Common use of Effect of this Amendment Clause in Contracts

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby.

Effect of this Amendment. Except Each Borrower agrees that, except as expressly provided herein, (a) the Credit Agreement Agreement, the Security Agreement, the Pledge Agreement, each other Security Document and the each other Loan Documents Document shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed to (ai) to be a waiver of, or consent to, a modification of or amendment of, to any other term or condition of the Credit Agreement Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other Loan Documentagreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (bii) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Documents Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (ciii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, or the any other Loan Documents Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other handdocuments. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, ” and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. On and after the Fifth Amendment Effective Date, references in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents 2 89409294_4 or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified herebySection 6.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth hereinin this Amendment or any exhibits hereto, (a) this Amendment shall not be deemed (a) to be by implication or otherwise limit, impair, constitute a waiver of, of or consent to, a modification or amendment of, any other term or condition otherwise affect the rights and remedies of the Lenders or the Administrative Agent, in each case under the Amended Credit Agreement or any other Loan Document, and (b) to prejudice shall not alter, modify, amend or in any other right way affect any of the terms, conditions, obligations, covenants or rights which Agent or the Lenders may now have or may have agreements contained in the future under or in connection with the Amended Credit Agreement or any other Loan Document. Except as expressly set forth in this Amendment, each and every term, condition, obligation, covenant and agreement contained in the Amended Credit Agreement and any other Loan Documents is hereby ratified and reaffirmed in all respects and shall continue in full force and effect. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided in this Amendment or any exhibits hereto, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the instruments Loan Documents, or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be constitute a commitment or any other undertaking or expression waiver of any willingness to engage provision of any of the Loan Documents. This Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Credit Agreement, which shall remain in any further discussion with the Borrowers or any other Person with respect full force and effect, except to any waiverextent amended or modified by this Amendment. Nothing implied in this Amendment shall be construed as a release or other discharge of any of the Loan Parties from the Loan Documents. From and after the Effective Date, amendment, modification or any other change all references to the Credit Agreement or the in any Loan Documents or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by Document and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References all references in the Credit Agreement to “this Agreement,” (and indirect references such as “hereunder”, “hereby”, “herein”, and ,” “hereof”) and in any Loan Document ” or words of like import referring to the “Credit Agreement” shall Agreement shall, unless expressly provided otherwise, be deemed to be references refer to the Amended Credit Agreement. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement as modified amended hereby.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. EXHIBIT 10.95 Reaffirmations. Each Credit Party (a) consents to this Amendment and agrees that the transactions contemplated by this Amendment shall not limit or diminish the obligations of such Person under, or release such Person from any obligations under, any of the Loan Documents to which it is a party, (b) confirms and reaffirms its obligations under each of the Loan Documents to which it is a party and (c) agrees that each of the Loan Documents to which it is a party remain in full force and effect and are hereby ratified and confirmed. Governing Law. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK AND THE RESPECTIVE RIGHTS AND OBLIGATIONS OF BORROWERS, AGENT, AND THE LENDERS SHALL BE GOVERNED BY NEW YORK LAW, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAWS.

Effect of this Amendment. Except Borrower agrees that, except as expressly provided hereinherein or in the other documents to be executed and delivered to Agent and Required Lenders in connection herewith, (a) the Credit Loan Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed to (ai) to be a waiver of, or consent to, a modification of or amendment of, to any other term or condition of the Credit Agreement Loan Agreement, any other Loan Document or any other Loan Documentagreement by and among Borrower, on the one hand, and Required Lenders and Agent, on the other hand, (bii) to prejudice any other right or rights which Agent or the Lenders Lender may now have or may have in the future under or in connection with the Credit Loan Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (ciii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower, or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Loan Agreement or the any other Loan Documents Document or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other handdocuments. References in the Credit Loan Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, ” and “hereof”) and in any other Loan Document to the “Credit Loan Agreement” shall be deemed to be references to the Credit Loan Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Loan Agreement and shall constitute a “Loan Document” under and as defined in the Loan Agreement.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect ​ ​ to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment is a Loan Document.

