Common use of Effect of Agreement; Reaffirmation Clause in Contracts

Effect of Agreement; Reaffirmation. (a) This Agreement shall constitute a Loan Document for all purposes under the Credit Agreement and the other Loan Documents. Except as expressly set forth herein, this Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Agreement shall not constitute a novation of the Credit Agreement or any of the Loan Documents or serve to effect a novation of the obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. (b) Each Loan Party hereby (i) acknowledges that it has reviewed the terms and provisions of the Credit Agreement and this Agreement and consents to this Agreement and the Increase, (ii) agrees that the Lenders (including both existing Lenders and the Additional Lenders) are “Lenders” and “Secured Parties” for all purposes under the Loan Documents to which such Loan Party is a party. Each Loan Party hereby confirms that each Loan Document to which it is a party or otherwise bound, all Liens created thereunder and all Collateral encumbered thereby will continue to guarantee or secure, as the case may be, to the fullest extent possible in accordance with the Loan Documents the payment and performance of all “Obligations” under each of the Loan Documents to which it is a party (in each case as such terms are defined in the applicable Loan Document (as amended hereby)). Each Loan Party acknowledges and agrees that any of the Loan Documents to which it is a party or otherwise bound shall continue in full force and effect and that all of its obligations thereunder shall be valid and enforceable and shall not be impaired or limited by the execution or effectiveness of this Agreement or the Increase.

Effect of Agreement; Reaffirmation. (a) This Agreement shall constitute a Loan Document for all purposes under the Amended and Restated Credit Agreement and the other Loan Documents. Except as expressly set forth herein, this Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Document, and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Agreement shall not constitute a novation of the Credit Agreement or any of the Loan Documents or serve to effect a novation of the obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. (b) Each Loan Party hereby (i) acknowledges that it has reviewed the terms and provisions of the Amended and Restated Credit Agreement and this Agreement and consents to this Agreement and the IncreaseAgreement, (ii) agrees that the Lenders (including both existing Lenders and the Additional Lenders) are “Lenders” and “Secured Parties” for all purposes under the Loan Documents to which such Loan Party is a party. Each Loan Party hereby confirms that each Loan Document to which it is a party or otherwise bound, all Liens created thereunder and all Collateral encumbered thereby will continue to guarantee or secure, as the case may be, to the fullest extent possible in accordance with the Loan Documents the payment and performance of all “Obligations” under each of the Loan Documents to which it is a party (in each case as such terms are defined in the applicable Loan Document (as amended hereby)). Each Loan Party acknowledges and agrees that any of the Loan Documents to which it is a party or otherwise bound shall continue in full force and effect and that all of its obligations thereunder shall be valid and enforceable and shall not be impaired or limited by the execution or effectiveness of this Agreement or the IncreaseAgreement.

Effect of Agreement; Reaffirmation. (a) The Note Purchase Agreement, as amended by this Agreement, represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof. This Agreement supersedes all prior negotiations and any course of dealing between the parties with respect to the subject matter hereof. This Agreement shall constitute a Loan Document for all purposes under be binding upon the Credit Agreement Company and the other Loan Documents. Except as expressly set forth herein, this Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights its successors and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Documentassigns, and shall not alterinure to the benefit of, modifyand be enforceable by, amend or the Noteholders and each of their successors and assigns. The Note Purchase Agreement, as amended hereby, is in any way affect any of the termsfull force and effect and, conditionsas so amended, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document, all of which are is hereby ratified and affirmed reaffirmed in its entirety. The Company acknowledges and agrees that the Note Purchase Agreement (as amended by this Agreement) and all respects and shall continue other Finance Documents to which the Company is a party are in full force and effect, that the Company’s obligations thereunder and under this Agreement are its legal, valid and binding obligations, enforceable against it in accordance with the terms thereof and hereof, and that the Company has no defense, whether legal or equitable, setoff or counterclaim to the payment and performance of such obligations. This The execution, delivery and effectiveness of this Agreement shall not constitute operate as a novation waiver of any right, power or remedy of any Noteholder under ​ the Credit Note Purchase Agreement or any other Finance Document, or constitute a waiver of any provision of the Loan Documents or serve to effect a novation of the obligations outstanding under the Credit Note Purchase Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effectany other Finance Document. (b) Each Loan Party The Company hereby (i) acknowledges that it has reviewed and reaffirms the terms execution and provisions delivery of the Credit Agreement and this Agreement and consents to this Agreement and the Increase, (ii) agrees that the Lenders (including both existing Lenders and the Additional Lenders) are “Lenders” and “Secured Parties” for all purposes under the Loan Documents to which such Loan Party is a party. Each Loan Party hereby confirms that each Loan Document to which it is a party or otherwise bound, all Liens created thereunder and all Collateral encumbered thereby will continue to guarantee or secure, as the case may be, to the fullest extent possible in accordance with the Loan Documents the payment and performance of all “Obligations” under each of the Loan Documents to which it is a party (in each case as such terms are defined in the applicable Loan Document (as amended hereby)). Each Loan Party acknowledges and agrees that any of the Loan such Collateral Documents to which it is a party or otherwise bound shall continue in full force and effect and that continue to secure the Note Obligations, including all indebtedness of the Company to the Noteholders arising under or in connection with the Note Purchase Agreement, as amended hereby, and the Notes, and any renewal, extension or modification thereof. (c) By signing the acknowledgment below, each Guarantor hereby acknowledges and reaffirms the execution and delivery of its obligations thereunder respective Guaranty Agreement and each Collateral Document and each other Finance Document to which it is a party, and agrees that such Finance Documents shall be valid continue in full force and enforceable effect and shall not be impaired continue to guarantee or limited by secure, as applicable, all Note Obligations, including all indebtedness of the execution Company to the Noteholders arising under or effectiveness of this Agreement in connection with the Note Purchase Agreement, as amended hereby, and the Notes, and any renewal, extension or modification thereof, and the Increasedocuments executed in connection therewith.

