Common use of Effect of Amendment; No Novation Clause in Contracts

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks 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 Loan Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, shall refer to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each Loan Document, shall mean the Credit Agreement as so amended. (c) This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 10 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. On and after the Amendment No. 10 Effective Date, each reference in the Guarantee and Collateral Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the “Guarantee and Collateral Agreement”, in any other Loan Document shall be deemed a reference to the Guarantee and Collateral Agreement as amended hereby. (d) The parties hereto specifically acknowledge hereby consent to the Required Lender Amendments upon the terms and agree that subject to the extension conditions set forth herein. Upon the Amendment No. 10 Effective Date, all conditions and requirements set forth in the Existing Credit Agreement or the other Loan Documents relating to the effectiveness of this Amendment Agreement, including the Required Lender Amendments, shall be deemed satisfied. (e) Nothing contained in this Amendment Agreement, the Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of any of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisObligations.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, Agent or the Lenders or the Issuing Banks 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, obligationsobligations (including, for the avoidance of doubt, any guarantee obligations and indemnity obligations of the Guarantors), covenants or agreements contained in 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 in accordance with the provisions thereofeffect. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On From and after the Amendment Effective Date, each reference in the Credit Agreement to terms “Agreement”, “this Agreement”, “hereunderherein”, “hereinafter”, “hereto”, “hereof”, “herein”, or ” and words of like similar import, as used in the Credit Agreement, shall refer to the Credit Agreement as amended hereby by this Amendment, and the term “Credit Agreement”, as used in each any Loan Document, shall mean the Credit Agreement as so amended. (c) amended by this Amendment. This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (dc) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this This Amendment shall not reduce extinguish the number obligations for the payment of extensions of the Maturity Date permitted to be effected money outstanding under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement or discharge or release any Guarantee thereof. Nothing herein contained shall apply to the extension be construed as a substitution or novation of the Maturity Date effected pursuant to Obligations outstanding under the Credit Agreement or the Guarantee Agreement, which shall remain in full force and effect, except as modified hereby. Nothing expressed or implied in this Amendment or any other document contemplated hereby shall be construed as if such extension was effected under Section 2.12(d) a release or other discharge of the Borrower under the Credit Agreement, mutatis mutandisAgreement or any Loan Party under any Loan Document from any of its obligations and liabilities thereunder.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 5 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that hereby consent to the extension establishment of the Maturity Date effected pursuant Delayed Draw Commitments and the Required Lender Amendments upon the terms and subject to the conditions set forth herein. Upon the Amendment No. 5 Effective Date, all conditions and requirements set forth in the Existing Credit Agreement or the other Loan Documents relating to the effectiveness of this Amendment Agreement, including the Required Lender Amendments, shall not reduce be deemed satisfied. (e) Nothing contained in this Amendment Agreement, the number Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of extensions any of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisObligations.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, the Lenders Issuing Lenders, the Swing Line Lender or the Issuing Banks Lenders under the Existing 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 Existing Credit Agreement or any other Loan Document, all of which shall continue in full force and effect in accordance with the provisions thereof. . (b) Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, import shall refer to the Existing Credit Agreement as amended hereby hereby, and the term “Credit Agreement”, as used in each any Loan Document, shall mean the Existing Credit Agreement as so amended. (c) amended hereby. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that This Agreement shall not extinguish the extension obligations for the payment of money outstanding under the Existing Credit Agreement. Nothing herein contained shall be construed as a substitution or novation of the Maturity Date effected pursuant to Obligations outstanding under the Existing Credit Agreement. Nothing expressed or implied in this Amendment Agreement, the Existing Credit Agreement or any other document contemplated hereby or thereby shall not reduce the number of extensions be construed as a release or other discharge of the Maturity Date permitted to be effected Company under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Existing Credit Agreement shall apply to the extension or any Loan Party under any Loan Document from any of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisits obligations and liabilities thereunder.