Effect of this Amendment. On and after the Effective Date, references in the Collateral Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”), in the Credit Agreement to “the Collateral Agreement” (and indirect references such as “thereunder”, “thereby”, “therein”, and “thereof”) and in any other Loan Document to the “Collateral Agreement” shall be deemed to be references to the Collateral Agreement as modified hereby and as modified by that certain Seventh Amendment to Credit Agreement, Incremental Amendment and Amendment to Collateral Agreement. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a or modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, consent to, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Partiesparties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby.. This Amendment is a Loan Document. 80810458_4

Effect of this Amendment. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Credit Agreement are intended or implied, and in all other respects the Obligations, Credit Agreement and Other Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. The Borrowers hereby agree that this Amendment shall in no manner affect or impair the Obligations or the Liens securing the payment and performance thereof. Except as expressly provided herein, this Amendment shall not, by implication or otherwise, limit, impair, constitute a waiver of or otherwise affect any rights or remedies of any Agent or any Lender under the Credit Agreement or the Other Documents, nor alter, modify, amend or in any way affect any of the obligations or covenants contained in the Credit Agreement or any of the Other Documents, all of which are ratified and the other Loan Documents confirmed in all respects and shall remain unmodified and continue in full force and effect. Except Each Loan Party hereto hereby ratifies and confirms all of its respective obligations and liabilities under the Credit Agreement and each Other Document to which it is party, as expressly set forth modified herein. On and after the date hereof, this Amendment shall for all purposes constitute an Other Document. It shall be an Event of Default under the Credit Agreement if any Borrower fails to perform, keep or observe any term, provision, condition, covenant or agreement contained in this Amendment or if any representation or warranty made by any Borrower under or in connection with this Amendment shall be untrue, false or misleading in any respect when made. By entering into this Amendment, the Agents and the Lenders have not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, waived any other term or condition breach of the Credit Agreement or any other Loan DocumentEvent of Default, (b) to prejudice and have no intention of waiving any other right right, power or rights which remedy of any Agent or the Lenders may now have or may have in the future Lender under or in connection with the Credit Agreement Agreement, any Other Document or Applicable Law. To the other Loan Documents or any extent of conflict between the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression terms of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to this Amendment and the Credit Agreement, the terms of this Amendment shall control. The Credit Agreement or as amended hereby shall be read and construed with this Amendment as one agreement. On and after the Loan Documents or any rights or remedies arising in favor of the Lenders or Agentdate hereof, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References each reference in the Credit Agreement to “"this Agreement” (and indirect references such as “", hereunder”", “hereby”, “herein”"hereof' or words of like import referring to the Credit Agreement, and “hereof”) and each reference in any Loan Document each of the Other Documents to "the Credit Agreement", "thereunder", "thereof' or words of like import referring to the “Credit Agreement” , shall mean and be deemed to be references a reference to the Credit Agreement as modified herebyamended by this Amendment.

Effect of this Amendment. Except as expressly provided herein, all terms and provisions of the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect, and in all other respects the Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the date hereof. The Loan Parties hereby agree that this Amendment shall in no manner affect or impair the Obligations or the Liens securing the payment and performance thereof. Except as expressly set forth provided herein, this Amendment shall not be deemed (a) to be not, by implication or otherwise, limit, impair, constitute a waiver of, of or consent to, a modification otherwise affect any rights or amendment of, any other term or condition remedies of the Credit Agreement Agent or any other Loan Document, (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future Lender under or in connection with the Credit Agreement or the other Loan Documents Documents, nor alter, modify, amend or in any way affect any of the obligations or covenants contained in the Credit Agreement or any of the instruments or agreements referred other Loan Documents, all of which are ratified and confirmed in all respects and shall continue in full force and effect. On and after the Amendment No. 3 Effective Date this Amendment shall for all purposes constitute a Loan Document. The parties hereto hereby ratify and confirm all of their respective obligations and liabilities under the Loan Documents to thereinwhich it is a party, as the same may be amendedexpressly modified herein, restated, supplemented or otherwise modified from time and ratify and confirm that such obligations and liabilities extend to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage and continue in any further discussion with the Borrowers or any other Person effect with respect to, and continue to any waiverguarantee and secure, amendmentas applicable, modification or any the Obligations of each other change to party under the Loan Documents, as expressly modified herein. It shall be an Event of Default under the Credit Agreement if any of the parties hereto fails to perform, keep or observe any term, provision, condition, covenant or agreement contained in this Amendment or if any representation or warranty made by any Loan Party under or in connection with this Amendment shall be untrue, false or misleading in any respect when made. The Agent and Lenders have not waived and have no intention of waiving (i) any other Default or Event of Default other than the Specified Defaults, (ii) any breach of any covenant or other agreement set forth in the Loan Documents or any rights or remedies arising other than as set forth in favor of the Lenders or Agent, or any of them, under or with respect to any such documents Section 3 hereof or (diii) to be a waiver ofany right, power or consent to or a modification or amendment of, any other term or condition remedy of any other agreement by Lender or Agent under any Loan Document. On and among after the Credit PartiesAmendment No. 3 Effective Date, on the one hand, and Agent or any other Lender, on the other hand. References each reference in the Credit Agreement to “this Agreement” (and indirect references such as ”, “hereunder”, “herebyhereof” or words of like import referring to the Credit Agreement, and each reference in each of the other Loan Documents to “the Credit Agreement”, “hereinthereunder”, and “hereof”) and in any Loan Document thereof” or words of like import referring to the “Credit Agreement” , shall mean and be deemed to be references a reference to the Credit Agreement as modified herebyamended by this Amendment.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers any Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Loan Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby.

