Common use of DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS Clause in Contracts

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, and as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11, 2012, and as further amended by that certain Fifth Loan Modification Agreement dated as of September 7, 2012 (the “Fifth Loan Modification Agreement”) (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31February 18, 20112010, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31February 18, 20112010, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement Agreement, dated as of June 1March 7, 2011, as further amended by that a certain Consent and Second Loan Modification Agreement Agreement, dated as of May 18, 2011, as further amended by a certain Third Loan Modification Agreement, dated as of June 141, 20112012, as further amended by a certain Fourth Loan Modification Agreement, dated as of March 1, 2013, as further amended by a certain Consent, Release and Fifth Loan Modification Agreement, dated as of January 21, 2014, and as further amended by that a certain Joinder, Consent and Third Sixth Loan Modification Agreement Agreement, dated as of December 6May 8, 2012 2015 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2011, as further amended by that certain Consent and Fourth Loan Modification Agreement dated as of June 11, 2012, as further amended by that certain Fifth Loan Modification Agreement dated as of September 7, 2012 and as further amended by that certain Consent and Sixth Loan Modification Agreement, dated as of September 26, 2012 (the “Sixth Loan Modification Agreement”) (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31February 18, 20112010, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31February 18, 20112010, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement Agreement, dated as of June 1March 7, 2011, as further amended by that a certain Consent and Second Loan Modification Agreement Agreement, dated as of May 18, 2011, as further amended by a certain Third Loan Modification Agreement, dated as of June 141, 20112012, as further amended by a certain Fourth Loan Modification Agreement, dated as of March 1, 2013, as further amended by a certain Consent, Release and Fifth Loan Modification Agreement, dated as of January 21, 2014, as further amended by a certain Joinder, Consent and Sixth Loan Modification Agreement, dated as of May 8, 2015, and as further amended by that a certain Consent Waiver and Third Seventh Loan Modification Agreement Agreement, dated as of December 6September 29, 2012 2015 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 16, 20112009, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement dated as of March 31November 16, 20112009, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement (Domestic) dated as of June 115, 2010, as further amended by a certain Second Loan Modification Agreement (Domestic) dated as of November 8, 2011, as further amended by that a certain Consent and Second Third Loan Modification Agreement (Domestic) dated as of June 14December 30, 2011, as further amended by a certain Fourth Loan Modification Agreement (Domestic) dated as of December 20, 2012, and as further amended by that a certain Consent and Third Fifth Loan Modification Agreement (Domestic) dated as of December 6June 12, 2012 2013 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 3128, 20112012, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 3128, 20112012, between Borrower and Bank, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1July 10, 20112012, between Borrower and Bank, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14December 6, 20112012, between Borrower and Bank, as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 612, 2012 2013, between Borrower and Bank, as amended by that certain Fourth Loan Modification Agreement dated March 26, 2014, between Borrower and Bank, as amended by that certain Fifth Loan Modification Agreement dated as of January 9, 2015, between Borrower and Bank, and as further amended by that certain Sixth Loan Modification Agreement dated as of August 7, 2015, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank ). Hereinafter, the Loan and Security Agreement, dated together with all other documents evidencing or securing the Obligations prior to effectiveness of this Loan Modification Agreement shall be referred to as of March 31, 2011 (as may be amended from time to time, the “EXIM Existing Loan AgreementDocuments”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March October 31, 20112002, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March October 31, 20112002 between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated May 7, 2003, effective as of June 1March 31, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 1418, 20112003, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6August 11, 2012 2003, as further amended by a certain Fourth Loan Modification Agreement dated as of September 30, 2003, and as further amended by a certain Fifth Loan Modification Agreement dated as of March 31, 2004 (as may be further amended from time to time, the “"Loan Agreement”) "), and (ii) a certain Export-Import Bank Loan and Security Agreement, Negative Pledge Agreement dated as of March October 31, 2011 2002 (as may be amended from time to time, the “EXIM Loan "Negative Pledge Agreement”"), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement. Hereinafter, all indebtedness and obligations owing by Borrower to Bank shall be referred to as the "Obligations".