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or Canadian Administrative Agent, the Issuing Banks or the Lenders under the Credit Agreement or any other Loan Basic 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 Loan Basic Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Basic Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Amendment No. 3 Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, as used in the Amended Credit Agreement, shall refer to the Credit Agreement as amended hereby by this Amendment, and the term “Credit Agreement”, as used in each Loan any Basic Document, shall mean the Amended Credit Agreement. This Amendment shall constitute a “Basic Document” for all purposes of the Amended Credit Agreement as so amendedand the other Basic Documents. (c) This Amendment shall constitute a “Loan Document” not extinguish the obligations for all purposes the payment of money outstanding under the Credit Agreement or discharge or release any Guarantee thereof. Nothing expressed or implied in this Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of Parent or the Company under the Credit Agreement or any Obligor under any Basic Document (as defined in the Credit Agreement) from any of its obligations and the other Loan Documentsliabilities thereunder. (d) The It is the intent of the parties hereto, and the parties hereto specifically acknowledge and agree agree, that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) constitute a novation of the Credit Agreement, mutatis mutandisany other Basic Document (as defined in the Credit Agreement) or any of the rights, obligations or liabilities thereunder.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative any Agent, the Lenders any Arranger, any Lender, any Issuing Bank or the Issuing Banks Swing Line Lender under the Credit Agreement or any other Loan Credit 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 Loan Credit Document, all of which which, as amended, supplemented or otherwise modified hereby, are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereofeffect. Nothing herein shall be deemed to entitle any Loan Credit Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Credit Document in similar or different circumstances, except as expressly set forth herein. (b) . This Amendment shall constitute a Credit Document for all purposes of the Credit Agreement and the other Credit Documents. On and after the Amendment No. 2 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference in any other Credit Document to the “Credit Agreement”, shall refer be deemed to be a reference to the Credit Agreement as amended hereby and hereby. (a) Neither this Amendment nor the term “Credit Agreement”, as used in each Loan Document, shall mean effectiveness of the amendments to the Credit Agreement as so amended. (c) This Amendment effected hereby shall constitute a “Loan Document” extinguish the obligations for all purposes the payment of the Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected money outstanding under Section 2.12(d) of the Credit Agreement; provided that the provisions . Nothing herein contained shall be construed as a substitution or novation of Section 2.03(f) and 2.05(b) any of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected obligations outstanding under Section 2.12(d) of the Credit Agreement, mutatis mutandiswhich shall remain in full force and effect, except as modified hereby.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative AgentLenders, the Lenders Issuing Lender, the Collateral Agent or the Issuing Banks Administrative Agent under any Loan Documents, and, except as set forth in the Amended Credit Agreement, the Amended Guarantee and Collateral Agreement or any and the other Loan DocumentDocuments, 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 Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereofeffect. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement, the Existing Guarantee and Collateral Agreement, the Amended Guarantee and Collateral Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, shall refer to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each Loan Document, shall mean the Credit Agreement as so amended. (c) . This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement, the Existing Guarantee and Collateral Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein and in the Amended Credit Agreement, this Amendment and the Amended Credit Agreement shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, the Lenders Issuing Banks, the Swing Line Lender or the Issuing Banks Lenders under the Existing Credit Agreement, the Security 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 Existing Credit Agreement, the Security Agreement or any other Loan Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement, the Security Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, as used in the Amended Credit Agreement, shall refer to the Existing Credit Agreement as amended hereby hereby, and the term “Credit Agreement”, as used in each any Loan Document, shall mean the Amended Credit Agreement as so amended. (c) Agreement. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, any Issuing Bank, the Lenders Swingline Lender or the Issuing Banks other Lenders under the Credit Agreement or any and the other Loan DocumentDocuments, 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 of the other Loan DocumentDocuments, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereofeffect. Nothing herein shall be deemed to entitle any Loan Party Xxxxxx USA or the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document as amended hereby in similar or different circumstances, except as expressly set forth herein. (ba) On and after the Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference in any other Loan Document to the “Credit Agreement”, shall refer be deemed to be a reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each Loan Document, shall mean the Credit Agreement as so amendedhereby. (cb) This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 4 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge definitions of “Applicable Margin” and agree that the extension “Commitment Fee Percentage” in Section 1.01 of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Amended Credit Agreement shall apply shall, with respect to the extension of Revolving Credit Loans, apply and be effective on and after the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.No. 4

