Common use of Effect on Loan Documents Clause in Contracts

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Bank may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative AgentBank’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party Borrower hereby ratifies and reaffirms its obligations under the Credit Loan Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Loan Agreement set forth in this Amendment shall impair such Loan PartyBorrower’s obligations under the Loan Documents or the Administrative AgentBank’s rights under the Loan Documents. Each Loan Party Borrower hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent Bank on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party Borrower acknowledges and agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party Borrower has no defenses to enforcement of the Loan Documents. Each Loan Party Borrower waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Loan Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement, the Forbearance Agreement and consent each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of Lender under the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which Agreement, the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Forbearance Agreement or any other Loan Document, or . Except for the amendments to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the Forbearance Agreement expressly set forth herein, the Credit Agreement, the Forbearance Agreement and other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents or in full force and effect. The modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Documents nor operate as a waiver of any Default or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Event of Default, shall not operate as a consent to any further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedwaiver, pursuant to and in connection with the Guarantee and Collateral Agreement consent or any amendment or other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective terms, and acknowledges shall not be construed as an indication that all any future waiver or amendment of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each covenants or any other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement provision of the Credit Agreement as amended hereby will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by any Xxxxxxxx remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Xxxxxxx. To the extent that any terms or provisions of this Amendment conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Amendment shall control. (b) Upon and after the effectiveness of this Amendment, each reference in the Forbearance Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Forbearance Agreement, and each reference in the other Loan Documents to “the Forbearance Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Forbearance Agreement, shall mean and be a reference to the Forbearance Agreement as modified and amended hereby. (c) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended herebyAgreement. (ce) This Amendment is a Loan Document.

Effect on Loan Documents. (a) 10.1 The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each The Borrowers, on behalf of each Loan Party Party, hereby ratifies ratify and reaffirms its reaffirm the Borrowers’ obligations under the Credit Agreement and the each Loan Party’s obligations under each other Loan Documents Document to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each The Borrowers, on behalf of each Loan Party Party, hereby further ratifies ratify and reaffirms reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges acknowledge that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. Each The Borrowers, on behalf of each Loan Party acknowledges Party, acknowledge and agrees agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges acknowledge as of the date hereof that such no Loan Party has no any defenses to enforcement of the Loan Documents. Each The Borrowers, on behalf of each Loan Party waives Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents Document that might otherwise be available as a result of this Amendment of the Credit AgreementAmendment. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) 10.2 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) 10.3 This Amendment is a Loan Document.

Effect on Loan Documents. (a) 11.1 The amendments Credit Agreement, as amended hereby, and consent each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification of or amendment of, any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right right, power, or remedy which the Administrative of Agent may now have or may have in the future any Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents shall remain unchanged and in full force and effect. The consents, waivers and modifications set forth herein are limited to the specifics hereof, shall not apply with respect to any facts or occurrences other than those on which it is the same are based, shall neither excuse future non-compliance with the Loan Documents nor operate as a party waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under the Loan Documents and agrees shall not be construed as an indication that none any future waiver of covenants or any other provision of the consents Credit Agreement will be agreed to, it being understood that the granting or modifications denying of any waiver which may hereafter be requested by any Loan Party remains in the sole and absolute discretion of the Agent and the Lenders. 11.2 Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies as modified and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlhereby. (b) 11.3 To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) 11.4 This Amendment is a Loan Document. 11.5 Headings and numbers have been set forth herein for convenience only. Unless the contrary is compelled by the context, everything contained in each Section applies equally to this entire Amendment. 11.6 Neither this Amendment nor any uncertainty or ambiguity herein shall be construed against Agent, any member of the Lender Group, the Bank Product Providers or any Loan Party, whether under any rule of construction or otherwise. This Amendment has been reviewed by all parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purposes and intentions of all parties hereto. 11.7 The pronouns used herein shall include, when appropriate, either gender and both singular and plural, and the grammatical construction of sentences shall conform thereto. 11.8 Unless the context of this Amendment clearly requires otherwise, references to the plural include the singular, references to the singular include the plural, the terms “includes” and “including” are not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or”. The words “hereof”, “herein”, “hereby”, “hereunder”, and similar terms in this Amendment refer to this Amendment as a whole and not to any particular provision of this Amendment. Section, subsection, clause, schedule, and exhibit references herein are to this Amendment unless otherwise specified. Any reference in this Amendment to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein). The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts, and contract rights. Any reference herein or in any other Loan Document to the satisfaction or repayment in full of the Obligations shall mean the repayment in full in cash or immediately available funds (or, in the case of Letters of Credit or Bank Products, providing Letter of Credit Collateralization or Bank Product Collateralization, as applicable) of all Obligations other than unasserted contingent indemnification Obligations and other than any Bank Product Obligations that, at such time, are allowed by the applicable Bank Product Provider to remain outstanding and that are not required by the provisions of the Credit Agreement to be repaid or cash collateralized. Any reference herein to any Person shall be construed to include such Person’s successors and assigns. Any requirement of a writing contained herein shall be satisfied by the transmission of a Record.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed deemed: (ai) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent or any Lender may now have or may have in the future under or in connection with the Loan Documents; (bii) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (ciii) to limit or impair the Administrative Agent’s or any Lender’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s or any Lender’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents as amended hereby that might otherwise be available as a result of this Amendment of the Credit AgreementAmendment. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) 10.1 The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each The Borrowers, on behalf of each Loan Party Party, hereby ratifies ratify and reaffirms its reaffirm the Borrowers’ obligations under the Credit Agreement and the each Loan Party’s obligations under each other Loan Documents Document to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each The Borrowers, on behalf of each Loan Party Party, hereby further ratifies ratify and reaffirms reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges acknowledge that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. Each The Borrowers, on behalf of each Loan Party acknowledges Party, acknowledge and agrees agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges acknowledge as of the date hereof that such no Loan Party has no any defenses to enforcement of the Loan Documents. Each The Borrowers, on behalf of each Loan Party waives Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents Document that might otherwise be available as a result of this Amendment of the Credit AgreementAmendment. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) 10.2 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Except as contemplated to be supplemented hereby, the Credit Agreement, the Fee Letter, the Intercompany Subordination Agreement, and consent set forth herein each other Loan Document shall be limited precisely continue to be, and shall remain, in full force and effect. Except as written and expressly contemplated hereby, this Agreement shall not be deemed (ai) to be a forbearance, waiverwaiver of, or consent to, or a modification of or amendment of, any other term or condition of the Credit Agreement Agreement, the Fee Letter, the Intercompany Subordination Agreement, or any of any Loan Documents the instruments or agreements referred to prejudice any right therein, as the same may be amended or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; modified from time to time. (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under reference in the Credit Agreement and the other Loan Documents to which it is “Borrower”, “Grantor”, “Obligor” or words of like import referring to a party Borrower, Grantor or an Obligor shall include and agrees that none of the consents or modifications refer to New Borrower and (b) each reference in the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under Agreement, the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedFee Letter, pursuant to and in connection with the Guarantee and Collateral Agreement Intercompany Subordination Agreement, or any other Loan Document to the Administrative Agent on behalf and for the benefit this “Agreement”, “hereunder”, “herein”, “hereof”, “thereunder”, “therein”, “thereof”, or words of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues like import referring to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each Agreement, the Fee Letter, Intercompany Subordination Agreement, or any other Loan Document shall mean and refer to such agreement as supplemented by this Agreement.” (d) The SBS of Arkansas Joinder is still in full force hereby amended by amending and effect and acknowledges restating the seventh row of Schedule 4.1(c) as follows: “Stock Building Supply of Arkansas, LLC 100% of common interests N/A Stock Building Supply, LLC” 4. Amendment to that certain Joinder No. 2 to Security Agreement, dated as of April 2, 2010, by and among Agent and Stock Building Supply of Arkansas, LLC (the date hereof that such Loan Party has no defenses “SBS of Arkansas Joinder to enforcement Security Agreement”). (a) The SBS of Arkansas Joinder to Security Agreement is hereby amended by replacing the Loan Documents. Each Loan Party waives any and all defenses reference to enforcement of “STOCK BUILDING SUPPLY HOLDINGS, LLC, a Virginia limited liability company” in the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as first recital thereof with “STOCK BUILDING SUPPLY HOLDINGS II, LLC, a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlDelaware limited liability company”. (b) To The SBS of Arkansas Joinder to Security Agreement is hereby amended by replacing the extent that any terms and conditions text set forth in any of the Loan Documents shall contradict or be in conflict Schedule 5 thereof with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby“None”. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement, as amended hereby, and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification each of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party Documents, as amended hereby, shall be and agrees that none of the consents or modifications to the Credit Agreement set forth remain in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documentsfull force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, granted pursuant to terms and subject to the conditions set forth in connection with the Guarantee and Collateral Agreement Agreement, the other Security Documents or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, Documents in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges hereby further ratifies and agrees that reaffirms the validity and enforceability of the appointment of the Administrative Agent as attorney-in-fact under each applicable Loan Document all pursuant to terms and subject to the conditions set forth therein. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Credit Agreement, the Loan Documents or instruments securing the same. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse any non-compliance with the Loan Documents, and shall not operate as a consent or waiver to any matter under the Loan Documents. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement, the Guarantee and each Collateral Agreement and other Loan Document is still Documents shall remain unchanged and in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, Agreement after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of Neither the provisions thereof; of, nor any performance under, this Agreement (including any payments by Borrower under this Agreement) shall amend, modify, supplement, extend, delay, renew, terminate, waive, release or (c) to otherwise limit or impair the Administrative Agentprejudice Xxxxxx Re’s right to demand strict performance of all terms rights and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents remedies or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan PartyBorrower’s or either Guarantor’s obligations under the Loan Documents or (including Xxxxxx Re’s right to receive full payment as well as late charges, delinquent interest and all other charges provided for in the Administrative Agent’s rights Loan Documents). Notwithstanding the foregoing, if and only if Xxxxxx Re receives the full Payoff Amount and the Close of Escrow occurs, upon the Close of Escrow, the Loan Documents shall be terminated and none of the parties thereto shall have any further obligations thereunder (except for those obligations that are intended to survive repayment in full of the Loan) and Xxxxxx Re shall be deemed to have agreed not to xxx any of the Borrower Parties for any breach of any obligation under the Loan Documents. Each Loan ; provided, however, that the foregoing covenant shall in no event extend to the continuing liabilities and obligations of any Borrower Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedrelating to, pursuant to and arising out of, or in connection with the Guarantee and Collateral breach of any representation, warranty, indemnity, covenant or agreement set forth in this Agreement, the Loan Documents or in any document executed under or in connection with this Agreement or the Loan Documents that are intended to survive the repayment in full of the Loan, or to any other indemnities in favor of Xxxxxx Re under any Loan Document that are intended to survive the Administrative Agent on behalf and for the benefit repayment in full of the Secured PartiesLoan; and, as collateral security for provided further, that the covenant by Xxxxxx Re pursuant to this subparagraph shall be void from its inception, and all liabilities and obligations of Borrower Parties under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still Documents shall continue in full force and effect and acknowledges as they existed immediately prior to the Effective Date, in the event: 1. Any of the date hereof that such Loan Party has no defenses to enforcement Borrower Parties shall take any act or make any claim of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result rescission of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or make any other Loan Documentsclaim which is inconsistent with this Agreement; or 2. A receiver, liquidator or trustee shall be appointed for Borrower and/or any Guarantor or if Borrower and/or any Guarantor shall be adjudicated a bankrupt or insolvent, or if any petition for bankruptcy, reorganization or arrangement pursuant to federal bankruptcy law, or any similar federal or state law, shall be filed by or against, consented to, or acquiesced in by Borrower and/or any Guarantor, or if ay proceeding for the terms dissolution or liquidation of Borrower and/or any Guarantor shall be instituted, provided, however, if such appointment, adjudication, petition or proceeding was involuntary and provisions of this Amendment shall controlnot consented to by Borrower and/or any Guarantor, upon same not being discharged, stayed or dismissed within thirty (30) days. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) a. The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents Document or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby further ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) b. To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) c. This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Obligors accept and consent set forth herein shall agree that with effect from the Effective Date, the Amortizations due on April 15, 2023 and 15 January 2024 will be limited precisely payable on April 15, 2024 and as written a result an Amortization of $50,000,000 will be due and shall not be deemed payable on April 15, 2024 (together with all interest, compounded interest, fees and expenses due thereon in accordance with the Loan Agreement). (b) Parent shall, as security for the Secured Obligations, (a) cause each Subsidiary Guarantor to be grant to the Lender, a forbearancesecurity interest in all of such Subsidiary Guarantor’s assets pursuant to such Security Documents as the Lender may require, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; and (b) to promptly (and in any event within ten Business Days) after repayment or prepayment of Tranche 3 (under and as defined in the DSM Loan Agreement), enter into a pledge of all its interest in the equity interests held by the Borrower in Amyris RealSweet, LLC and take all steps in connection therewith as Lender may reasonably require, including providing legal opinions (c) The Loan Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except as expressly set forth herein, as a consent to modification or waiver of any future consent or modificationright, forbearancepower, or waiver to remedy of the Credit Lender under the Loan Agreement or any other Loan Document. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any waiver of any of facts or occurrences other than those on which the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms same are based, and covenants except as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement expressly set forth in this Amendment herein, shall impair such Loan Party’s obligations under neither excuse any non-compliance with the Loan Documents Documents, nor operate as a consent or the Administrative Agent’s rights waiver to any matter under the Loan Documents. Each Except for the consents and amendments to the Loan Party hereby further ratifies Agreement expressly set forth herein, the Loan Agreement and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf Documents shall remain unchanged and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment Agreement conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment Agreement shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) 8.1 The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Bank may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative AgentBank’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party Borrower hereby ratifies and reaffirms its obligations under the Credit Loan Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Loan Agreement set forth in this Amendment shall impair such Loan PartyBorrower’s obligations under the Loan Documents or the Administrative AgentBank’s rights under the Loan Documents. Each Loan Party Borrower hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Loan Agreement or any other Loan Document Document, to the Administrative Agent on behalf and for the benefit of the Secured Parties, Bank as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party Borrower acknowledges and agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party Borrower has no defenses to enforcement of the Loan Documents. Each Loan Party Borrower waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Loan Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) 8.2 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby. (c) 8.3 This Amendment is a Loan Document.

Effect on Loan Documents. (a) 10.1 The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each The Borrowers, on behalf of each Loan Party Party, hereby ratifies ratify and reaffirms its reaffirm the Borrowers’ obligations under the Credit Agreement and the each Loan Party’s obligations under each other Loan Documents Document to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each The Borrowers, on behalf of each Loan Party Party, hereby further ratifies ratify and reaffirms reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges acknowledge that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended hereby) from and after the date hereof. Each The Borrowers, on behalf of each Loan Party acknowledges Party, acknowledge and agrees agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges acknowledge as of the date hereof that such no Loan Party has no any defenses to enforcement of the Loan Documents. Each The Borrowers, on behalf of each Loan Party waives Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control.Document that (b) 10.2 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement, as amended hereby, and consent set forth herein shall be limited precisely the Guarantee and Collateral Agreement, as written amended hereby, and shall not be deemed (a) to be a forbearance, waiver, or modification each of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party shall be and agrees that none of the consents or modifications to the Credit Agreement set forth remain in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documentsfull force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, Documents in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges hereby further ratifies and agrees that reaffirms the validity and enforceability of the appointment of the Administrative Agent as attorney-in-fact under each applicable Loan Document. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse any non-compliance with the Loan Documents, and shall not operate as a consent or waiver to any matter under the Loan Documents. Except for the amendments to the Credit Agreement and each the Guarantee and Collateral Agreement expressly set forth herein, the Credit Agreement, the Guarantee and Collateral Agreement and other Loan Document is still Documents shall remain unchanged and in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement or the Guarantee and Collateral Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement and the Guarantee and Collateral Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The Facility Agreement, as amended hereby, and each of the other Loan Documents, as amended as of the Fourth Amendment Effective Date (as applicable), shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except with respect to the modifications and amendments and consent expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification of or amendment of, any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right right, power, or remedy which of Agent or any Lender under the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Facility Agreement or any other Loan Document. Except for the amendments to the Loan Documents expressly set forth herein or contemplated hereby, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Facility Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents in full force and effect. The amendments, modifications and other agreements set forth herein or modifications contemplated hereby are limited to the Credit specified provisions of this Agreement set forth in this (including the Amended Facility Agreement), the Fourth Amendment First Out Waterfall Notes and the Fourth Amendment Warrants, shall impair such not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse future non-compliance with the Loan Party’s obligations Documents (as amended hereby, as applicable) nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under the Loan Documents (as amended hereby, as applicable) and shall not be construed as an indication that any waiver of covenants or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all any other provision of the Liens heretofore granted, pursuant to and in connection with Amended Facility Agreement (including the Guarantee and Collateral Facility Agreement as amended hereby) or any other Loan Document to (as amended hereby, as applicable) will be agreed to, it being understood that the Administrative Agent on behalf granting or denying of any waiver which may hereafter be requested by Borrower or any other Loan Party remains in the sole and for the benefit absolute discretion of the Secured Parties, as collateral security for Agent and the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlLenders. (b) Upon and after the Fourth Amendment Effective Date, each reference in the Facility Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Facility Agreement, and each reference in the other Loan Documents to “the Facility Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Facility Agreement, shall mean and be a reference to the Amended Facility Agreement. (c) To the extent that any of the terms and conditions in any of the Loan Documents (as amended hereby, as applicable) shall contradict or be in conflict with any of the terms or conditions of the Credit Amended Facility Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or and amended accordingly to reflect the terms and conditions of the Credit Amended Facility Agreement (effective, in each case, as modified or amended herebyof the Fourth Amendment Effective Date). (cd) This Each of this Agreement (including the Amended Facility Agreement), the Fourth Amendment First Out Waterfall Notes and the Fourth Amendment Warrants is a Loan Document. (e) The Borrower hereby covenants, acknowledges and agrees that, after the Fourth Amendment Effective Date, the Borrower will not amend or otherwise modify the Series DF-1 Certificate of Designation without the prior written consent of the Required Lenders.