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31December 19, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of December 19, 2011, as amended by a certain First Loan Modification Agreement, dated as of August 28, 2012, as further amended by a certain Second Loan Modification and Reinstatement Agreement, dated as of November 13, 2012 as further amended by a certain Third Loan Modification Agreement, dated as of March 3127, 2011 (2013, as may be further amended from time to timeby a certain Joinder and Fourth Loan Modification Agreement, dated as of September 26, 2013, as further amended by a certain Fifth Loan Modification Agreement, dated as of November 5, 2013, as further amended by a certain Joinder and Sixth Loan Modification Agreement, dated as of June 6, 2014 and as further amended by a certain Seventh Loan Modification and Waiver Agreement, dated as of November 19, 2014(as amended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 3111, 20112009, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 3111, 20112009, as amended by that a certain Consent and First Loan Modification Agreement (Domestic), dated as of June 1December 15, 20112009 as further amended by a certain Second Loan Modification Agreement (Domestic), dated as of December 17, 2010, as further amended by that a certain Consent and Second Third Loan Modification Agreement (Domestic), dated as of June 1429, 2011, 2011 and as further amended by that a certain Consent and Third Fourth Loan Modification Agreement (Domestic), dated as of December 6September 30, 2012 2011 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 3111, 2009, as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as of December 15, 2009, as further amended by a certain Export-Import Bank Second Loan Modification Agreement, dated as of December 17, 2010 and as further amended by a certain Export-Import Bank Third Loan Modification Agreement, dated as of September 30, 2011 (as may be amended from time to time, the “EXIM Bank Loan and Security Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31February 20, 20112008, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31February 20, 20112008, as amended by that certain Consent and First Loan Modification Agreement Agreement, dated as of June 1, 2011the First Loan Modification Effective Date, as further amended by that certain Consent and Second Loan Modification Agreement Agreement, dated as of the Second Loan Modification Effective Date, as further amended by that certain Third Loan Modification Agreement, dated as of September 29, 2009, as further amended by that certain Waiver and Fourth Loan Modification Agreement, dated as of February 18, 2010, as further amended by that certain Fifth Loan Modification Agreement, dated as of March 10, 2010, as further amended by that certain Sixth Loan Modification Agreement, dated as of April 22, 2010, as further amended by that certain Seventh Loan Modification Agreement, dated as of June 1416, 2011, 2010 and as further amended by that certain Consent and Third Eighth Loan Modification Agreement Agreement, dated as of December 6August 3, 2012 2010 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bankthe Lenders, Borrower is indebted to Bank the Lenders pursuant to a loan arrangement dated as of March 31December 29, 20112004, evidenced by, among other documents, (i) a certain Loan and Security Agreement (Growth Capital Loan) dated as of March 31December 29, 20112004, between Borrower and the Lenders, as amended by that a certain Consent and First Loan Modification Agreement dated as of March 25, 2005, between Borrower and the Lenders, as amended by that certain Second Loan Modification Agreement (Growth Capital Loan) dated as of June 121, 20112005, between Borrower and the Lenders, as amended by a certain Third Loan Modification Agreement (Growth Capital Loan) dated as of November 9, 2005, between Borrower and the Lenders, as further amended by that a certain Consent Default Waiver and Second Third Amendment to Loan Modification and Security Agreement (Growth Capital Loan) dated as of June 14August 22, 20112006, between Borrower and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2012 the Lenders (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31August 29, 20112019, evidenced by, among other documents, (i) a certain Xxxxxxx and Restated Loan and Security Agreement dated as of March 31August 29, 20112019, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1March 9, 20112020, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 1419, 20112020, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6March 22, 2012 2021, as further amended by a certain Fourth Loan Modification Agreement dated as of May 19, 2022, as further amended by a certain Fifth Loan Modification Agreement dated as of October 1, 2022, and as further amended and affected by a certain Xxxxxxx and Sixth Loan Modification Agreement dated as of January 12, 2023 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 19, 20112008, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31June 19, 20112008, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1April 16, 20112009, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 1418, 20112009, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of March 24, 2010, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of March 24, 2011, between Borrower and Bank, and as further amended by a certain Fifth Loan Modification Agreement dated as of December 628, 2012 2011, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31May 14, 20112021, evidenced by, among other documents, (i) a certain Third Amended and Restated Loan and Security Agreement dated as of March 31May 14, 20112021, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1May 13, 20112022, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 1413, 20112022, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6July 11, 2012 2022, as further amended and affected by a certain Xxxxxxx and Fourth Loan Modification Agreement dated as of July 25, 2022, and as affected and amended by that certain Letter Agreement dated as of April 7, 2023 (as has been and as may be amended further amended, modified, restated, replaced or supplemented from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 20112008, evidenced by, among other documents, (i) a certain Fourth Amended and Restated Loan and Security Agreement dated as of March 31, 20112008, among Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1March 30, 20112009, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14August 27, 20112009, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 631, 2012 2009, as further amended by a certain Fourth Loan Modification Agreement dated as of April 15, 2010, as further amended by a certain Fifth Loan Modification Agreement dated as of July 12, 2010, and as further amended by a certain Sixth Loan Modification Agreement dated as of July 16, 2010 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 13, 20112002, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31June 13, 20112002, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1September 27, 20112002, as further amended by that a certain Consent and Amendment dated as of October 4, 2002, as further amended by a certain Second Loan Modification Agreement dated as of June 14December 24, 20112002, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of October 20, 2003, as further amended by a certain Fourth Loan Modification Agreement dated November 26, 2003, as further amended by a certain Letter Agreement dated June 16, 2004, as further amended by a certain Fifth Loan Modification Agreement dated June 30, 2004, as further amended by a certain Sixth Loan Modification Agreement dated November 24, 2004, and as further amended