Effect of this Amendment. Except Borrower agrees that, except as expressly provided hereinherein or in the other documents to be executed and delivered to Agent and Required Lenders in connection herewith, (a) the Credit Loan Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed to (ai) to be a waiver of, or consent to, a modification of or amendment of, to any other term or condition of the Credit Agreement Loan Agreement, any other Loan Document or any other Loan Documentagreement by and among Borrower, on the one hand, and Required Lenders and Agent, on the other hand, (bii) to prejudice any other right or rights which Agent or the Lenders Lender may now have or may have in the future under or in connection with the Credit Loan Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (ciii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrowers, or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Loan Agreement or the any other Loan Documents Document or any rights or remedies arising in favor of the Lenders or Agent, or any of them, Lender under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other handdocuments. References in the Credit Loan Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, ” and “hereof”’) and in any other Loan Document to the “Credit Loan Agreement” shall be deemed to be references to the Credit Loan Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Loan Agreement and shall constitute a “Loan Document” under and as defined in the Loan Agreement.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment is a Loan Document.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a or modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, consent to, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Loan Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby.

Effect of this Amendment. Except Each Loan Party agrees that, except as expressly provided herein, (a) the Credit Agreement Agreement, the Guaranty, the Security Agreement, each other Collateral Document and the each other Loan Documents Document (all as defined in the Credit Agreement) shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed to (ai) to be a waiver of, or consent to, a modification of or amendment of, to any other term or condition of the Credit Agreement Agreement, the Guaranty, the Security Agreement, any other Collateral Document, any other Loan Document or any other agreement by and among any of the Loan DocumentParties, on the one hand, and the Administrative Agent or any Lender, on the other hand, (bii) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or Agreement, the Guaranty, the Security Agreement, any other Collateral Document, any other Loan Documents Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (ciii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement Agreement, the Guaranty, the Security Agreement, any other Collateral Document or the any other Loan Documents Document or 134955004_2 any rights or remedies arising in favor of the Administrative Agent or the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other handdocuments. References in the Credit Agreement to “this AgreementAmendment” (and indirect references such as “hereunder”, “hereby”, “herein”, ” and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Credit Agreement are intended or implied, and in all other respects the Obligations, Credit Agreement and Other Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. The Loan Parties hereby agree that this Amendment shall in no manner affect or impair the Obligations or the Liens securing the payment and performance thereof. Except as expressly provided herein, this Amendment shall not, by implication or otherwise, limit, impair, constitute a waiver of or otherwise affect any rights or remedies of any Agent or any Lender under the Credit Agreement or the Other Documents, nor alter, modify, amend or in any way affect any of the obligations or covenants contained in the Credit Agreement or any of the Other Documents, all of which are ratified and the other Loan Documents confirmed in all respects and shall remain unmodified and continue in full force and effect. Except Each Loan Party hereto hereby ratifies and confirms all of its respective obligations and liabilities under the Credit Agreement and each Other Document to which it is party, as expressly set forth modified herein. On and after the date hereof, this Amendment shall for all purposes constitute an Other Document. It shall be an Event of Default under the Credit Agreement if any Loan Party fails to perform, keep or observe any term, provision, condition, covenant or agreement contained in this Amendment or if any representation or warranty made by any Loan Party under or in connection with this Amendment shall be untrue, false or misleading in any respect when made. By entering into this Amendment, the Administrative Agent and the Lenders have not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, waived any other term or condition breach of the Credit Agreement or any other Loan DocumentEvent of Default, (b) to prejudice and have no intention of waiving any other right right, power or rights which remedy of any Agent or the Lenders may now have or may have in the future Lender under or in connection with the Credit Agreement Agreement, any Other Document or Applicable Law. To the other Loan Documents or any extent of conflict between the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression terms of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to this Amendment and the Credit Agreement, the terms of this Amendment shall control. The Credit Agreement or as amended hereby shall be read and construed with this Amendment as one agreement. On and after the Loan Documents or any rights or remedies arising in favor of the Lenders or Agentdate hereof, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References each reference in the Credit Agreement to “this Agreement” (and indirect references such as ”, “hereunder”, “herebyhereof” or words of like import referring to the Credit Agreement, and each reference in each of the Other Documents to “the Credit Agreement”, “hereinthereunder”, and “hereof”) and in any Loan Document thereof” or words of like import referring to the “Credit Agreement” , shall mean and be deemed to be references a reference to the Credit Agreement as modified herebyamended by this Amendment.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. References in the Security Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Security Agreement” shall be deemed to be references to the Security Agreement as modified hereby. References in the Pledge Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Pledge Agreement” shall be deemed to be references to the Pledge Agreement as modified hereby.

