Common use of Confirmation of Indebtedness Clause in Contracts

Confirmation of Indebtedness. Loan Parties confirm and agree that as of the close of business on May 11, 2005, they are indebted to Lender under the Loan Agreement and Other Agreements, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoever, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Agreement, Other Documents and related agreements.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May September 11, 20052013, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of (i) $55,310,000 for the Revolving Credit Loans and Other Agreements(ii) $118,343,750 for the Term Loan, without any deduction, defense, 2269186-3 setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Agreement, Other Documents Credit Agreement and related agreementsthe other Existing Financing Agreements.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11April 27, 20052018, they are Borrowers were indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement and Other Agreementsin the aggregate principal amount of $ 484,961,145.80 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Agreement, Other Documents Credit Agreement and related agreementsthe Existing Financing Agreements.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11September 22, 20052015, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of $64,000,000.00 for the Revolving Credit Loans, $1,887,170.38 for Swing Line Loans, and Other Agreements$892,304.75 with respect to issued and outstanding Letters of Credit, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11March 13, 20052015, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement and Other Agreementsin the aggregate principal amount of $66,518,978.38 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11January 29, 20052019, they are Borrowers were indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement and Other Agreementsin the aggregate principal amount of $497,529,565.02 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11January 22, 20052015, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of $194,833,395.00, consisting of $191,800,000.00 on account of Revolving Credit Loans and Other Agreements$3,033,395.00 on account of Letters of Creedit, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11March 8, 20052013, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of $490,119.00, comprised of $0 of outstanding Revolving Credit Loans and Other Agreements$490,119.00 for issued and outstanding Letters of Credit, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11April 25, 20052013, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of (i) $23,000,000.00 for the Revolving Credit Loans and Other Agreements(ii) $112,843,750.00 for the Term Loan, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 118, 20052020, they are Borrowers were indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of $446,660,737.04 for the Revolving Credit Loans and Other Agreements$187,500,000.00 for the Term Loans, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11December 8, 20052014, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement and Other Agreementsin the aggregate principal amount of $33,749,437.54 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 115, 2005, they are 2015 Borrowers were indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of (i) $6,879,000, comprised of zero of outstanding Revolving Credit Loans and Other Agreements$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 of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11November 24, 20052014, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement and Other Agreementsin the aggregate principal amount of $200,758,395.00 for the Revolving Credit Loans, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Loan Agreement, Other Documents Credit Agreement and related agreementsthe Existing Financing Agreements.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May 11December 18, 20052019, they are Borrowers were indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of $226,309,644.46 for the Revolving Credit Loans and Other Agreements$192,500,000.00 for the Term Loans, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.

Confirmation of Indebtedness. Loan Parties confirm and agree acknowledge that as of the close of business on May March 11, 20052016, they are Borrower was indebted to Lender Administrative Agent and Lenders under the Loan Credit Agreement in the aggregate principal amount of $94,593,315.00, consisting of $90,165,000.00 on account of Revolving Credit Loans and Other Agreements$4,428,315.00 on account of Letters of Credit, without any deduction, defense, setoff, claim or counterclaim of any nature whatsoevercounterclaim, in the aggregate principal amount of $12,979,565.56 outstanding with respect to the principal amount of the Revolving Credit Loans plus all accrued interest, fees, costs and expenses (including attorneys’ fees) incurred to date in connection with the Credit Agreement and the other Loan Agreement, Other Documents and related agreementsDocuments.