by a certain Seventh Loan Modification Agreement dated December 621, 2012 2004 (as may be amended from time to timeamended, the “"Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”"), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 3, 20112007, but effective as of December 29, 2006, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31January 3, 20112007, but effective as of December 29, 2006, by and between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1February 2, 20112007, as further amended by that a certain Consent and Second Loan Modification Agreement Agreement, dated as of June 14February 13, 20112008 but effective as of December 27, and 2007, as further amended by that a certain Consent Waiver and Third Loan Modification Agreement Agreement, dated as of December 6November 14, 2012 (2008, as may be further amended from time to time, the “Loan Agreement”) and (ii) by a certain Export-Import Bank Waiver and Fourth Loan and Security Modification Agreement, dated as of February 17, 2009, as further modified by a certain Fifth Loan Modification Agreement, dated as of March 31, 2011 2009, as further amended by a certain Sixth Loan Modification Agreement, entered into as of June 24, 2009, with an effective date of June 1, 2009, and as further amended by a certain Seventh Loan Modification Agreement entered into as of September 9, 2009, in each case by and between Borrower and Bank (as may be amended from time to timeamended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as defined in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31December 19, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of December 19, 2011, as amended by a certain First Loan Modification Agreement, dated as of August 28, 2012, as further amended by a certain Second Loan Modification and Reinstatement Agreement, dated as of November 13, 2012, as further amended by a certain Third Loan Modification Agreement, dated as of March 3127, 2011 2013, as further amended by a certain Joinder and Fourth Loan Modification Agreement, dated as of September 26, 2013, as further amended by a certain Fifth Loan Modification Agreement, dated as of November 5, 2013, and as further amended by a certain Joinder and Sixth Loan Modification Agreement, dated as of June 6, 2014 (as may be amended from time to timeamended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of March 31November 30, 2011, as amended by that a certain Consent and First Loan Modification Agreement (Domestic), dated as of June 1March 30, 20112012, as further amended by that a certain Consent and Second Loan Modification and Waiver Agreement (Domestic), dated as of May 1, 2012, as further amended by a certain Third Loan Modification Agreement, dated as of May 7, 2012, as further amended by a certain Fourth Loan Modification Agreement (Domestic), dated as of December 28, 2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic), dated as of March 29, 2013 as further mended by a certain Sixth Loan Modification and Waiver Agreement (Domestic), dated as of June 1428, 20112013, as further amended by a certain Seventh Loan Modification and Waiver Agreement (Domestic), dated as of July 31, 2013 and as further amended by that a certain Consent and Third Eighth Loan Modification Agreement (Domestic), dated as of December 6August 30, 2012 2013 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112003, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112003 between Borrower, Aspentech, Inc. and Bank, as amended by that a certain Consent and letter agreement dated February 14, 2003, a certain First Loan Modification Agreement dated as of June 127, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of September 10, 2004, a certain Third Loan Modification Agreement dated January 28, 2005, a certain Fourth Loan Modification Agreement dated April 1, 2005, a certain Fifth Loan Modification Agreement dated May 6, 2005, a certain Sixth Loan Modification Agreement dated June 1415, 20112005, a certain Seventh Loan Modification Agreement dated September, 2005, a certain Eighth Amendment to Loan and Security Agreement dated November 22, 2005, and as further amended by that a certain Consent and Third Ninth Loan Modification Agreement dated as of December 6July 17, 2012 2006 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bankthe Lenders, Borrower is indebted to Bank the Lenders pursuant to a loan arrangement dated as of March 3129, 20112006, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 3129, 20112006, among Borrower and the Lenders, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1October 16, 20112006, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14March 20, 20112007, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December June 6, 2012 2007, as further amended by a certain Fourth Loan Modification Agreement dated as of March 18, 2008, and as further amended by a certain Fifth Loan Modification Agreement dated as of June 18, 2009, between Borrower and Lenders (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31October 27, 20112008, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement dated as of March 31October 27, 20112008 between Borrower and Bank (the “Original Loan Agreement”), as amended by that a certain Consent First Modification and First Loan Modification Forbearance Agreement dated as of June 1January 31, 20112009 between Borrower and Bank (the “First Amendment”), as further amended modified by that a certain Consent and Second Loan Modification Agreement and Forbearance Agreement, dated as of June 1412, 20112009 (the “Second Amendment”), as further modified by a certain Third Loan Modification and Forbearance Agreement, dated as of July 22, 2009 (the “Third Amendment”), and as further amended modified by that certain Consent and Third Loan Modification Agreement Forbearance Agreements dated as of December 6August 25, 2012 2009 and September 13, 2009 (collectively, the “Forbearance Agreements”, and together with the First Amendment, the Second Amendment, the Third Amendment and the Original Loan Agreement, and as may be further amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 3, 20112007, but effective as of December 29, 2006, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31January 3, 20112007, but effective as of December 29, 2006, by and between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1February 2, 20112007, as further amended by that a certain Consent and Second Loan Modification Agreement Agreement, dated as of June 14February 13, 20112008 but effective as of December 27, and 2007, as further amended by that a certain Consent Waiver and Third Loan Modification Agreement Agreement, dated as of December 6November 14, 2012 (2008, as may be further amended from time to time, the “Loan Agreement”) and (ii) by a certain Export-Import Bank Waiver and Fourth Loan and Security Modification Agreement, dated as of February 17, 2009, as further modified by a certain Fifth Loan Modification Agreement, dated as of March 31, 2011 2009, and as further amended by a certain Sixth Loan Modification Agreement, entered into as of June 24, 2009, with an effective date of June 1, 2009, in each case by and between Borrower and Bank (as may be amended from time to timeamended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as defined in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 19, 20112008, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31June 19, 20112008, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1April 16, 20112009, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 1418, 20112009, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of March 24, 2010, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of March 24, 2011, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of