Common use of Continuing Effect; No Other Waivers or Amendments Clause in Contracts

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment and any other Credit Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Documents) under the Credit Agreement as in effect prior to the Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment of the “Obligations.” (c) On and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit Agreement, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Document for all purposes under the Credit Agreement.

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the First Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471‑2T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Eighth Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Eighth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471‑2T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Sixth Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Sixth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement.

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Third Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471-2T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Fifth Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Fifth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471-2T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. #93682701v11 (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Ninth Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Ninth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471-2T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms.. LA\4295164.4 (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Second Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471‑2T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of or consent to any provision of the Credit Agreement and the other Credit Loan Documents except as not expressly stated referred to herein and shall not be construed as a an amendment, waiver or consent to any action on the part of the Borrower or any other Credit Party that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. The amendments provided for herein are limited to the specific subsections of the Credit Agreement specified herein and shall not constitute a consent, waiver or amendment of, or an indication of the Administrative Agent’s or the Lenders’ willingness to consent to any action requiring consent under any other provisions of the Credit Agreement or the same subsection for any other date or time period. Except as expressly amended amended, consented to or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, . Upon the Acknowledgment and any other Credit Documents executed and delivered in connection herewith do not constitute a novation, or termination effectiveness of the “Obligations” (as defined in the Credit Documents) under the Credit Agreement as in effect prior to the Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment of the “Obligations.” (c) On amendments set forth herein, on and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, ,” “the Agreement,” “hereunder”, ,” “hereof”, “herein” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement,” “thereunder,” “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Document for all purposes under the Credit Agreementamended hereby.

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Tenth Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Tenth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.4712T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment Except to the extent expressly set forth herein, this Agreement shall not constitute an amendment to or waiver of any provision of the Credit Agreement and or the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower any Loan Party, or any other Credit subsidiary of any Loan Party that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated hereinany Lender. Except as expressly amended or waived hereby, the The provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment. After the Effective Date, the Acknowledgment provisions of Article VIII and any other Credit Documents executed and delivered in connection herewith do not constitute a novation, or termination Section 10.03 of the Credit Agreement shall inure to the benefit of the Resigning Agent (and, as and to the extent provided therein, its officers, directors, employees, affiliates, agents, advisors and controlling persons (collectively, the “Obligations” (Related Parties”)) as defined in the Credit Documents) to any actions taken or omitted to be taken while it was Administrative Agent under the Credit Agreement as and the other Loan Documents, and it is understood and agreed that the Successor Agent (a) shall have no responsibility or liability whatsoever for any actions taken or failures to take action in effect respect of the Loan Documents (including without limitation any matters relating to payments, computations and accruals) for the period prior to the Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; Date and (iiib) the Liens and security interests as granted under the Credit Documents securing payment of such “Obligations” are in shall receive all such respects continuing in full force and effect and secure the payment of the “Obligations.” (c) On benefits, indemnifications and after the Amendment Effective Date, each reference exculpations provided for in the Credit Agreement (including without limitation under the provisions of Article VIII and Section 10.03) that are stated therein to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference apply to the Amended Credit Agreement, Administrative Agent from and this Amendment after the Effective Date; it being understood and agreed that none of the Resigning Agent nor any of its Related Parties shall have any liability (express or implied) by operation of preceding clauses (a) and (b). The Resigning Agent shall retain all claims and rights to indemnification under the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Document other Loan Documents for all purposes acts, omissions, events or circumstances occurring or existing on or prior to the Effective Date in its capacity as Resigning Agent under the Credit Agreement and the other Loan Documents. The Borrower shall promptly reimburse the Resigning Agent following written demand for all reasonable and documented out-of-pocket costs and expenses incurred by the Resigning Agent in connection with any actions taken pursuant to this Agreement.

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Seventh Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Seventh Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471-2T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Sixth Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Sixth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471‑2T(b)(2)(i).

Continuing Effect; No Other Waivers or Amendments. (a) This Amendment shall not constitute an amendment to or waiver of any provision of the Credit Agreement and the other Credit Loan Documents except as expressly stated herein and shall not be construed as a consent to any action on the part of the Borrower or any other Credit Party Subsidiary that would require an amendment, waiver or consent of the Administrative Agent or the Lenders except as expressly stated herein. Except as expressly amended or waived hereby, the provisions of the Credit Agreement and the other Credit Loan Documents are and shall remain in full force and effect in accordance with their terms. (b) The parties hereto acknowledge and agree that (i) this Amendment, the Acknowledgment Amendment and any other Credit Loan Documents executed and delivered in connection herewith do not constitute a novation, or termination of the “Obligations” (as defined in the Credit Loan Documents) under the Credit Agreement as in effect prior to the Fourth Amendment Effective Date; (ii) such “Obligations” are in all respects continuing (as amended hereby) with only the terms thereof being modified to the extent expressly provided in this Amendment; and (iii) the Liens and security interests as granted under the Credit Loan Documents securing payment of such “Obligations” are in all such respects continuing in full force and effect and secure the payment payments of the “Obligations”.” (c) On and after the Fourth Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, shall mean and be a reference to the Amended Credit AgreementAgreement as amended hereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. This Amendment and the Acknowledgment shall be a Credit Loan Document for all purposes under the Credit Agreement. (d) For purposes of determining withholding Taxes imposed under FATCA, from and after the effective date of this Amendment, the Borrower and the Agent shall treat (and the Lenders hereby authorize the Agent to treat) the Amended Credit Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i) or 1.471-2T(b)(2)(i).