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 for the 490,119.00, comprised of $0 of outstanding Revolving Credit LoansLoans and $490,119.00 for issued and outstanding Letters of Credit, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24December 8, 2014, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 33,749,437.54 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24March 13, 20142015, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of $200,758,395.00 66,518,978.38 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.

Confirmation of Indebtedness. Loan Parties confirm and acknowledge that as of the close of business on November 24April 25, 20142013, Borrower was indebted to Administrative Agent and Lenders under the Credit Agreement in the aggregate principal amount of (i) $200,758,395.00 23,000,000.00 for the Revolving Credit LoansLoans and (ii) $112,843,750.00 for the Term Loan, without any deduction, defense, setoff, claim or counterclaim, plus all fees, costs and expenses incurred to date in connection with the Credit Agreement and the Existing Financing Agreementsother Loan Documents.