December 628, 2012 2011, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of August 13, 2012, between Borrower and Bank and as further amended by a certain Seventh Loan Modification Agreement, dated as of March 1, 2013 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31August 19, 20112009, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31August 19, 20112009 between Borrower and Bank, as amended by that certain Consent and a First Loan Modification Agreement dated as of June 1October 19, 20112009 between Borrower and Bank, as further amended by that certain a Consent and Second Loan Modification Agreement dated as of June 14January 6, 20112010 between Borrower and Bank, and as further amended by that certain a Consent and Third Loan Modification Agreement dated March 1, 2010 between Borrower and Bank as of December 6amended by a Joinder and Fourth Loan Modification Agreement dated April 7, 2012 2010 between Borrower and Bank and as further amended by a Waiver and Fifth Loan Modification Agreement dated August 30, 2010 between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112009, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112009, between Borrower and Bank, as amended by that certain Consent and a First Loan Modification and Reinstatement Agreement dated as of June 1April 26, 20112010, as further amended by that certain Consent and a Second Loan Modification Agreement dated as of June 14May 24, 2011, and as further amended by that a certain Consent Third Loan Modification and Third Reinstatement Agreement dated as of December 12, 2012, as further modified by a certain Fourth Loan Modification and Reinstatement Agreement dated as of February 27, 2014 (the “Fourth Loan Modification”), as further amended by a certain Fifth Loan Modification Agreement dated as of December 6February 19, 2012 2015, and as further amended by a certain Sixth Loan Modification Agreement dated as of April 28, 2015 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31December 19, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of December 19, 2011, as amended by a certain First Loan Modification Agreement, dated as of August 28, 2012, as further amended by a certain Second Loan Modification and Reinstatement Agreement, dated as of November 13, 2012 as further amended by a certain Third Loan Modification Agreement, dated as of March 3127, 2011 2013, as further amended by a certain Joinder and Fourth Loan Modification Agreement, dated as of September 26, 2013, as further amended by a certain Fifth Loan Modification Agreement, dated as of November 5, 2013, as further amended by a certain Joinder and Sixth Loan Modification Agreement, dated as of June 6, 2014, as further amended by a certain Seventh Loan Modification and Waiver Agreement, dated as of November 19, 2014 and as further amended by a certain Eighth Loan Modification Agreement, dated as of January 30, 2015 (as may be amended from time to timeamended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 13, 20112002, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31June 13, 20112002, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1September 27, 20112002, as further amended by that a certain Consent and Amendment dated as of October __, 2002, as further amended by a certain Second Loan Modification Agreement dated as of June 14December 24, 20112002, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6October 20, 2012 2003, as further amended by a certain Fourth Loan Modification Agreement dated November 26, 2003, as further amended by a certain Letter Agreement dated June 16, 2004, as further amended by a certain Fifth Loan Modification Agreement dated June 30, 2004, and as further amended by a certain Sixth Loan Modification Agreement dated November 24, 2004 (as may be amended from time to timeamended, the “"Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”"), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31, 20112010, as amended by that a certain Consent and First Loan Modification Agreement Agreement, dated as of June 122, 2010, as further amended by a certain Second Loan Modification Agreement, dated as of July 7, 2010, as further amended by a certain Joinder, Waiver and Third Loan Modification Agreement, dated as of November 5, 2010, as further amended by a certain Fourth Loan Modification Agreement, dated as of May 6, 2011, as further amended by that a certain Consent and Second Joinder, Fifth Loan Modification Agreement and Waiver Agreement, dated as of June 14December 16, 2011, as further amended by a certain Sixth Loan Modification Agreement, dated as of May 11, 2012 and as further amended by that a certain Consent and Third Seventh Loan Modification Agreement Agreement, dated as of December 6February 11, 2012 2013 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 13, 20112002, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31June 13, 20112002, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1September 27, 20112002, as further amended by that a certain Consent and Amendment dated as of October 4, 2002, as further amended by a certain Second Loan Modification Agreement dated as of June 14December 24, 20112002, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of October 20, 2003, as further amended by a certain Fourth Loan Modification Agreement dated November 26, 2003, as further amended by a certain Letter Agreement dated June 16, 2004, as further amended by a certain Fifth Loan Modification Agreement dated June 30, 2004, as further amended by a certain Sixth Loan Modification Agreement dated November 24, 2004, as further amended by a certain Seventh Loan Modification Agreement dated December 621, 2012 2004, and as further amended by a certain Eighth Loan Modification Agreement dated December 30, 2005 (as may be amended from time to timeamended, the “"Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”"), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 29, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 29, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1November 30, 20112007, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14July 30, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6November 30, 2012 2008, between Borrower and Bank, as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank, as further amended by a certain Sixth Loan Modification Agreement dated as of March 22, 2010, between Borrower and Bank, as further amended by a certain Seventh Loan Modification Agreement (“Seventh Amendment”) dated as of June 29, 2010, between Borrower and Bank, and as further amended by a certain Eighth Loan Modification Agreement dated as of September 2010, between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31February 20, 20112008, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31February 20, 20112008, as amended by that certain Consent and First Loan Modification Agreement Agreement, dated as of June 1, 2011the First Loan Modification Effective Date, as further amended by that certain Consent and Second Loan Modification Agreement Agreement, dated as of June 14the Second Loan Modification Effective Date, 2011as further amended by that certain Third Loan Modification Agreement, dated as of the Third Loan Modification Effective Date, as further amended by that certain Waiver and Fourth Loan Modification Agreement, dated as of the Fourth Loan Modification Effective Date, as further amended by that certain Fifth Loan Modification Agreement, dated as of the Fifth Loan Modification Effective Date and as further amended by that certain Consent and Third Sixth Loan Modification Agreement Agreement, dated as of December 6April 22, 2012 2010 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March October 31, 20112002, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March October 31, 20112002 between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated May 7, 2003, effective as of June 1March 31, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 1418, 20112003, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6August 11, 2012 2003, as further amended by a certain Fourth Loan Modification Agreement dated as of September 30, 2003, as further amended by a certain Fifth Loan Modification Agreement dated as of March 31, 2004, as further amended by a certain Sixth Loan Modification Agreement dated as of March 29, 2005, and as further amended by a certain Seventh Loan Modification Agreement dated as of September 29, 2005 (as may be further amended from time to time, the “Loan Agreement”) ), and (ii) a certain Export-Import Bank Loan and Security Agreement, Negative Pledge Agreement dated as of March October 31, 2011 2002 (as may be amended from time to time, the “EXIM Loan Negative Pledge Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement. Hereinafter, all indebtedness and obligations owing by Borrower to Bank shall be referred to as the “Obligations”.