Effect of Agreement; Reaffirmation. (a) The Note Purchase Agreement, as amended by this Agreement, represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof. ​ This Agreement supersedes all prior negotiations and any course of dealing between the parties with respect to the subject matter hereof. This Agreement shall constitute a Loan Document for all purposes under be binding upon the Credit Agreement Company and the other Loan Documents. Except as expressly set forth herein, this Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights its successors and remedies of the Lenders or the Agent under the Credit Agreement or any other Loan Documentassigns, and shall not alterinure to the benefit of, modifyand be enforceable by, amend or the Noteholders and each of their successors and assigns. The Note Purchase Agreement, as amended hereby, is in any way affect any of the termsfull force and effect and, conditionsas so amended, obligations, covenants or agreements contained in the Credit Agreement or any other provision of the Credit Agreement or any other Loan Document, all of which are is hereby ratified and affirmed reaffirmed in its entirety. The Company acknowledges and agrees that the Note Purchase Agreement (as amended by this Agreement) and all respects and shall continue other Finance Documents to which the Company is a party are in full force and effect, that the Company’s obligations thereunder and under this Agreement are its legal, valid and binding obligations, enforceable against it in accordance with the terms thereof and hereof, and that the Company has no defense, whether legal or equitable, setoff or counterclaim to the payment and performance of such obligations. This The execution, delivery and effectiveness of this Agreement shall not constitute operate as a novation waiver of any right, power or remedy of any Noteholder under the Credit Note Purchase Agreement or any other Finance Document, or constitute a waiver of any provision of the Loan Documents or serve to effect a novation of the obligations outstanding under the Credit Note Purchase Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effectany other Finance Document. (b) Each Loan Party The Company hereby (i) acknowledges that it has reviewed and reaffirms the terms execution and provisions delivery of the Credit Agreement and this Agreement and consents to this Agreement and the Increase, (ii) agrees that the Lenders (including both existing Lenders and the Additional Lenders) are “Lenders” and “Secured Parties” for all purposes under the Loan Documents to which such Loan Party is a party. Each Loan Party hereby confirms that each Loan Document to which it is a party or otherwise bound, all Liens created thereunder and all Collateral encumbered thereby will continue to guarantee or secure, as the case may be, to the fullest extent possible in accordance with the Loan Documents the payment and performance of all “Obligations” under each of the Loan Documents to which it is a party (in each case as such terms are defined in the applicable Loan Document (as amended hereby)). Each Loan Party acknowledges and agrees that any of the Loan such Collateral Documents to which it is a party or otherwise bound shall continue in full force and effect and that continue to secure the Note Obligations, including all indebtedness of the Company to the Noteholders arising under or in connection with the Note Purchase Agreement, as amended hereby, and the Notes, and any renewal, extension or modification thereof. (c) By signing the acknowledgment below, each Guarantor hereby acknowledges and reaffirms the execution and delivery of its obligations thereunder respective Guaranty Agreement and each Collateral Document and each other Finance Document to which it is a party, and agrees that such Finance Documents shall be valid continue in full force and enforceable effect and shall not be impaired continue to guarantee or limited by secure, as applicable, all Note Obligations, including all indebtedness of the execution Company to the Noteholders arising under or effectiveness of this Agreement in connection with the Note Purchase Agreement, as amended hereby, and the Notes, and any renewal, extension or modification thereof, and the Increasedocuments executed in connection therewith.