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 7 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension definition of “Applicable Margin” in Section 1.01 of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Amended Credit Agreement shall apply to and be effective on and after the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.No. 7

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (a) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Amendment No. 1 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (dc) The parties hereto specifically acknowledge and agree that the extension definition of “Applicable Margin” in Section 1.01 of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Amended Credit Agreement shall apply to and be effective on and after the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.No. 1

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or Canadian Administrative Agent, the Issuing Banks or the Lenders under the Credit Agreement or any other Loan Basic 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 Loan Basic Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Basic Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Amendment No. 2 Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, as used in the Amended Credit Agreement, shall refer to the Credit Agreement as amended hereby by this Amendment, and the term “Credit Agreement”, as used in each Loan any Basic Document, shall mean the Amended Credit Agreement. This Amendment shall constitute a “Basic Document” for all purposes of the Amended Credit Agreement as so amendedand the other Basic Documents. (c) This Amendment shall constitute a “Loan Document” not extinguish the obligations for all purposes the payment of money outstanding under the Credit Agreement or discharge or release any Guarantee thereof. Nothing expressed or implied in this Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of Parent or the Company under the Credit Agreement or any Obligor under any Basic Document (as defined in the Credit Agreement) from any of its obligations and the other Loan Documentsliabilities thereunder. (d) The It is the intent of the parties hereto, and the parties hereto specifically acknowledge and agree agree, that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) constitute a novation of the Credit Agreement, mutatis mutandisany other Basic Document (as defined in the Credit Agreement) or any of the rights, obligations or liabilities thereunder.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Effective Amendment No. 13 Implementation Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that Nothing contained in this Amendment Agreement, the extension Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of any of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisObligations.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. On and after the Amendment Effective Date, each reference in the Guarantee and Collateral Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import, and each reference to the “Guarantee and Collateral Agreement”, in any other Loan Document shall be deemed a reference to the Guarantee and Collateral Agreement, as amended by this Amendment Agreement. (d) The parties hereto specifically acknowledge and agree that the extension definition of “Applicable Margin” in Section 1.01 of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Amended Credit Agreement shall apply to and be effective on and after the extension Amendment Effective Date. The definition of “Applicable Margin” in Section 1.01 of the Maturity Date effected pursuant to this Existing Credit Agreement shall apply and be effective for the period ending on, but not including, the Amendment as if such extension was effected under Section 2.12(dEffective Date. (e) In connection with (i) the conversion of the Existing Term Loans of each Consenting Term Loan A Lender into Standby Loans under the Amended Credit Agreement, mutatis mutandis(ii) the payments referred to in Section 5(b) above and (iii) the assignments referred to Section 6 above, each Lender party hereto hereby agrees to waive such amounts (if any) to which it is entitled to be compensated by the Borrower pursuant to Section 2.21 of the Existing Credit Agreement in connection with such conversion, payment and assignment, as applicable. (f) Nothing contained in this Amendment Agreement, the Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of any of the obligations with respect to the Existing Revolving Credit Loans.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect effect. Without limiting the foregoing, (i) the Collateral Documents and all of the Collateral does and shall continue to secure the payment of all Secured Obligations (as defined in accordance the U.S. Security Agreement) (including, for the avoidance of doubt, the New Term Loans) on the terms and conditions set forth in the Collateral Documents as amended hereby and (ii) each Guarantor hereby confirms and ratifies its continuing unconditional obligations as Guarantor under the Guaranty with respect to all of the provisions thereof. Obligations (including, for the avoidance of doubt, the New Term Loans) thereunder under the Amended Credit Agreement and all other Loan Documents as amended pursuant to this Amendment, all on the terms set forth in the Guaranty. (b) Nothing herein shall be deemed to entitle any Loan Party the Borrowers to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that changes to the extension definition of “Applicable Margin” in Section 1.01 of the Maturity Date Amended Credit Agreement effected pursuant to this Amendment Agreement shall not reduce apply and be effective on and after the number Amendment Effective Date. The definition of extensions “Applicable Margin” in Section 1.01 of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Existing Credit Agreement shall apply to and be effective for the extension period ending on, but not including, the Amendment Effective Date. (e) Nothing contained in this Amendment Agreement, the Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of any of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisObligations.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or Lenders, the Issuing Banks or the Swingline Lenders 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 Loan Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, shall refer to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each Loan Document, shall mean the Credit Agreement as so amended. (c) This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section Sections 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 11 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge hereby consent to the amendment effected hereunder upon the terms and agree that subject to the extension conditions set forth herein. Upon the Amendment No. 11 Effective Date, all conditions and requirements set forth in the Existing Credit Agreement or the other Loan Documents relating to the effectiveness of this Amendment Agreement, including the amendments effected hereunder, shall be deemed satisfied. (e) Nothing contained in this Amendment Agreement, the Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of any of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisObligations.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or Canadian Administrative Agent, the Issuing Banks or the Lenders under the Credit Agreement or any other Loan Basic 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 Loan Basic Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Basic Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Amendment No. 5 Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, as used in the Amended Credit Agreement, shall refer to the Credit Agreement as amended hereby by this Amendment, and the term “Credit Agreement”, as used in each Loan any Basic Document, shall mean the Amended Credit Agreement. This Amendment shall constitute a “Basic Document” for all purposes of the Amended Credit Agreement as so amendedand the other Basic Documents. (c) This Amendment shall constitute a “Loan Document” not extinguish the obligations for all purposes the payment of money outstanding under the Credit Agreement or discharge or release any Guarantee thereof. Nothing expressed or implied in this Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of Parent or the Company under the Credit Agreement or any Obligor under any Basic Document (as defined in the Credit Agreement) from any of its obligations and the other Loan Documentsliabilities thereunder. (d) The It is the intent of the parties hereto, and the parties hereto specifically acknowledge and agree agree, that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) constitute a novation of the Credit Agreement, mutatis mutandisany other Basic Document (as defined in the Credit Agreement) or any of the rights, obligations or liabilities thereunder.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not (i) by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders Letter of Credit Issuers or the Issuing Banks Lenders 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, obligationsobligations (including, for the avoidance of doubt, any guarantee obligations and indemnity obligations of the Guarantors and any grants of security interests by the Guarantors), covenants or agreements contained in 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 or (ii) be construed as a substitution or novation of the Obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or securing the same, which shall remain in accordance with full force and effect, except to the provisions thereofextent modified hereby. Nothing herein shall be deemed to entitle any Loan Party Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On From and after the First Amendment Effective Date, each reference in the Credit Agreement to terms “Agreement”, “this Agreement”, “hereunderherein”, “hereto”, “hereof”, “herein”, or ” and words of like similar import, as used in the Credit Agreement, shall refer to the Existing Credit Agreement as amended hereby hereby, and the term “Credit Agreement”, as used in each any Loan Document, shall mean the Credit Agreement. From and after the First Amendment Effective Date, the terms “Agreement”, “this Agreement”, “herein”, “hereto”, “hereof” and words of similar import, as used in the Canadian Guarantee Agreement, shall refer to the Canadian Guarantee Agreement as so amended hereby and as heretofore amended. (c) , supplemented or otherwise modified, and the term “Canadian Guarantee Agreement”, as used in any Loan Document, shall mean the Canadian Guarantee Agreement. This Amendment shall constitute a “Loan Document” and a “Refinancing Amendment” for all purposes of the Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative AgentAgent or the Lenders under the Existing Credit Agreement, the Lenders or the Issuing Banks under the Credit Agreement Security Documents 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 Existing Credit Agreement Agreement, the Security Documents or any other Loan Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement Agreement, as amended hereby, the Security Documents or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the First Amendment Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, as used in the Existing Credit Agreement, shall refer to the Existing Credit Agreement as amended hereby hereby, and the term “Credit Agreement”, as used in each any Loan Document, shall mean the Existing Credit Agreement as so amended. (c) amended hereby. This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents. (dc) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this