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31April 17, 20112002, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement dated as of March 31April 17, 20112002 between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1December 24, 20112002, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14February 28, 20112003, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6March 31, 2012 2003, as further amended by a certain Fourth Loan Modification Agreement dated as of February 27, 2004, and as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2004 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement. Hereinafter, the Loan Agreement, together with all other documents evidencing or securing the Obligations shall be referred to as the “Existing Loan Documents”.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31April 17, 20112002, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement dated as of March 31April 17, 20112002 between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1December 24, 20112002, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14February 28, 20112003, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6March 31, 2012 2003, as further amended by a certain Fourth Loan Modification Agreement dated as of February 27, 2004, as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2004, and as further amended by a certain Sixth Loan Modification Agreement dated as of August 8, 2005 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31August 10, 20112006, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31August 10, 20112006, between Borrower and Bank, as affected by a certain Waiver Agreement dated as of June 8, 2008, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1August 8, 20112008, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 17, 20112008, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6October 8, 2012 2008, as further amended by a certain Fourth Loan Modification Agreement dated as of March 16, 2009, as further amended by a certain Fifth Loan Modification Agreement dated as of June 29, 2009, and as further amended by a certain Sixth Loan Modification Agreement dated as of October 15, 2009 (as may be affected and amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bankthe Lenders, Borrower is indebted to Bank the Lenders pursuant to a loan arrangement dated as of March 3129, 20112006, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 3129, 20112006, among Borrower and the Lenders, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1October 16, 20112006, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14March 20, 20112007, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December June 6, 2012 2007, as further amended by a certain Fourth Loan Modification Agreement dated as of March 18, 2008, as further amended by a certain Fifth Loan Modification Agreement dated as of June 18, 2009, between Borrower and Lenders, and as further amended by a certain Sixth Loan Modification Agreement dated as of August 30, 2010, between Borrower and Lenders (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31February 20, 20112008, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31February 20, 20112008, as amended by that certain Consent and First Loan Modification Agreement Agreement, dated as of June 1, 2011the First Loan Modification Effective Date, as further amended by that certain Consent and Second Loan Modification Agreement Agreement, dated as of June 14the Second Loan Modification Effective Date, 2011as further amended by that certain Third Loan Modification Agreement, dated as of September 29, 2009, as further amended by that certain Waiver and Fourth Loan Modification Agreement, dated as of February 18, 2010, as further amended by that certain Fifth Loan Modification Agreement, dated as of March 10, 2010, as further amended by that certain Sixth Loan Modification Agreement, dated as of April 22, 2010 and as further amended by that certain Consent and Third Seventh Loan Modification Agreement Agreement, dated as of December 6June 16, 2012 2010 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 7, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31June 7, 20112007, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1December 8, 2008, as further amended by a certain Second Loan Modification Agreement dated as of December 7, 2009, as further amended by a certain Third Loan Modification Agreement dated as of February 7, 2010, as further amended by a certain Fourth Loan Modification Agreement dated as of March 7, 2011, as further amended by that a certain Consent and Second Fifth Loan Modification Agreement dated as of June 14December 30, 2011, and as further amended by that a certain Consent and Third Sixth Loan Modification Agreement dated as of December 6October 20, 2012 2014 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 16, 20112009, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of March 31November 16, 20112009, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement (Exim) dated as of June 115, 2010, as further amended by a certain Second Loan Modification Agreement (Exim) dated as of November 8, 2011, as further amended by that a certain Consent and Second Third Loan Modification Agreement (Exim) dated as of December 30, 2011, as further amended by a certain Fourth Loan Modification Agreement (Exim) dated as of December 20, 2012, as further amended by a certain Fifth Loan Modification Agreement (Exim) dated as of June 1412, 20112013, and as further amended by that a certain Consent and Third Sixth Loan Modification Agreement (Exim) dated as of December 6September 3, 2012 2013 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March October 31, 20112002, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March October 31, 20112002 between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated May 7, 2003, effective as of June 1March 31, 20112003, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 1418, 20112003, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6August 11, 2012 2003, as further amended by a certain Fourth Loan Modification Agreement dated as of September 30, 2003 (as may be further amended from time to time, the “"Loan Agreement”) "), and (ii) a certain Export-Import Bank Loan and Security Agreement, Negative Pledge Agreement dated as of March October 31, 2011 2002 (as may be amended from time to time, the “EXIM Loan "Negative Pledge Agreement”"), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement. Hereinafter, all indebtedness and obligations owing by Borrower to Bank shall be referred to as the "Obligations".

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 16, 20112009, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement dated as of March 31November 16, 20112009, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement (Domestic) dated as of June 115, 2010, as further amended by a certain Second Loan Modification Agreement (Domestic) dated as of November 8, 2011, as further amended by that a certain Consent and Second Third Loan Modification Agreement (Domestic) dated as of December 30, 2011, as further amended by a certain Fourth Loan Modification Agreement (Domestic) dated as of December 20, 2012, as further amended by a certain Fifth Loan Modification Agreement (Domestic) dated as of June 1412, 20112013, and as further amended by that a certain Consent and Third Sixth Loan Modification Agreement (Domestic) dated as of December 6September 3, 2012 2013 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31, 20112010, as amended by that a certain Consent and First Loan Modification Agreement Agreement, dated as of June 122, 2010, as further amended by a certain Second Loan Modification Agreement, dated as of July 7, 2010, as further amended by a certain Joinder, Waiver and Third Loan Modification Agreement, dated as of November 5, 2010, as further amended by a certain Fourth Loan Modification Agreement, dated as of May 6, 2011, as further amended by that a certain Consent and Second Joinder, Fifth Loan Modification Agreement and Waiver Agreement, dated as of June 14December 16, 2011, 2011 and as further amended by that a certain Consent and Third Sixth Loan Modification Agreement Agreement, dated as of December 6May 11, 2012 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 9, 2011, evidenced by, among other documents, (i) a that certain Loan and Security Agreement between Borrower and Bank dated as of March 31June 9, 2011, as amended by that certain Consent and First Loan Modification Agreement between Borrower and Bank dated as of March 13, 2012, as amended by that certain Second Loan Modification Agreement between Borrower and Bank dated as of June 18, 20112012, as further amended by that certain Consent and Second Third Loan Modification Agreement between Borrower and Bank dated as of June 14July 10, 20112012, as amended by that certain Fourth Loan Modification Agreement between Borrower and Bank dated as of September 20, 2012, as amended by that certain Fifth Loan Modification Agreement between Borrower and Bank dated as of September 12, 2013, as amended by that certain Sixth Loan Modification Agreement between Borrower and Bank dated as of September 18, 2014, as amended by that certain Seventh Loan Modification Agreement between Borrower and Bank dated as of August 5, 2015, and as further amended by that certain Consent and Third Eighth Loan Modification Agreement between Borrower and Bank dated as of December 6November 4, 2012 2015 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31December 19, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of December 19, 2011, as amended by a certain First Loan Modification Agreement, dated as of August 28, 2012, as further amended by a certain Second Loan Modification and Reinstatement Agreement, dated as of November 13, 2012 as further amended by a certain Third Loan Modification Agreement, dated as of March 3127, 2011 2013, as further amended by a certain Joinder and Fourth Loan Modification Agreement, dated as of September 26, 2013, as further amended by a certain Fifth Loan Modification Agreement, dated as of November 5, 2013 and as further amended by a certain Joinder and Sixth Loan Modification Agreement, dated as of June 6, 2014 (as may be amended from time to timeamended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of March 31November 30, 2011, as amended by that a certain Consent and Export-Import Bank First Loan Modification Agreement Agreement, dated as of June 1March 30, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 20112012, and as further amended by that a certain Consent and Third Second Loan Modification Agreement and Waiver Agreement, dated as of December 6May 1, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Second Amended and Restated Loan and Security AgreementAgreement (Domestic), dated as of November 30, 2011, as amended by a certain First Loan Modification Agreement (Domestic), dated as of March 3130, 2011 2012, as further amended by a certain Second Loan Modification and Waiver Agreement (Domestic), dated as of May 1, 2012 and as further amended by a certain Third Loan Modification Agreement (Domestic), dated on or about the date hereof (as may be amended from time to time, the “EXIM Loan Domestic Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31September 13, 20112010, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31September 13, 20112010, between Borrower and Bank, as further amended by that a certain Consent and First Loan Modification Agreement dated entered into and effective as of June 1March 15, 2011, as further amended by that a certain Consent and Second Loan Modification Agreement Agreement, entered into and effective as of February 2, 2012, as further amended by a certain Third Loan Modification Agreement, dated as of June 14May 31, 20112012, as further amended by a certain Fourth Loan Modification Agreement, dated as of September 26, 2012, as further amended by a certain Joinder and Fifth Loan Modification Agreement, dated as of January 30, 2013, as further amended by a certain Sixth Loan Modification Agreement, dated as of March 29, 2013 and as further amended by that a certain Consent Joinder and Third Seventh Loan Modification Agreement Agreement, dated as of December 6April 30, 2012 2014 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 13, 20112002, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31June 13, 20112002, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1September 27, 20112002, as further amended by that a certain Consent and Amendment dated as of October 4, 2002, as further amended by a certain Second Loan Modification Agreement dated as of June 14December 24, 20112002, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of October 20, 2003, as further amended by a certain Fourth Loan Modification Agreement dated November 26, 2003, as further amended by a certain Letter Agreement dated June 16, 2004, as further amended by a certain Fifth Loan Modification Agreement dated June 30, 2004, as amended by a certain Sixth Loan Modification Agreement dated November 24, 2004, as amended by a certain Seventh Loan Modification Agreement dated December 621, 2012 2004, as amended by a certain Eighth Loan Modification Agreement dated December 30, 2005, as further amended by a certain Ninth Loan Modification Agreement dated as of February 10, 2006, and effective as of February 7, 2006, and as further amended by a certain Tenth Loan Modification Agreement dated as of October 4, 2006 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 16, 