Common use of Confirmation of Loan Documents; No Novation Clause in Contracts

Confirmation of Loan Documents; No Novation. As of the Amendment Effective Date, the Borrower hereby confirms and ratifies all of its obligations under the Loan Documents (in each case, as amended hereby as of such date) to which it is a party. By its execution on the respective signature lines provided below, as of the Amendment Effective Date, each of the Guarantors hereby (a) confirms and ratifies all of its obligations and the Liens granted by it under the Loan Documents to which it is a party, (b) represents and 117 Exhibit 10.1 warrants that the representations and warranties set forth in such Loan Documents are true and correct in all material respects on the Amendment Effective Date as if made on and as of such date (except to the extent that any representation or warranty expressly relates to an earlier date, in which case such representation or warranty shall have been true and correct as of such earlier date) and (c) confirms that all references in such Loan Documents to the “Credit Agreement” (or words of similar import) refer to the Existing Senior Secured Credit Agreement as amended hereby as of the Amendment Effective Date without impairing any such obligations or Liens in any respect. In addition, the Borrower and each of the Guarantors hereby confirm that they have entered into this Agreement solely to amend and restate the terms of the Existing Senior Secured Credit Agreement. Each of the parties hereto that is also a party to the Existing Senior Secured Credit Agreement and each of the Guarantors do not intend this Agreement or the transactions contemplated hereby to be, and this Agreement and the transactions contemplated hereby shall not be construed to be, a novation of any of the Obligations (as defined in the Existing Senior Secured Credit Agreement) owing by the Borrower or any Guarantor under or in connection with the Existing Senior Secured Credit Agreement or any of the other Loan Documents (as defined in the Existing Senior Secured Credit Agreement).

Confirmation of Loan Documents; No Novation. As of the Amendment Effective Date, the Borrower hereby confirms and ratifies all of its obligations under the Loan Documents (in each case, as amended hereby as of such date) to which it is a party. By its execution on the respective signature lines provided below, as of the Amendment Effective Date, each of the Guarantors hereby (a) confirms and ratifies all of its obligations and the Liens granted by it under the Loan Documents to which it is a party, (b) represents and 117 Exhibit 10.1 warrants that the representations and warranties set forth in such Loan Documents are true and correct in all material respects on the Amendment Effective Date as if made on and as of such date (except to the extent that any representation or warranty expressly relates to an earlier date, in which case such representation or warranty shall have been true and correct as of such earlier date) and (c) confirms that all references in such Loan Documents to the “Credit Agreement” (or words of similar import) refer to the Existing Senior Secured Credit Agreement as amended hereby as of the Amendment Effective Date without impairing any such obligations or Liens in any respect. In addition, the Borrower and each of the Guarantors hereby confirm that they have entered into this Agreement solely to amend and restate the terms of the Existing Senior Secured Credit Agreement. Each of the parties hereto that is also a party to the Existing Senior Secured Credit Agreement and each of the Guarantors do not intend this Agreement or the transactions contemplated hereby to be, and this Agreement and the transactions contemplated hereby shall not be construed to be, a novation of any of the Obligations (as defined in the Existing Senior Secured Credit Agreement) owing by the Borrower or any Guarantor under or in connection with the Existing Senior Secured Credit Agreement or any of the other Loan Documents (as defined in the Existing Senior Secured Credit Agreement).

Confirmation of Loan Documents; No Novation. As of the Amendment Effective Date, the Borrower hereby confirms and ratifies all of its obligations under the Loan Documents (in each case, as amended hereby as of such date) to which it is a party. By its execution on the respective signature lines provided below, as of the Amendment Effective Date, each of the Guarantors hereby (a) confirms and ratifies all of its obligations and the Liens granted by it under the Loan Documents to which it is a party, (b) represents and 117 Exhibit 10.1 warrants that the representations and warranties set forth in such Loan Documents are true and correct in all material respects on the Amendment Effective Date as if made on and as of such date (except to the extent that any representation or warranty expressly relates to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date) and (c) confirms that all references in such Loan Documents to the “Credit Agreement” (or words of similar import) refer to the Existing Senior Secured Credit Agreement as amended hereby as of the Amendment Effective Date without impairing any such obligations or Liens in any respect. In addition, the Borrower and each of the Guarantors hereby confirm that they have entered into this Agreement solely to amend and restate the terms of the Existing Senior Secured Credit Agreement. Each of the parties hereto that is also a party to the Existing Senior Secured Credit Agreement and each of the Guarantors do not intend this Agreement or the transactions contemplated hereby to be, and this Agreement and the transactions contemplated hereby shall not be construed to be, a novation of any of the Obligations (as defined in the Existing Senior Secured Credit Agreement) owing by the Borrower or any Guarantor under or in connection with the Existing Senior Secured Credit Agreement or any of the other Loan Documents (as defined in the Existing Senior Secured Credit Agreement).