Effect of this Amendment. On and after the Fifth Amendment Effective Date, references in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents 89409294_4 or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set 63293737_5 forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Loan Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby.

Effect of this Amendment. On and after the Fourth Amendment Effective Date, references in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other 4 87661695_7 agreement by and among the Credit Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified herebySection 6.

Effect of this Amendment. (a) Except as expressly provided herein, the Existing Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (ai) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Existing Credit Agreement or any other Loan Document, (bii) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Existing Credit Agreement or the other Loan Documents or any other “Loan Document” (as defined in the Amended Credit Agreement) or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (ciii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with Holdings, the Borrowers Borrower, any Subsidiary Loan Party or any other Person with respect to any waiver, amendment, modification or any other change to the Existing Credit Agreement or the Loan Documents or any other “Loan Document” (as defined in the Amended Credit Agreement) or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (div) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Loan Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References On and after the Effective Date, references in the Amended Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Amended Credit Agreement as modified herebyAgreement.

Effect of this Amendment. Except Each Loan Party agrees that, except as expressly provided herein, (a) the Credit Agreement Agreement, the Guaranty, the Security Agreement, each other Collateral Document and the each other Loan Documents Document (all as defined in the Credit Agreement) shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed to (ai) to be a waiver of, or a consent to, a modification of or amendment of, to any other term or condition of the Credit Agreement Agreement, the Guaranty, the Security Agreement, any other Collateral Document, any other Loan Document or any other agreement by and among any of the Loan DocumentParties, on the one hand, and the Administrative Agent or any Lender, on the other hand, (bii) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or Agreement, the Guaranty, the Security Agreement, any other Collateral Document, any other Loan Documents Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (ciii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement Agreement, the Guaranty, the Security Agreement, any other Collateral Document or the any other Loan Documents Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other handdocuments. References in the Credit Agreement to “this AgreementAmendment” (and indirect references such as “hereunder”, “hereby”, “herein”, ” and “hereof”) and in any other Loan Document to the “Credit 144235533_3 Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment is a Loan Document. Governing Law. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK AND THE RESPECTIVE RIGHTS AND OBLIGATIONS OF BORROWERS, AGENT, AND THE LENDERS SHALL BE GOVERNED BY NEW YORK LAW, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAWS.

Effect of this Amendment. On and after the Second Amendment Effective Date, references in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Syndicated Facility Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Partiesany Loan Party, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement, the Collateral Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, to a modification of or amendment of, any other term or condition of the Credit Agreement, the Collateral Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Collateral Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Loan Parties or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Collateral Agreement or the other Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or documents, (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Partiesany Loan Party, on the one hand, and the Administrative Agent or any other Lender, on the other handhand or (e) to be a course of dealing or a consent to any departure by the Loan Parties from any other term or requirement of the Credit Agreement. References in this Amendment to the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby.