20112009, evidenced by, among other documents, (i) a certain Amended and Restated Export-Import Bank Loan and Security Agreement dated as of March 31November 16, 20112009, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement (Exim) dated as of June 115, 2010, as further amended by a certain Second Loan Modification Agreement (Exim) dated as of November 8, 2011, as further amended by that a certain Consent and Second Third Loan Modification Agreement (Exim) dated as of June 14December 30, 2011, as further amended by a certain Fourth Loan Modification Agreement (Exim) dated as of December 20, 2012, and as further amended by that a certain Consent and Third Fifth Loan Modification Agreement (Exim) dated as of December 6June 12, 2012 2013 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 30, 20112009, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31January 30, 20112009, between Borrower and Bank, as amended by that certain Consent and a First Loan Modification and Reinstatement Agreement dated as of June 1April 26, 20112010, as further amended by that certain Consent and a Second Loan Modification Agreement dated as of June 14May 24, 2011, and as further amended by that a certain Consent Third Loan Modification and Third Reinstatement Agreement dated as of December 12, 2012, as further modified by a certain Fourth Loan Modification and Reinstatement Agreement dated as of February 27, 2014 (the “Fourth Loan Modification”), and as further amended by a certain Fifth Loan Modification Agreement dated as of December 6February 19, 2012 2015 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 3113, 20112007, evidenced by, among other documents, (i) a certain Loan and Security Agreement (working capital line of credit) dated as of March 3113, 20112007, among Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1August 11, 20112008, as further amended amend by that a certain Consent and Second Loan Modification Agreement dated as of June 14March 18, 20112009, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December May 4, 2009, as further amended by a certain Fourth Loan Modification Agreement dated as of July 2, 2009 (the “Fourth Loan Modification Agreement”), as further amended by a certain Fifth Loan Modification Agreement dated as of June 11, 2010, and as affected and further amended by a certain Assumption Agreement dated as of May 6, 2012 2011 (as may be amended from time to timeand affected, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31, 2011, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31, 20112010, as amended by that a certain Consent and First Loan Modification Agreement Agreement, dated as of June 122, 2010, as further amended by a certain Second Loan Modification Agreement, dated as of July 7, 2010, as further amended by a certain Joinder, Waiver and Third Loan Modification Agreement, dated as of November 5, 2010, as further amended by a certain Fourth Loan Modification Agreement, dated as of May 6, 2011, as further amended by that a certain Consent and Second Joinder, Fifth Loan Modification Agreement and Waiver Agreement, dated as of June 14December 16, 2011, as further amended by a certain Sixth Loan Modification Agreement, dated as of May 11, 2012, as further amended by a certain Seventh Loan Modification Agreement, dated as of February 11, 2013 and as further amended by that certain Consent and Third Eighth Loan Modification Agreement Agreement, dated as of December 6July 31, 2012 2013 (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 3111, 20112009, evidenced by, among other documents, (i) a certain Export-Import Bank Loan and Security Agreement dated as of March 3111, 20112009, as amended by that a certain Consent and Export-Import Bank First Loan Modification Agreement Agreement, dated as of June 1December 15, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, 2009 and as further amended by that a certain Consent and Third Export-Import Bank Second Loan Modification Agreement Agreement, dated as of December 617, 2012 2010 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security AgreementAgreement (Domestic), dated as of March 3111, 2009, as amended by a certain First Loan Modification Agreement (Domestic), dated as of December 15, 2009, as further amended by a certain Second Loan Modification Agreement (Domestic), dated as of December 17, 2010, as further amended by a certain Third Loan Modification Agreement (Domestic), dated as of June 29, 2011 and as further amended by a certain Fourth Loan Modification and Waiver Agreement (Domestic), dated as of the date hereof (as may be amended from time to time, the “EXIM Loan Domestic Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement and/or the Domestic Agreement, as applicable.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31August 10, 20112006, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31August 10, 20112006, as affected by a certain Waiver Agreement dated as of June 8, 2008, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1August 8, 20112008, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 17, 20112008, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6October 8, 2012 2008, as further amended by a certain Fourth Loan Modification Agreement dated as of March 16, 2009, as further amended by a certain Fifth Loan Modification Agreement dated as of June 29, 2009, as further amended by a certain Sixth Loan Modification Agreement dated as of October 15, 2009, and as further affected by a certain Waiver Agreement dated as of April 12, 2010 (as may be amended from time to timeand affected, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Existing Borrower to Bank, Existing Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 2, 20112015, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31November 2, 20112015, among Existing Borrower and Bank as amended by that certain Consent and First Loan Modification Agreement dated as of June 1March 30, 20112016, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14October 25, 20112016, as further amended by that certain Third Amendment to Loan and Security Agreement dated as of October 17, 2017, as further amended by that certain Fourth Amendment to Loan and Security Agreement dated as of February 27, 2018, as further amended by a certain Fifth Amendment to Loan and Security Agreement dated as of April 22, 2020, as further amended by a certain Sixth Amendment to Loan and Security Agreement dated as of July 22, 2020, as further amended by a certain Seventh Amendment to Loan and Security Agreement dated as of December 23, 2020, and as further amended by that a certain Consent Eighth Amendment to Loan and Third Loan Modification Security Agreement dated as of December 6October 7, 2012 2021 (as has been and may be amended further amended, modified, restated, replaced or supplemented from time to time, time the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31January 3, 20112007, but effective as of December 29, 2006, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31January 3, 20112007, but effective as of December 29, 2006, by and between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1February 2, 20112007, as further amended by that a certain Consent and Second Loan Modification Agreement Agreement, dated as of June February 13, 2008 but effective as of December 27, 2007, as further amended by a certain Waiver and Third Loan Modification Agreement, dated as of November 14, 20112008, as further amended by a certain Waiver and Fourth Loan Modification Agreement, dated as of February 17, 2009, and as further amended modified by that a certain Consent and Third Fifth Loan Modification Agreement dated as of December 6, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 2009, in each case by and between Borrower and Bank (as may be amended from time to timeamended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as defined in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31August 10, 20112006, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31August 10, 20112006, as affected by a certain Waiver Agreement dated as of June 8, 2008, between Borrower and Bank (the “Waiver Agreement”), as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1August 8, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Second Loan Modification Agreement dated as of June 14September 17, 20112008, between Borrower and Bank, as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6October 8, 2012 2008, as amended by a certain Fourth Loan Modification Agreement dated as of March 16, 2009, and as further amended by a certain Fifth Loan Modification Agreement dated as of June 29, 2009, between Borrower and Bank (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31November 30, 2011, evidenced by, among other documents, (i) a certain Second Amended and Restated Loan and Security Agreement (Domestic) dated as of March 31November 30, 2011, as amended by that a certain Consent and First Loan Modification Agreement (Domestic), dated as of June 1March 30, 20112012, as further amended by that a certain Consent and Second Loan Modification and Waiver Agreement (Domestic), dated as of June 14May 1, 2011, 2012 and as further amended by that a certain Consent and Third Loan Modification Agreement Agreement, dated as of December 6May 7, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Amended and Restated Export-Import Bank Loan and Security Agreement, dated as of November 30, 2011, as amended by a certain Export-Import Bank First Loan Modification Agreement, dated as March 3130, 2011 2012, as amended by that certain Export-Import Bank Second Loan Modification and Waiver Agreement, dated as of May 1, 2012, as further amended by that certain Export-Import Bank Third Loan Modification Agreement, dated as of May 7, 2012 (as may be amended from time to time, the “EXIM Bank Loan and Security Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31August 19, 20112009, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31August 19, 20112009 between Borrower and Bank, as amended by that certain Consent and a First Loan Modification Agreement dated as of June 1October 19, 20112009 between Borrower and Bank, as further amended by that certain a Consent and Second Loan Modification Agreement dated as of June 14January 6, 20112010 between Borrower and Bank, and as further amended by that certain a Consent and Third Loan Modification Agreement dated March 1, 2010 between Borrower and Bank, as of December 6further amended by a Joinder and Fourth Loan Modification Agreement dated April 7, 2012 2010 between Borrower and Bank, as further amended by a Waiver and Fifth Loan Modification Agreement dated August 30, 2010 between Borrower and Bank, and as further amended by a Sixth Loan Modification Agreement dated November __, 2010 between Borrower and Bank (as may be amended from time to timeamended, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31June 13, 20112002, evidenced by, among other documents, (i) a certain Amended and Restated Loan and Security Agreement dated as of March 31June 13, 20112002, between Borrower and Bank, as amended by that a certain Consent and First Loan Modification Agreement dated as of June 1September 27, 20112002, as further amended by that a certain Consent and Amendment dated as of October __, 2002, as further amended by a certain Second Loan Modification Agreement dated as of June 14December 24, 20112002, and as further amended by that a certain Consent and Third Loan Modification Agreement dated as of December 6October 20, 2012 2003, as further amended by a certain Fourth Loan Modification Agreement dated November 26, 2003, as further amended by a certain Letter Agreement dated June 16, 2004, as further amended by a certain Fifth Loan Modification Agreement dated June 30, 2004 (as may be amended from time to timeamended, the “"Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of March 31, 2011 (as may be amended from time to time, the “EXIM Loan Agreement”"), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.

DESCRIPTION OF EXISTING INDEBTEDNESS AND OBLIGATIONS. Among other indebtedness and obligations which may be owing by Borrower to Bank, Borrower is indebted to Bank pursuant to a loan arrangement dated as of March 31December 19, 2011, evidenced by, among other documents, (i) a certain Loan and Security Agreement dated as of March 31, 2011, as amended by that certain Consent and First Loan Modification Agreement dated as of June 1, 2011, as further amended by that certain Consent and Second Loan Modification Agreement dated as of June 14, 2011, and as further amended by that certain Consent and Third Loan Modification Agreement dated as of December 6, 2012 (as may be amended from time to time, the “Loan Agreement”) and (ii) a certain Export-Import Bank Loan and Security Agreement, dated as of December 19, 2011, as amended by a certain First Loan Modification Agreement, dated as of August 28, 2012, as further amended by a certain Second Loan Modification and Reinstatement Agreement, dated as of November 13, 2012 as further amended by a certain Third Loan Modification Agreement, dated as of March 3127, 2011 2013, as further amended by a certain Joinder and Fourth Loan Modification Agreement, dated as of September 26, 2013, as further amended by a certain Fifth Loan Modification Agreement, dated as of November 5, 2013, as further amended by a certain Joinder and Sixth Loan Modification Agreement, dated as of June 6, 2014, as further amended by a certain Seventh Loan Modification and Waiver Agreement, dated as of November 19, 2014, as further amended by a certain Eighth Loan Modification Agreement, dated as of January 30, 2015 and as further amended by a certain Ninth Loan Modification Agreement, dated as of March 16, 2015 (as may be amended from time to timeamended, the “EXIM Loan Agreement”), in each case between Borrower and Bank. Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.