Common use of Confirmation of Obligations; Release Clause in Contracts

Confirmation of Obligations; Release. (a) Each Borrower (and by joinder hereto, the Guarantor) hereby confirms that the Borrowers are jointly and severally indebted to the Lenders for the Loans and L/C Obligations in the amounts and as of the date set forth in last “Whereas” recital hereof, and is also obligated to the Lenders in respect of other Obligations as set forth in the Credit Agreement and the other Loan Documents. Each Borrower (and by joinder hereto, the Guarantor) further acknowledges and agrees that as of the date hereof, it has no claim, defense or set-off right against any Lender or Agent of any nature whatsoever, whether sounding in tort, contract or otherwise, and has no claim, defense or set-off of any nature whatsoever to the enforcement by any Lender or Agent of the full amount of the Loans and other obligations of the Borrowers and the Guarantor under the Credit Agreement and the other Loan Documents. (b) Notwithstanding the foregoing, to the extent that any claim, cause of action, defense or set-off against any Lender or Agent or their enforcement of the Credit Agreement or any other Loan Document, of any nature whatsoever, known or unknown, fixed or contingent, does nonetheless exist or may exist on the date hereof, in consideration of the Lenders’ and Agent’s entering into this Agreement, each Borrower (and by joinder hereto, the Guarantor) hereby irrevocably and unconditionally waives and releases fully each and every such claim, cause of action, defense and set-off which exists or may exist on the date hereof. (c) All obligations provided in this Section 5.7 shall survive any termination of this Agreement or the Credit Agreement.

Confirmation of Obligations; Release. (a) Each Borrower (and by joinder hereto, the Guarantor) hereby confirms that the Borrowers are jointly and severally indebted to the Lenders Lenders, the Swing Line Lender and the Letter of Credit Issuer, as their interests may appear, for the Loans evidenced by the Notes and L/C Obligations for the Letters of Credit in the amounts and as of the date set forth in last “Whereas” recital hereofRecital C, above, and is are also obligated to the Lenders Lenders, the Swing Line Lender, the Administrative Agent and the Letter of Credit Issuer in respect of other Obligations as set forth in the Credit Agreement and the other Loan Credit Documents. Each Borrower (and by joinder hereto, the Guarantor) further acknowledges and agrees that as of the date hereof, it has no claim, defense or set-off right against any Lender Lender, the Swing Line Lender, the Administrative Agent or Agent the Letter of Credit Issuer of any nature whatsoever, whether sounding in tort, contract or otherwise, and as of the date hereof has no claim, defense or set-off of any nature whatsoever to the enforcement by any Lender or the Lenders, the Swing Line Lender, the Administrative Agent and the Letter of Credit Issuer of the full amount of the Loans and other obligations Obligations of the Borrowers and the Guarantor under the Credit Agreement and the other Loan Credit Documents. (b) Notwithstanding the foregoing, to the extent that any claim, cause of action, defense or set-off against any Lender or Lender, the Swing Line Lender, the Administrative Agent or their the Letter of Credit Issuer or the enforcement by any of them of the Credit Agreement or Agreement, any Note, any other Loan Credit Document, of any nature whatsoever, known or unknown, fixed or contingent, does nonetheless exist or may exist on the date hereof, in consideration of the Lenders’ ' and the Administrative Agent’s 's entering into this AgreementFifth Amendment, each Borrower (and by joinder hereto, the Guarantor) hereby irrevocably and unconditionally waives and releases fully each and every such claim, cause of action, defense and set-off which exists or may exist on the date hereof. (c) All obligations provided in this Section 5.7 shall survive any termination of this Agreement or the Credit Agreement.

Confirmation of Obligations; Release. (a) Each Borrower (and by joinder hereto, the Guarantor) hereby confirms that the Borrowers are jointly and severally indebted to the Lenders for the Loans and L/C Obligations in the amounts and as of the date set forth in last “Whereas” recital hereof, and is also obligated to the Lenders in respect of other Obligations as set forth in the Credit Agreement and the other Loan Documents. Each Borrower (and by joinder hereto, the Guarantor) further acknowledges and agrees that as of the date hereof, it has no claim, defense or set-off right against any Lender or Agent of any nature whatsoever, whether sounding in tort, contract or otherwise, and has no claim, defense or set-off of any nature whatsoever to the enforcement by any Lender or Agent of the full amount of the Loans and other obligations of the Borrowers and the Guarantor under the Credit Agreement and the other Loan Documents. (b) Notwithstanding the foregoing, to the extent that any claim, cause of action, defense or set-off against any Lender or Agent or their enforcement of the Credit Agreement or any other Loan Document, of any nature whatsoever, known or unknown, fixed or contingent, does nonetheless exist or may exist on the date hereof, in consideration of the Lenders’ and Agent’s entering into this AgreementAmendment, each Borrower (and by joinder hereto, the Guarantor) hereby irrevocably and unconditionally waives and releases fully each and every such claim, cause of action, defense and set-off which exists or may exist on the date hereof. (c) All obligations provided in this Section 5.7 shall survive any termination of this Agreement Amendment or the Amended Credit Agreement.