Effect of this Amendment. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Credit Agreement are intended or implied, and in all other respects the Obligations, Credit Agreement and Other Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the effective date hereof. The Borrowers hereby agree that this Amendment shall in no manner affect or impair the Obligations or the Liens securing the payment and performance thereof. Except as expressly provided herein, this Amendment shall not, by implication or otherwise, limit, impair, constitute a waiver of or otherwise affect any rights or remedies of any Agent or any Lender under the Credit Agreement or the Other Documents, nor alter, modify, amend or in any way affect any of the obligations or covenants contained in the Credit Agreement or any of the Other Documents, all of which are ratified and the other Loan Documents confirmed in all respects and shall remain unmodified and continue in full force and effect. Except Each Loan Party hereto hereby ratifies and confirms all of its respective obligations and liabilities under the Credit Agreement and each Other Document to which it is party, as expressly set forth modified herein. On and after the date hereof, this Amendment shall for all purposes constitute an Other Document. It shall be an Event of Default under the Credit Agreement if any Borrower fails to perform, keep or observe any term, provision, condition, covenant or agreement contained in this Amendment or if any representation or warranty made by any Borrower under or in connection with this Amendment shall be untrue, false or misleading in any respect when made. By entering into this Amendment, the Agents and the Lenders have not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, waived any other term or condition breach of the Credit Agreement or any other Loan DocumentEvent of Default, (b) to prejudice and have no intention of waiving any other right right, power or rights which remedy of any Agent or the Lenders may now have or may have in the future Lender under or in connection with the Credit Agreement Agreement, any Other Document or Applicable Law. To the other Loan Documents or any extent of conflict between the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression terms of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to this Amendment and the Credit Agreement, the terms of this Amendment shall control. The Credit Agreement or as amended hereby shall be read and construed with this Amendment as one agreement. On and after the Loan Documents or any rights or remedies arising in favor of the Lenders or Agentdate hereof, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References each reference in the Credit Agreement to “this Agreement” (and indirect references such as ”, “hereunder”, “herebyhereof” or words of like import referring to the Credit Agreement, and each reference in each of the Other Documents to “the Credit Agreement”, “hereinthereunder”, and “hereof”) and in any Loan Document thereof” or words of like import referring to the “Credit Agreement” , shall mean and be deemed to be references a reference to the Credit Agreement as modified herebyamended by this Amendment.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth hereinin this Amendment, (a) this Amendment shall not be deemed (a) to be by implication or otherwise limit, impair, constitute a waiver ofof or otherwise affect the rights and remedies of the Lenders or the Administrative Agent, or consent to, a modification or amendment of, any other term or condition of in each case under the Credit Agreement or any other Loan Document, and (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future under shall not alter, modify, amend or in connection with any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document. Except as expressly set forth in this Amendment, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement and the other Loan Documents is hereby ratified and reaffirmed in all respects and shall continue in full force and effect. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the instruments Loan Documents, or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be constitute a commitment or any other undertaking or expression waiver of any willingness to engage provision of any of the Loan Documents. This Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Credit Agreement, which shall remain in any further discussion with the Borrowers or any other Person with respect full force and effect, except to any waiverextent amended or modified by this Amendment. Nothing implied in this Amendment shall be construed as a release or other discharge of any of the Loan Parties from the Loan Documents. From and after the Effective Date, amendment, modification or any other change all references to the Credit Agreement or the in any Loan Documents or any rights or remedies arising in favor of the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by Document and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References all references in the Credit Agreement to “this Agreement,” (and indirect references such as “hereunder”, “hereby”, “herein”, and ,” “hereof”) and in any Loan Document ” or words of like import referring to the “Credit Agreement” shall Agreement shall, unless expressly provided otherwise, be deemed to be references refer to the Credit Agreement as modified herebyamended by this Amendment. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement as amended by this Amendment.