Confirmation of Loan Documents; No Novation. As of the Amendment Effective Date, the Borrower hereby confirms and ratifies all of its obligations under the Loan Documents (in each case, as amended hereby as of such date) to which it is a party. By its execution on the respective signature lines provided below, as of the Amendment Effective Date, each of the Guarantors hereby (a) confirms and ratifies all of its obligations and the Liens granted by it under the Loan Documents to which it is a party, (b) represents and 117 Exhibit 10.1 warrants that the representations and warranties set forth in such Loan Documents are true and correct in all material respects on the Amendment Effective Date as if made on and as of such date (except to the extent that any representation or warranty expressly relates to an earlier date, in which case such representation or warranty shall have been true and correct as of such earlier date) and (c) confirms that all references in such Loan Documents to the “Credit Agreement” (or words of similar import) refer to the Existing Senior Secured Credit Agreement as amended hereby as of the Amendment Effective Date without impairing any such obligations or Liens in any respect. In addition, the Borrower and each of the Guarantors hereby confirm that they have entered into this Agreement solely to amend and restate the terms of the Existing Senior Secured Credit Agreement. Each of the parties hereto that is also a party to the Existing Senior Secured Credit Agreement and each of the Guarantors do not intend this Agreement or the transactions contemplated hereby to be, and this Agreement and the transactions contemplated hereby shall not be construed to be, a novation of any of the Obligations (as defined in the Existing Senior Secured Credit Agreement) owing by the Borrower or any Guarantor under or in connection with the Existing Senior Secured Credit Agreement or any of the other Loan Documents (as defined in the Existing Senior Secured Credit Agreement).

Confirmation of Loan Documents; No Novation. As of the Amendment Effective Date, the Borrower hereby confirms and ratifies all of its obligations under the Loan Documents (in each case, as amended hereby as of such date) to which it is a party. By its execution on the respective signature lines provided below, as of the Amendment Effective Date, each of the Guarantors hereby (a) confirms and ratifies all of its obligations and the Liens granted by it under the Loan Documents to which it is a party, (b) represents and 117 Exhibit 10.1 warrants that the representations and warranties set forth in such Loan Documents are true and correct in all material respects on the Amendment Effective Date as if made on and as of such date (except to the extent that any representation or warranty expressly relates to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects as of such earlier date) and (c) confirms that all references in such Loan Documents to the “Credit Agreement” (or words of similar import) refer to the Existing Senior Secured Credit Agreement as amended hereby as of the Amendment Effective Date without impairing any such obligations or Liens in any respect. In addition, the Borrower and each of the Guarantors hereby confirm that they have entered into this Agreement solely to amend and restate the terms of the Existing Senior Secured Credit Agreement. Each of the parties hereto that is also a party to the Existing Senior Secured Credit Agreement and each of the Guarantors do not intend this Agreement or the transactions contemplated hereby to be, and this Agreement and the transactions contemplated hereby shall not be construed to be, a novation of any of the Obligations (as defined in the Existing Senior Secured Credit Agreement) owing by the Borrower or any Guarantor under or in connection with the Existing Senior Secured Credit Agreement or any of the other Loan Documents (as defined in the Existing Senior Secured Credit Agreement). All revolving loans outstanding under the Existing Credit Agreement immediately prior to the Effective Date shall, as of the Effective Date, be deemed to be a borrowing of Revolving Loans in an equivalent amount and with the Interest Period selected by the Borrower pursuant to Section 4.01(h), as applicable, hereunder as of the Effective Date and in connection therewith, the Administrative Agent, the Borrower and the Lenders hereby acknowledge and agree that the revolving commitments in effect under the Existing Credit Agreement immediately prior to the Effective Date have been reallocated to the Revolving Commitments set forth on Schedule 2.01 and the revolving loans outstanding under the Existing Credit Agreement immediately prior to the Effective Date have been reallocated as necessary to give effect to the Revolving 115 Commitments, and such reallocations shall be effective on the Effective Date and do not require any Assignment and Assumption or any other action of any Person.