This Amendment shall not reduce extinguish the number obligations for the payment of extensions money outstanding under the Existing Credit Agreement or discharge or release any Guarantee thereof. Nothing herein contained shall be construed as a substitution or novation of the Maturity Date permitted to Secured Obligations (as defined in the Collateral Agreement) outstanding under the Existing Credit Agreement or the Security Documents, which shall remain in full force and effect. Nothing expressed or implied in this Amendment or any other document contemplated hereby shall be effected under Section 2.12(d) construed as a release or other discharge of the Borrower under the Existing Credit Agreement or any Loan Party under any Loan Document (as defined in the Existing Credit Agreement; provided that the provisions ) from any of Section 2.03(f) its obligations and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisliabilities thereunder.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or Canadian Administrative Agent, the Issuing Banks or the Lenders under the Credit Agreement or any other Loan Basic 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 Loan Basic Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Basic Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Amendment No. 1 Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, as used in the Amended Credit Agreement, shall refer to the Credit Agreement as amended hereby by this Amendment, and the term “Credit Agreement”, as used in each Loan any Basic Document, shall mean the Amended Credit Agreement. This Amendment shall constitute a “Basic Document” for all purposes of the Amended Credit Agreement as so amendedand the other Basic Documents. (c) This Amendment shall constitute a “Loan Document” not extinguish the obligations for all purposes the payment of money outstanding under the Credit Agreement or discharge or release any Guarantee thereof. Nothing expressed or implied in this Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of Parent or the Company under the Credit Agreement or any Obligor under any Basic Document (as defined in the Credit Agreement) from any of its obligations and the other Loan Documentsliabilities thereunder. (d) The It is the intent of the parties hereto, and the parties hereto specifically acknowledge and agree agree, that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) constitute a novation of the Credit Agreement, mutatis mutandisany other Basic Document (as defined in the Credit Agreement) or any of the rights, obligations or liabilities thereunder.

Effect of Amendment; No Novation. (a) 1.1.1. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or Canadian Administrative Agent, the Issuing Banks or the Lenders under the Credit Agreement or any other Loan Basic 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 Loan Basic Document, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle any Loan Party Obligor to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement, the Amended Credit Agreement or any other Loan Basic Document in similar or different circumstances, except as expressly set forth herein. (b) 1.1.2. On and after the Amendment No. 4 Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, as used in the Amended Credit Agreement, shall refer to the Credit Agreement as amended hereby by this WEIL:\99906259\8\54237.0033 Amendment, and the term “Credit Agreement”, as used in each Loan any Basic Document, shall mean the Amended Credit Agreement as so amended. (c) Agreement. This Amendment shall constitute a “Loan Basic Document” for all purposes of the Amended Credit Agreement and the other Loan Basic Documents. 1.1.3. This Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement or discharge or release any Guarantee thereof. Nothing expressed or implied in this Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of Parent or the Company under the Credit Agreement or any Obligor under any Basic Document (das defined in the Credit Agreement) The from any of its obligations and liabilities thereunder. 1.1.4. It is the intent of the parties hereto, and the parties hereto specifically acknowledge and agree agree, that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) constitute a novation of the Credit Agreement, mutatis mutandisany other Basic Document (as defined in the Credit Agreement) or any of the rights, obligations or liabilities thereunder.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 3 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension definition of “Applicable Margin” in Section 1.01 of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Amended Credit Agreement shall apply to and be effective on and after the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.No. 3

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 12 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge hereby consent to the Majority Revolving Credit Facility Lender Amendments upon the terms and agree that subject to the extension conditions set forth herein. Upon the Amendment No. 12 Effective Date, all conditions and requirements set forth in the Existing Credit Agreement or the other Loan Documents relating to the effectiveness of this Amendment Agreement, including the Majority Revolving Credit Facility Lender Amendments, shall be deemed satisfied. (e) Nothing contained in this Amendment Agreement, the Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of any of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisObligations.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 8 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement. This Agreement as so amended. (c) This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that Nothing contained in this Amendment Agreement, the extension Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of any of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisObligations.

Effect of Amendment; No Novation. (a) Except as expressly set forth hereinherein or in the Amended Credit Agreement, this Amendment Agreement shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Agents under the Existing Credit Agreement or any other Loan Document, Document and shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other provision of the Existing Credit Agreement or of any other Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect in accordance with the provisions thereof. effect. (b) Nothing herein shall be deemed to entitle any Loan Party the Company to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (bc) On and after the Amendment No. 2 Effective Date, each reference in the Existing Credit Agreement to “this Agreement”, “hereunder”, “hereof”’, “herein”, or words of like import, shall refer and each reference to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each any other Loan Document, Document shall mean be deemed a reference to the Amended Credit Agreement as so amended. (c) Agreement. This Amendment Agreement shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that hereby consent to the extension incurrence of the Maturity Date effected pursuant Incremental Revolving Credit Commitments upon the terms and subject to the conditions set forth herein, and in accordance with the recitals to this Amendment shall not reduce Agreement. Upon the number Amendment No. 2 Effective Date, all conditions and requirements set forth in the Existing Credit Agreement or the other Loan Documents relating to the effectiveness of extensions this Amendment Agreement and the incurrence of the Maturity Date permitted to Incremental Revolving Credit Commitments shall be effected under Section 2.12(ddeemed satisfied. (e) Nothing contained in this Amendment Agreement, the Amended Credit Agreement or any other Loan Document shall constitute or be construed as a novation of any of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandisObligations.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative AgentLenders, the Lenders Issuing Lender, the Collateral Agent or the Issuing Banks Administrative Agent under any Loan Documents, and, except as set forth in the Amended Credit Agreement or any and the other Loan DocumentDocuments, 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 Loan Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect (it being understood and agreed that, with respect to any Revolving Loans or Existing Incremental Term Loans currently outstanding, all interest and fees accruing under the Existing Credit Agreement in accordance with respect of periods prior to the provisions thereofAmendment Effective Date will accrue at the rates specified in the Existing Credit Agreement prior to the Amendment Effective Date and shall be payable at the times provided in the Amended Credit Agreement). Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, the Amended Credit Agreement or any other Loan Document in similar or different circumstances, except as expressly set forth herein. (b) On and after the Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, shall refer to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each Loan Document, shall mean the Credit Agreement as so amended. (c) . This Amendment shall constitute a “Loan Document” for all purposes of the Existing Credit Agreement and the other Loan Documents. (d) The parties hereto specifically acknowledge and agree that the extension of the Maturity Date effected pursuant to this Amendment shall not reduce the number of extensions of the Maturity Date permitted to be effected under Section 2.12(d) of the Credit Agreement; provided that the provisions of Section 2.03(f) and 2.05(b) of the Credit Agreement shall apply to the extension of the Maturity Date effected pursuant to this Amendment as if such extension was effected under Section 2.12(d) of the Credit Agreement, mutatis mutandis.

Effect of Amendment; No Novation. (a) Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of of, or otherwise affect the rights and remedies of the Administrative Agent, the Lenders or the Issuing Banks Lenders 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 Loan DocumentAgreement, all of which shall continue in full force and effect in accordance with the provisions thereof. Nothing herein shall be deemed to entitle [[5772876]] any Loan Party of the Borrowers on any other occasion to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. Neither this Amendment nor any provision hereof may be waived, amended or modified except as expressly set forth hereinin accordance with the provisions of Section 9.8 of the Credit Agreement. (b) On and after the Amendment No. 2 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, ” or words of like import, as used in the Credit Agreement, shall refer to the Credit Agreement as amended hereby and the term “Credit Agreement”, as used in each Loan Document, shall mean the Credit Agreement as so amended. (c) hereby. This Amendment shall constitute a “Loan Document” Document for all purposes of the Credit Agreement and the other Loan DocumentsAgreement. (dc) The parties hereto specifically acknowledge and agree that Neither this Amendment nor the extension effectiveness of the Maturity Date amendments to the Credit Agreement effected pursuant to this Amendment hereby shall not reduce extinguish the number obligations for the payment of extensions of the Maturity Date permitted to be effected money outstanding under Section 2.12(d) of the Credit Agreement; provided that . Nothing herein contained shall be construed as a substitution or novation of any of the provisions of Section 2.03(f) obligations outstanding under the Credit Agreement, which shall remain in full force and 2.05(b) of effect, except as modified hereby. Nothing expressed or implied in this Amendment or the Credit Agreement shall apply to the extension be construed as a release or other discharge of any of the Maturity Date effected pursuant to this Amendment as if such extension was effected Borrowers under Section 2.12(d) of the Credit AgreementAgreement from any of its obligations and liabilities thereunder, mutatis mutandisas amended hereby.