Effect of this Amendment. Except The Parent agrees that, except as expressly provided herein, (a) the Credit Agreement Agreement, the Security Agreement, the Pledge Agreement, each other Security Document and the each other Loan Documents Document shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed to (ai) to be a waiver of, or consent to, a modification of or amendment of, to any other term or condition of the Credit Agreement Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other Loan Documentagreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (bii) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Documents Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (ciii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Parent or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, or the any other Loan Documents Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders or Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other handdocuments. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, ” and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Except as expressly provided herein, all terms and provisions of the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect, and in all other respects the Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the date hereof. The Loan Parties hereby agree that this Amendment shall in no manner affect or impair the Obligations or the Liens securing the payment and performance thereof. Except as expressly set forth provided herein, this Amendment shall not be deemed (a) to be not, by implication or otherwise, limit, impair, constitute a waiver of, of or consent to, a modification otherwise affect any rights or amendment of, any other term or condition remedies of the Credit Agreement Agent or any other Loan Document, (b) to prejudice any other right or rights which Agent or the Lenders may now have or may have in the future Lender under or in connection with the Credit Agreement or the other Loan Documents Documents, nor alter, modify, amend or in any way affect any of the obligations or covenants contained in the Credit Agreement or any of the instruments or agreements referred other Loan Documents, all of which are ratified and confirmed in all respects and shall continue in full force and effect. On and after the Amendment No. 1 Effective Date this Amendment shall for all purposes constitute a Loan Document. The parties hereto hereby ratify and confirm all of their respective obligations and liabilities under the Loan Documents to thereinwhich it is a party, as the same may be amendedexpressly modified herein, restated, supplemented or otherwise modified from time and ratify and confirm that such obligations and liabilities extend to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage and continue in any further discussion with the Borrowers or any other Person effect with respect to, and continue to any waiverguarantee and secure, amendmentas applicable, modification or any the Obligations of each other change to party under the Loan Documents, as expressly modified herein. It shall be an Event of Default under the Credit Agreement if any of the parties hereto fails to perform, keep or observe any term, provision, condition, covenant or agreement contained in this Amendment or if any representation or warranty made by any Loan Party under or in connection with this Amendment shall be untrue, false or misleading in any respect when made. The Agent and Lenders have not waived and have no intention of waiving (i) any other Default or Event of Default other than the Specified Defaults, (ii) any breach of any covenant or other agreement set forth in the Loan Documents or any rights or remedies arising other than as set forth in favor of the Lenders or Agent, or any of them, under or with respect to any such documents Section 3 hereof or (diii) to be a waiver ofany right, power or consent to or a modification or amendment of, any other term or condition remedy of any other agreement by Lender or Agent under any Loan Document. On and among after the Credit PartiesAmendment No. 1 Effective Date, on the one hand, and Agent or any other Lender, on the other hand. References each reference in the Credit Agreement to “this Agreement” (and indirect references such as ”, “hereunder”, “herebyhereof” or words of like import referring to the Credit Agreement, and each reference in each of the other Loan Documents to “the Credit Agreement”, “hereinthereunder”, and “hereof”) and in any Loan Document thereof” or words of like import referring to the “Credit Agreement” , shall mean and be deemed to be references a reference to the Credit Agreement as modified herebyamended by this Amendment.

Effect of this Amendment. Except Borrower agrees that, except as expressly provided hereinherein or in the other documents to be executed and delivered to Agent and Required Lender in connection herewith, (a) the Credit Loan Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed to (ai) to be a waiver of, or consent to, a modification of or amendment of, to any other term or condition of the Credit Agreement Loan Agreement, any other Loan Document or any other Loan Documentagreement by and among Borrower, on the one hand, and Required Lender and Agent, on the other hand, (bii) to prejudice any other right or rights which Agent or the Lenders Lender may now have or may have in the future under or in connection with the Credit Loan Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (ciii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrowers, or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Loan Agreement or the any other Loan Documents Document or any rights or remedies arising in favor of the Lenders or Agent, or any of them, Lender under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other handdocuments. References in the Credit Loan Agreement to “"this Agreement” " (and indirect references such as “"hereunder”", “"hereby”", “"herein”, " and “"hereof”") and in any other Loan Document to the “Credit "Loan Agreement” " shall be deemed to be references to the Credit Loan Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Loan Agreement and shall constitute a "Loan Document" under and as defined in the Loan Agreement.

Effect of this Amendment. Except as expressly provided herein, the Credit Agreement, the Collateral Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Amendment (including, without limitation, the Consent) shall not be deemed (a) to be a waiver of, or consent to, to a modification of or amendment of, any other term or condition of the Credit Agreement, the Collateral Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Collateral Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Loan Parties or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Collateral Agreement or the other Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or documents, (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Partiesany Loan Party, on the one hand, and the Administrative Agent or any other Lender, on the other handhand or (e) to be a course of dealing or a consent to any departure by the Loan Parties from any other term or requirement of the Credit Agreement. References in this Amendment to the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby.