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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 30, 2008, between Borrower and Bank, and as further amended by a certain Fourth Loan Modification Agreement dated as of February 26, 2009, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29June 9, 20072011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29June 9, 20072011, between Borrower and Bank, as amended by a that certain First Loan Modification Agreement dated as of November 30March 13, 20072012, between Borrower and Bank, as further amended by a that certain Second Loan Modification Agreement dated as of July 30June 8, 20082012, between Borrower and Bank, and as further amended by a that certain Third Loan Modification Agreement dated as of November 30July 10, 20082012, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29June 9, 20072011, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29June 9, 20072011, between Borrower and Bank, as amended by a that certain First Loan Modification Agreement dated as of November 30March 13, 20072012, between Borrower and Bank, as amended by that certain Second Loan Modification Agreement dated as of June 8, 2012, between Borrower and Bank, as further amended by a that certain Second Third Loan Modification Agreement dated as of July 3010, 20082012, between Borrower and Bank, and as further amended by a that certain Third Fourth Loan Modification Agreement dated as of November 30September 20, 20082012, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29March 28, 20072012, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29March 28, 20072012, between Borrower and Bank, as amended by a that certain First Loan Modification Agreement dated as of November 30July 10, 20072012, between Borrower and Bank, as further amended by a that certain Second Loan Modification Agreement dated as of July 30December 6, 20082012, between Borrower and Bank, as amended by that certain Consent and Third Loan Modification Agreement dated as of December 12, 2013, between Borrower and Bank, and as further amended by a that certain Third Fourth Loan Modification Agreement dated as of November 30March 26, 20082014, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29, 2007, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29, 2007, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 30, 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, and as further amended by a certain Fifth Loan Modification Agreement dated as of April 27, 2009, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29August 5, 20072008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 5, 20072008, between among Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30May 29, 20072009, between among Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30April 23, 20082010, between among Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November July 30, 20082010, between among Borrower and Bank, and as further amended by a certain Joinder Agreement dated as of December 27, 2010, among Borrower and Bank (as amendedcollectively, the “Loan Agreement”). 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 January 29September 13, 20072005, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of January 29September 13, 20072005, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30March 14, 20072006, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30October 31, 20082006, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 3011, 20082006, between Borrower and Bank, and as further amended by a certain Fourth Loan Modification Agreement dated as of March 6, 2007, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29April 30, 20072004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29April 30, 2004, between Borrower and Bank, as amended by a First Loan Modification Agreement dated as of November 3, 2004, between Borrower and Bank, as amended by a Second Loan Modification Agreement dated as of November 8, 2005, between Borrower and Bank, as amended by a Third Loan Modification Agreement dated as of March 12, 2007, between Borrower and Bank, as amended by a certain First Fourth Loan Modification Agreement dated as of November 30December 26, 2007, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30, 2008, between Borrower and Bank, and as further amended by a certain Third Fifth Loan Modification Agreement dated as of November 30February 29, 2008, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29March 28, 20072012, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29March 28, 20072012, between Borrower and Bank, as amended by a that certain First Loan Modification Agreement dated as of November 30July 10, 20072012, between Borrower and Bank, as further amended by a that certain Second Loan Modification Agreement dated as of July 30December 6, 20082012, between Borrower and Bank, and as further amended by a that certain Consent and Third Loan Modification Agreement dated as of November 30December 12, 20082013, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29August 19, 20072009, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of January 29August 19, 2007, 2009 between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30October 19, 2007, 2009 between Borrower and Bank, as further amended by a certain Consent and Second Loan Modification Agreement dated as of July 30January 6, 2008, 2010 between Borrower and Bank, and as further amended by a certain Consent and Third Loan Modification Agreement dated as of November 30March 1, 2008, 2010 between Borrower and Bank (as amended, the “Loan Agreement”). 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 January December 29, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January December 29, 20072003, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30May 28, 20072004, by and between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30December 8, 20082004, by and between Borrower and Bank, as amended by a certain Third Loan Modification Agreement dated as of November 9, 2005, by and between Borrower and Bank, and as further amended by a certain Third Fourth Loan Modification Agreement dated as of November 30January 20, 20082006, but effective as of December 26, 2005, by and between Borrower and Bank (as amended, the “"Loan Agreement”"). 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 January December 29, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January December 29, 20072003, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30May 28, 20072004, by and between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30December 8, 20082004, by and between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 309, 20082005, by and between Borrower and Bank (as amended, the “"Loan Agreement”"). 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 January 29August 11, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 11, 20072003, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November June 30, 20072004, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July November 30, 20082004, between Borrower and Bank, as amended by a certain Third Loan Modification Agreement dated as of November 16, 2006, between Borrower and Bank, and as further amended by a certain Third Fourth Loan Modification Agreement dated as of November 3014, 2008, between Borrower and Bank (as amended, the “Loan Agreement”). 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 certain loan arrangement dated as of January 29June 28, 20072002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29June 28, 20072002, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30December 11, 20072002, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30April 10, 20082003, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November June 30, 20082004, between Borrower and Bank (as amendedmay be further amended from time to time, the “Loan Agreement”). 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 January 29August 20, 20072002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 20, 20072002, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30August 5, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30November 4, 20082003, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 30September 29, 2008, 2004 between Borrower and Bank (as amended, the “"Loan Agreement”). ") 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 January 29April 30, 20072004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29April 30, 20072004, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 303, 20072004, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30November 8, 20082005, between Borrower and Bank, as amended by a Third Loan Modification Agreement dated as of March 12, 2007, between Borrower and Bank, and as further amended by a certain Third Fourth Loan Modification Agreement dated as of November 30December 26, 20082007, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29August 19, 20072009, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of January 29August 19, 2007, 2009 between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated October 19, 2009 between Borrower and Bank, as of November 30amended by a Consent and Second Loan Modification Agreement dated January 6, 2007, 2010 between Borrower and Bank, as further amended by a certain Second Consent and Third Loan Modification Agreement dated as of July 30March 1, 2008, 2010 between Borrower and Bank, Bank and as further amended by a certain Third Joinder and Fourth Loan Modification Agreement dated as of November 30April 7, 2008, 2010 between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29June 19, 20072008, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29June 19, 20072008, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30April 16, 20072009, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30June 18, 20082009, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 30March 24, 20082010, between Borrower and Bank (the “Third Loan Modification Agreement”) (as amended, the “Loan Agreement”). 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 certain loan arrangement dated as of January 29June 28, 20072002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29June 28, 20072002, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30December 11, 20072002, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30April 10, 20082003, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November June 30, 20082004, between Borrower and Bank (as amendedmay be further amended from time to time, the “"Loan Agreement”"). 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 January 29September 13, 20072005, evidenced by, among other documents, a certain Amended and Restated Loan and Security Agreement dated as of January 29September 13, 20072005, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30March 14, 20072006, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30October 31, 20082006, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 3011, 20082006, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29November 18, 20072010, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29November 18, 20072010, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November March 30, 20072011, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 19, 20082011, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 30October 31, 20082011, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29August 10, 20072006, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 10, 20072006, as affected by a certain Waiver Agreement dated as of June 8, 2008, between Borrower and BankBank (the “Waiver Agreement”), as amended by a certain First Loan Modification Agreement dated as of November 30August 8, 20072008, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30September 17, 2008, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 30October 8, 2008, between Borrower and Bank 2008 (as amendedamended from time to time, the “Loan Agreement”). 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 January 29April 30, 20072004, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29April 30, 20072004, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 303, 20072004, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30November 8, 20082005, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 30March 12, 20082007, between Borrower and Bank (as amended, the “Loan Agreement”). 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 January 29August 20, 20072002, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 20, 20072002, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November 30August 5, 20072003, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July 30November 4, 20082003, between Borrower and Bank, as amended by a certain Third Loan Modification Agreement dated September 29, 2004, between Borrower and Bank, and as further amended by a certain Third Fourth Loan Modification Agreement dated as of November 30December 17, 20082004, between Borrower and Bank (as amended, the “"Loan Agreement”). ") 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 January 29August 11, 20072003, evidenced by, among other documents, a certain Loan and Security Agreement dated as of January 29August 11, 20072003, between Borrower and Bank, as amended by a certain First Loan Modification Agreement dated as of November June 30, 20072004, between Borrower and Bank, as further amended by a certain Second Loan Modification Agreement dated as of July November 30, 20082004, between Borrower and Bank, and as further amended by a certain Third Loan Modification Agreement dated as of November 3016, 20082006, between Borrower and Bank (as amended, the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the same meaning as in the Loan Agreement.