Effect on Loan Documents. (a) The amendments Obligors accept and consent set forth herein shall agree that with effect from the Effective Date, the Amortizations due on April 15, 2023 and 15 January 2024 will be limited precisely payable on April 15, 2024 and as written a result an Amortization of $50,000,000 will be due and shall not be deemed payable on April 15, 2024 (together with all interest, compounded interest, fees and expenses due thereon in accordance with the Loan Agreement). (b) Parent shall, as security for the Secured Obligations, (a) cause each Subsidiary Guarantor to be grant to the Lender, a forbearancesecurity interest in all of such Subsidiary Guarantor’s assets pursuant to such Security Documents as the Lender may require, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; and (b) to promptly (and in any event within ten Business Days) after repayment or prepayment of Tranche 3 (under and as defined in the DSM Loan Agreement), enter into a pledge of all its interest in the equity interests held by the Borrower in Amyris RealSweet, LLC and take all steps in connection therewith as Lender may reasonably require, including providing legal opinions (c) The Loan Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except as expressly set forth herein, as a consent to modification or waiver of any future consent or modificationright, forbearancepower, or waiver to remedy of the Credit Lender under the Loan Agreement or any other Loan Document. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any waiver of any of facts or occurrences other than those on which the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms same are based, and covenants except as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement expressly set forth in this Amendment herein, shall impair such Loan Party’s obligations under neither excuse any non-compliance with the Loan Documents Documents, nor operate as a consent or the Administrative Agent’s rights waiver to any matter under the Loan Documents. Each Except for the consents and amendments to the Loan Party hereby further ratifies Agreement expressly set forth herein, the Loan Agreement and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf Documents shall remain unchanged and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment Agreement conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment Agreement shall control. (bd) Upon and after the Effective Date, each reference in the Loan Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Loan Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby. (e) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this AmendmentAgreement, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement Loan Agreement, as modified or amended hereby. (cf) This Amendment Agreement is a Loan Document. References to “Sections” are to sections of the Loan Agreement, unless otherwise stated.

Effect on Loan Documents. (a) The amendments Credit Agreement, as amended hereby, and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification each of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party shall be and agrees that none of the consents or modifications to the Credit Agreement set forth remain in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documentsfull force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, Documents in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges hereby further ratifies and agrees that reaffirms the validity and enforceability of the appointment of the Administrative Agent as attorney-in-fact under each applicable Loan Document. The execution, delivery, and performance of this Amendment shall not operate as a novation of any Obligations under the Credit Agreement or, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement, the Guarantee and each Collateral Agreement or any other Loan Document is still Document. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse any non-compliance with the Loan Documents, and shall not operate as a consent or waiver to any matter under the Loan Documents. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement, the Guarantee and Collateral Agreement and other Loan Documents shall remain unchanged and in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement Agreement, as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. Except as specifically amended hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing: (a) The amendments each 2019 Incremental Term Loan Lender acknowledges and consent agrees that upon the funding of the 2019 Incremental Term Loans, such 2019 Incremental Term Loan Lender shall be deemed to be a “Lender” and “Term Lender” under, and for all purposes of, the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder pursuant to the terms of the Amended Credit Agreement. (b) except as set forth in this Agreement, the 2019 Incremental Term Loans shall otherwise be subject to the provisions of the Amended Credit Agreement and the other Loan Documents. (c) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or any Lender under any Loan Document, nor constitute a waiver of any provision of any Loan Document or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Collateral Agent and the Lenders under any Loan Document; (d) 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 referring to the Credit Agreement and each reference in any other Loan Document to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Agreement, and this Agreement and the Credit Agreement shall be read together and construed, as a single instrument; (e) nothing herein shall be limited precisely as written and shall not be deemed to entitle the Borrowers (aor any other Loan Party) to be a forbearancefurther amendment to, or a consent, waiver, modification or modification of other change of, any other term or condition of the Credit Agreement terms, conditions, obligations, covenants or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have agreements contained in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Amended Credit Agreement or any other Loan Document, Document in similar or to any waiver of any different circumstances; and (f) each of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance parties hereto hereby acknowledges and agrees that this Agreement shall constitute a Loan Document for all purposes of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is and (ii) the terms of this Agreement do not constitute a party and agrees that none novation but, rather, an amendment of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies terms of certain pre-existing Indebtedness and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges the incurrence of certain new indebtedness, as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of evidenced by the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To For the extent any terms or provisions avoidance of this Amendment conflict with those of doubt, each representation and warranty in the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of with regard to the Loan Documents shall contradict or be in conflict deemed a representation and warranty with any terms or conditions of the Credit Agreement, after giving effect regard to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended herebyAgreement. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Third Amendment and Limited Waiver shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the The Credit Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the in full force and effect. The waivers, consents or and modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or Event of Default (other than the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Designated Event of Default), shall not operate as a consent to any further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedwaiver, pursuant to and in connection with the Guarantee and Collateral Agreement consent or any amendment or other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective terms, and acknowledges shall not be construed as an indication that all any future waiver or amendment of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each covenants or any other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement provision of the Credit Agreement as amended hereby will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by Borrowers remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this Third Amendment and Limited Waiver conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Third Amendment and Limited Waiver shall control. (b) Upon and after the effectiveness of this Third Amendment and Limited Waiver, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this AmendmentThird Amendment and Limited Waiver, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (cd) This Third Amendment and Limited Waiver is a Loan Document. (e) Unless the context of this Third Amendment and Limited Waiver clearly requires otherwise, references to the plural include the singular, references to the singular include the plural, the terms “includes” and “including” are not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or”. The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Third Amendment and Limited Waiver refer to this Third Amendment and Limited Waiver as a whole and not to any particular provision of this Third Amendment and Limited Waiver. Section, subsection, clause, schedule, and exhibit references herein are to this Third Amendment and Limited Waiver unless otherwise specified. Any reference in this Third Amendment and Limited Waiver to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein). The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties. Any reference herein to the satisfaction, repayment, or payment in full of the Obligations shall mean (a) the payment or repayment in full in immediately available funds of (i) the principal amount of, and interest accrued and unpaid with respect to, all outstanding Loans, together with the payment of any premium applicable to the repayment of the Loans, (ii) all Lender Group Expenses that have accrued and are unpaid regardless of whether demand has been made therefor, (iii) all fees or charges that have accrued hereunder, under the Credit Agreement, or under any other Loan Document (including the Letter of Credit Fee and the Unused Line Fee) and are unpaid, (b) in the case of contingent reimbursement obligations with respect to Letters of Credit, providing Letter of Credit Collateralization, (c) in the case of obligations with respect to Bank Products (other than Hedge Obligations), providing Bank Product Collateralization, (d) the receipt by Agent of cash collateral in order to secure any other contingent Obligations for which a claim or demand for payment has been made on or prior to such time or in respect of matters or circumstances known to Agent or a Lender at such time that are reasonably expected to result in any loss, cost, damage, or expense (including attorneys’ fees and legal expenses), such cash collateral to be in such amount as Agent reasonably determines is appropriate to secure such contingent Obligations, the payment or repayment in full in immediately available funds of all other outstanding Obligations (including the payment of any termination amount then applicable (or which would or could become applicable as a result of the repayment of the other Obligations) under Hedge Agreements provided by Hedge Providers) other than (i) unasserted contingent indemnification Obligations, (ii) any Bank Product Obligations (other than Hedge Obligations) that, at such time, are allowed by the applicable Bank Product Provider to remain outstanding without being required to be repaid or cash collateralized, and (iii) any Hedge Obligations that, at such time, are allowed by the applicable Hedge Provider to remain outstanding without being required to be repaid, and (f) the termination of all of the Commitments of the Lenders. Any reference herein to any Person shall be construed to include such Person’s successors and assigns. Any requirement of a writing contained herein shall be satisfied by the transmission of a Record.

Effect on Loan Documents. (a) 9.1 The amendments Credit Agreement and consent the Security Agreement, each as amended hereby, and each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification of or amendment of, any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right right, power, or remedy which the Administrative of Agent may now have or may have in the future any Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement and the Security Agreement expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect (other than as set forth in Section 9.3 of this Amendment). The consents, waivers and acknowledges as of modifications set forth herein are limited to the date hereof that such Loan Party has no defenses specifics hereof, shall not apply with respect to enforcement of any facts or occurrences other than those on which the same are based, shall neither excuse future non-compliance with the Loan Documents. Each Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under the Loan Party waives Documents and shall not be construed as an indication that any and all defenses to enforcement future waiver of covenants or any other provision of the Credit Agreement as amended hereby will be agreed to, it being understood that the granting or denying of any waiver which may hereafter be requested by any Loan Party remains in the sole and absolute discretion of the Agent and the Lenders. 9.2 Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents that might otherwise be available as a result of this Amendment of to “the Credit Agreement. To ”, “thereunder”, “therein”, “thereof” or words of like import referring to the extent any terms or provisions of this Amendment conflict with those of Credit Agreement, shall mean and be a reference to the Credit Agreement or other Loan Documents, the terms as modified and provisions of this Amendment shall controlamended hereby. (b) 9.3 To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement or the Security Agreement, in each case after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement and the Security Agreement as modified or amended hereby. (c) 9.4 This Amendment is a Loan Document. 9.5 Headings and numbers have been set forth herein for convenience only. Unless the contrary is compelled by the context, everything contained in each Section applies equally to this entire Amendment. 9.6 Neither this Amendment nor any uncertainty or ambiguity herein shall be construed against Agent, any member of the Lender Group, the Bank Product Providers or any Loan Party, whether under any rule of construction or otherwise. This Amendment has been reviewed by all parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purposes and intentions of all parties hereto. 9.7 The pronouns used herein shall include, when appropriate, either gender and both singular and plural, and the grammatical construction of sentences shall conform thereto. 9.8 This Amendment shall be subject to the construction provisions set forth in Section 1.4 of the Credit Agreement, and such provisions are incorporated herein by this reference, mutatis mutandis.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Second Amendment and Limited Waiver shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the The Credit Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the in full force and effect. The waivers, consents or and modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or Event of Default (other than the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Designated Event of Default), shall not operate as a consent to any further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedwaiver, pursuant to and in connection with the Guarantee and Collateral Agreement consent or any amendment or other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective terms, and acknowledges shall not be construed as an indication that all any future waiver or amendment of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each covenants or any other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement provision of the Credit Agreement as amended hereby will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by Borrowers remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this Second Amendment and Limited Waiver conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Second Amendment and Limited Waiver shall control. (b) Upon and after the effectiveness of this Second Amendment and Limited Waiver, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this AmendmentSecond Amendment and Limited Waiver, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (cd) This Second Amendment and Limited Waiver is a Loan Document. (e) Unless the context of this Second Amendment and Limited Waiver clearly requires otherwise, references to the plural include the singular, references to the singular include the plural, the terms “includes” and “including” are not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or”. The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Second Amendment and Limited Waiver refer to this Second Amendment and Limited Waiver as a whole and not to any particular provision of this Second Amendment and Limited Waiver. Section, subsection, clause, schedule, and exhibit references herein are to this Second Amendment and Limited Waiver unless otherwise specified. Any reference in this Second Amendment and Limited Waiver to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein). The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties. Any reference herein to the satisfaction, repayment, or payment in full of the Obligations shall mean (a) the payment or repayment in full in immediately available funds of (i) the principal amount of, and interest accrued and unpaid with respect to, all outstanding Loans, together with the payment of any premium applicable to the repayment of the Loans, (ii) all Lender Group Expenses that have accrued and are unpaid regardless of whether demand has been made therefor, (iii) all fees or charges that have accrued hereunder, under the Credit Agreement, or under any other Loan Document (including the Letter of Credit Fee and the Unused Line Fee) and are unpaid, (b) in the case of contingent reimbursement obligations with respect to Letters of Credit, providing Letter of Credit Collateralization, (c) in the case of obligations with respect to Bank Products (other than Hedge Obligations), providing Bank Product Collateralization, (d) the receipt by Agent of cash collateral in order to secure any other contingent Obligations for which a claim or demand for payment has been made on or prior to such time or in respect of matters or circumstances known to Agent or a Lender at such time that are reasonably expected to result in any loss, cost, damage, or expense (including attorneys’ fees and legal expenses), such cash collateral to be in such amount as Agent reasonably determines is appropriate to secure such contingent Obligations, the payment or repayment in full in immediately available funds of all other outstanding Obligations (including the payment of any termination amount then applicable (or which would or could become applicable as a result of the repayment of the other Obligations) under Hedge Agreements provided by Hedge Providers) other than (i) unasserted contingent indemnification Obligations, (ii) any Bank Product Obligations (other than Hedge Obligations) that, at such time, are allowed by the applicable Bank Product Provider to remain outstanding without being required to be repaid or cash collateralized, and (iii) any Hedge Obligations that, at such time, are allowed by the applicable Hedge Provider to remain outstanding without being required to be repaid, and (f) the termination of all of the Commitments of the Lenders. Any reference herein to any Person shall be construed to include such Person’s successors and assigns. Any requirement of a writing contained herein shall be satisfied by the transmission of a Record.

Effect on Loan Documents. Except as specifically amended hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing: (a) The amendments the execution, delivery and consent set forth effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or any Lender under any Loan Document, nor constitute a waiver of any provision of any Loan Document or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Collateral Agent and the Lenders under any Loan Document; (b) on and after the Third Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Credit Agreement and each reference in any other Loan Document to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement, and this Amendment and the Amended Credit Agreement shall be read together and construed as a single instrument; (c) nothing herein shall be limited precisely as written and shall not be deemed (a) to be entitle any Loan Party to a forbearancefurther amendment to, or a consent, waiver, modification or modification of other change of, any other term or condition of the Credit Agreement terms, conditions, obligations, covenants or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have agreements contained in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Amended Credit Agreement or any other Loan DocumentDocument in similar or different circumstances; (d) on the Third Amendment Effective Date, or to any waiver of any each of the provisions thereof; or 2018 Incremental First Lien Lender shall (ci) to limit or impair become a “Lender” and a “Term Lender” for all purposes of the Administrative Agent’s right to demand strict performance of all terms Amended Credit Agreement and covenants as of any date. Each the other Loan Party hereby ratifies and reaffirms its obligations Documents, (ii) have the 2018 Incremental First Lien Term Commitment which shall become a “Commitment” under the Amended Credit Agreement and (iii) make the 2018 Incremental First Lien Term Loan to the Borrower in a principal amount up to the 2018 Incremental First Lien Term Commitment, and the 2018 Incremental First Lien Term Loan shall be a “Term Loan” for all purposes of the Amended Credit Agreement and the other Loan Documents; and (e) each of the parties hereto hereby acknowledges and agrees that (i) this Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement and the other Loan Documents to which it is and (ii) the terms of this Amendment do not constitute a party and agrees that none novation but, rather, an amendment of the consents or modifications to terms of certain pre-existing Indebtedness and the Credit Agreement, as evidenced by the Amended Credit Agreement. For the avoidance of doubt, each representation and warranty in the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant with regard to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict deemed a representation and warranty with any terms or conditions of the Credit Agreement, after giving effect regard to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. Each of the parties hereto acknowledges and agrees that (a) The amendments the MUFG Agent, for itself and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition on behalf of the Credit Agreement or of any Loan Documents or MUFG Secured Parties, is entering into this agreement and considering the transactions contemplated hereby as an accommodation to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; MUFG Borrower, (b) to be a consent to any future consent or modificationthe WF Agent, forbearancefor itself and on behalf of the WF Secured Parties, or waiver is entering into this agreement and considering the transactions contemplated hereby as an accommodation to the Credit Agreement or any other Loan DocumentWF Borrower, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under conditions contained herein may be contrary to or inconsistent with the Credit Agreement and the other Loan Documents to which it is a party and agrees that none provisions of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the MUFG Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other WF Loan Documents that might otherwise be available as a result but in the event of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documentssuch event, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of this Agreement shall supersede any contrary or inconsistent provisions of the Credit Agreement MUFG Loan Documents or the WF Loan Documents, (d) no act or omission by the MUFG Agent, any MUFG Secured Party, the WF Agent, or any WF Secured Party in accordance herewith shall constitute or be deemed to be a breach by such party or violation of its duties under any of the MUFG Loan Documents or the WF Loan Documents, as modified applicable, including without limitation any commitments to make extensions of credit or amended herebyconfidentiality provisions, and hereby consents to such acts and omissions, and (e) nothing contained herein shall be deemed to be or constitute a consent to or waiver of any obligations or duties of the MUFG Borrower or of the Servicer or any of their respective affiliates under any of the MUFG Loan Documents or of the Servicer or WF Borrower or any of their respective affiliates under any of the WF Loan Documents, except with respect to the transition of servicing of Split-Funded Notes Receivable to the Special Servicer during any Special Servicer Period. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement, the Forbearance Agreement and consent each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of Lender under the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which Agreement, the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Forbearance Agreement or any other Loan Document, or . Except for the amendments to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the Forbearance Agreement expressly set forth herein, the Credit Agreement, Forbearance Agreement and other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents or in full force and effect. The modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse future non-compliance with the Loan Documents nor operate as a waiver of any Default or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Event of Default, shall not operate as a consent to any further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedwaiver, pursuant to and in connection with the Guarantee and Collateral Agreement consent or any amendment or other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective terms, and acknowledges shall not be construed as an indication that all any future waiver or amendment of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each covenants or any other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement provision of the Credit Agreement as amended hereby will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by any Xxxxxxxx remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Xxxxxxx. To the extent that any terms or provisions of this Amendment conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Amendment shall control. (b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (c) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended herebyAgreement. (cd) This Amendment is a Loan Document.

Effect on Loan Documents. Except as specifically amended hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing: (a) The amendments the execution, delivery and consent set forth effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or any Lender under any Loan Document, nor constitute a waiver of any provision of any Loan Document or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Collateral Agent and the Lenders under any Loan Document; (b) on and after the Fourth Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Credit Agreement and each reference in any other Loan Document to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement, and this Amendment and the Amended Credit Agreement shall be read together and construed as a single instrument; (c) nothing herein shall be limited precisely as written and shall not be deemed (a) to be entitle any Loan Party to a forbearancefurther amendment to, or a consent, waiver, modification or modification of other change of, any other term or condition of the Credit Agreement terms, conditions, obligations, covenants or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have agreements contained in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Amended Credit Agreement or any other Loan DocumentDocument in similar or different circumstances; (d) on the Fourth Amendment Effective Date, or to any waiver of any each 2021 Incremental First Lien Lender shall (i) become a “Lender” and a “Term Lender” for all purposes of the provisions thereof; or Amended Credit Agreement and the other Loan Documents, (cii) to limit or impair have the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations 2021 Incremental First Lien Term Commitment which shall become a “Commitment” under the Amended Credit Agreement and (iii) make the 2021 Incremental First Lien Term Loan to the Borrower in a principal amount up to the 2021 Incremental First Lien Term Commitment, and the 2021 Incremental First Lien Term Loan shall be a “Term Loan” for all purposes of the Amended Credit Agreement and the other Loan Documents; and (e) each of the parties hereto hereby acknowledges and agrees that (i) this Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement and the other Loan Documents to which it is a party and agrees that none of (ii) the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result terms of this Amendment do not constitute a novation but, rather, an amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect as evidenced by the Amended Credit Agreement. For the avoidance of doubt, each representation and warranty in the Credit Agreement with regard to the Loan Documents shall be deemed a representation and warranty with regard to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Existing Guaranty, as amended hereby, and consent each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of Lender under the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement Guaranty or any other Loan Document. Except for the amendments to the Existing Guaranty expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement Existing Guaranty and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents or in full force and effect. The modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Event of Default or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Unmatured Event of Default, shall not operate as a consent to any waiver, consent or further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement amendment or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective termsand shall not be construed as an indication that any future waiver or amendment of covenants or any other provision of the Guaranty will be agreed to, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees it being understood that the Credit Agreement granting or denying of any waiver or amendment which may hereafter be requested by Borrower or Guarantor remains in the sole and each other Loan Document is still in full force absolute discretion of Agent and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit AgreementLenders. To the extent that any terms or provisions of this Amendment conflict with those of the Credit Agreement Guaranty or the other Loan Documents, the terms and provisions of this Amendment shall control. (b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Guaranty, and each reference in the other Loan Documents to “the Guaranty”, “thereunder”, “therein”, “thereof” or words of like import referring to the Guaranty, shall mean and be a reference to the Guaranty modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit AgreementGuaranty, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement Guaranty as modified or amended hereby. (cd) This Amendment is a Loan Document. (e) The rules of construction set forth in Section 1.2 of the Credit Agreement are incorporated herein by this reference, mutatis mutandis.

Effect on Loan Documents. (a) Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (b) The amendments execution, delivery and consent set forth herein shall be limited precisely as written and effectiveness of this First Amendment shall not be deemed (a) to be operate as a forbearance, waiver, or modification waiver of any other term right, power or condition of the Credit Agreement or remedy of any Loan Documents Lender or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with any of the Loan Documents; , nor in any way limit, impair or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Loan Documents. (bi) Each of the Borrower and Guarantor acknowledges and agrees that, on and after the First Amendment Effective Date, this First Amendment shall constitute a Loan Document for all purposes under the Amended Loan Agreement and (ii) each of the Borrower and Guarantor hereby (A) agrees that the liens created by the Loan Documents for the benefit of the Lenders continue to be in full force and effect on a consent to any future consent or modificationcontinuous basis, forbearanceand (B) affirms, or waiver to acknowledges and confirms all of its obligations and liabilities under the Credit Loan Agreement or any and each other Loan DocumentDocument to which it is a party, or in each case after giving effect to any waiver of any of this First Amendment, all as provided in such Loan Documents, and acknowledges and agrees that such obligations and liabilities continue in full force and effect on a continuous basis in respect of, and to secure, the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations Obligations under the Credit Amended Loan Agreement and the other Loan Documents, in each case after giving effect to this First Amendment. (d) On and after the First Amendment Effective Date, (i) each reference in the Amended Loan Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to which it is “Loan Agreement”, “thereunder”, “thereof” or words of like import referring to the Loan Agreement shall mean and be a party reference to the Amended Loan Agreement, (ii) each Increasing Contract Draw Lender shall constitute a Lender under and agrees that none defined in the Amended Loan Agreement and (iii) the commitments in respect of the consents 2019 Contract Draw Loan Commitment Increase shall constitute “Contract Draw Loan Commitments” under and defined in the Amended Loan Agreement. (e) Nothing herein shall be deemed to entitle the Borrower or modifications Guarantor to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents a further consent to, or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby a further ratifies and reaffirms the validity and enforceability of all waiver, amendment, modification or other change of, any of the Liens heretofore grantedterms, pursuant to and conditions, obligations, covenants or agreements contained in connection with the Guarantee and Collateral Amended Loan Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms similar or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controldifferent circumstances. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents Document or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Fifth Amendment and Waiver shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of any other term Agent or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. The waivers set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), or shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future noncompliance with the Loan Documents nor operate as a waiver of any Default or Event of Default (other than the provisions thereof; Specified Default), shall not operate as a consent to any further waiver, consent or (c) to limit amendment or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights matter under the Loan Documents. Each Loan Party hereby further ratifies , and reaffirms the validity and enforceability shall not be construed as an indication that any future waiver or amendment of all covenants or any other provision of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Credit Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Partieswill be agreed to, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees it being understood that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as granting or denying of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of waiver or amendment which may hereafter be requested by the Credit Agreement as amended hereby Parties remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this Fifth Amendment and Waiver conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Fifth Amendment and Waiver shall control. (b) Upon and after the effectiveness of this Fifth Amendment and Waiver, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this AmendmentFifth Amendment and Waiver, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (cd) This Fifth Amendment and Waiver is a “Loan Document” for purposes of the Credit Agreement and the other Loan Documents. (e) Any reference in this Fifth Amendment and Waiver to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein).

Effect on Loan Documents. (a) 9.1 The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each The Borrowers, on behalf of each Loan Party Party, hereby ratifies ratify and reaffirms its reaffirm the Borrowers’ obligations under the Credit Agreement and the each Loan Party’s obligations under each other Loan Documents Document to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each The Borrowers, on behalf of each Loan Party Party, hereby further ratifies ratify and reaffirms reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended and increased hereby) from and after the date hereof. Each The Borrowers, on behalf of each Loan Party acknowledges Party, acknowledge and agrees agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges acknowledge as of the date hereof that such no Loan Party has no any defenses to enforcement of the Loan Documents. Each The Borrowers, on behalf of each Loan Party waives Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) 9.2 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) 9.3 This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments consent and consent waiver set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents Document or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment Consent shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment Consent of the Credit Agreement. To the extent any terms or provisions of this Amendment Consent conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment Consent shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Fourth Amendment and Limited Waiver shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the The Credit Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the in full force and effect. The waivers, consents or and modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or Event of Default (other than the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Designated Event of Default), shall not operate as a consent to any further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedwaiver, pursuant to and in connection with the Guarantee and Collateral Agreement consent or any amendment or other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective terms, and acknowledges shall not be construed as an indication that all any future waiver or amendment of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each covenants or any other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement provision of the Credit Agreement as amended hereby will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by Borrowers remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this Fourth Amendment and Limited Waiver conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Fourth Amendment and Limited Waiver shall control. (b) Upon and after the effectiveness of this Fourth Amendment and Limited Waiver, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this AmendmentFourth Amendment and Limited Waiver, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (cd) This Fourth Amendment and Limited Waiver is a Loan Document. (e) Unless the context of this Fourth Amendment and Limited Waiver clearly requires otherwise, references to the plural include the singular, references to the singular include the plural, the terms “includes” and “including” are not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or”. The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Fourth Amendment and Limited Waiver refer to this Fourth Amendment and Limited Waiver as a whole and not to any particular provision of this Fourth Amendment and Limited Waiver. Section, subsection, clause, schedule, and exhibit references herein are to this Fourth Amendment and Limited Waiver unless otherwise specified. Any reference in this Fourth Amendment and Limited Waiver to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein). The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties. Any reference herein to the satisfaction, repayment, or payment in full of the Obligations shall mean (a) the payment or repayment in full in immediately available funds of (i) the principal amount of, and interest accrued and unpaid with respect to, all outstanding Loans, together with the payment of any premium applicable to the repayment of the Loans, (ii) all Lender Group Expenses that have accrued and are unpaid regardless of whether demand has been made therefor, (iii) all fees or charges that have accrued hereunder, under the Credit Agreement, or under any other Loan Document (including the Letter of Credit Fee and the Unused Line Fee) and are unpaid, (b) in the case of contingent reimbursement obligations with respect to Letters of Credit, providing Letter of Credit Collateralization, (c) in the case of obligations with respect to Bank Products (other than Hedge Obligations), providing Bank Product Collateralization, (d) the receipt by Agent of cash collateral in order to secure any other contingent Obligations for which a claim or demand for payment has been made on or prior to such time or in respect of matters or circumstances known to Agent or a Lender at such time that are reasonably expected to result in any loss, cost, damage, or expense (including attorneys’ fees and legal expenses), such cash collateral to be in such amount as Agent reasonably determines is appropriate to secure such contingent Obligations, the payment or repayment in full in immediately available funds of all other outstanding Obligations (including the payment of any termination amount then applicable (or which would or could become applicable as a result of the repayment of the other Obligations) under Hedge Agreements provided by Hedge Providers) other than (i) unasserted contingent indemnification Obligations, (ii) any Bank Product Obligations (other than Hedge Obligations) that, at such time, are allowed by the applicable Bank Product Provider to remain outstanding without being required to be repaid or cash collateralized, and (iii) any Hedge Obligations that, at such time, are allowed by the applicable Hedge Provider to remain outstanding without being required to be repaid, and (f) the termination of all of the Commitments of the Lenders. Any reference herein to any Person shall be construed to include such Person’s successors and assigns. Any requirement of a writing contained herein shall be satisfied by the transmission of a Record.

Effect on Loan Documents. (a) The amendments Facility Agreement, as modified hereby, and consent each of the other Loan Documents, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Waiver shall not operate, except with respect to the waiver expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification or amendment of, any right, power, or remedy of any other term or condition of Secured Party under the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Facility Agreement or any other Loan Document. Except for the waiver expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Facility Agreement and the other Loan Documents to which it shall remain unchanged and in full force and effect. The waiver set forth herein is a party and agrees that none of the consents or modifications limited to the Credit specified provisions of this Waiver, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse future non-compliance with this Waiver, the Facility Agreement set forth in this Amendment shall impair such Loan Party’s obligations under and the other Loan Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under this Waiver, the Administrative Agent’s rights under Facility Agreement and the other Loan Documents. Each Loan Party hereby further ratifies Documents and reaffirms shall not be construed as an indication that any waiver of covenants or any other provision of this Waiver, the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Facility Agreement or any other Loan Document to will be agreed to, it being understood that the Administrative Agent on behalf granting or denying of any waiver which may hereafter be requested by Borrower or any other Loan Party Obligor remains in the sole and for the benefit absolute discretion of the Secured Parties, as collateral security for Collateral Agent and the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlLenders. (b) To Upon the extent that any terms effectiveness of this Waiver, each reference in the Facility Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Facility Agreement, and conditions each reference in any of the other Loan Documents shall contradict to “the Facility Agreement”, “thereunder”, “therein”, “thereof” or be in conflict with any terms or conditions words of like import referring to the Credit Facility Agreement, after giving effect shall mean and be a reference to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Facility Agreement as modified or amended herebyby this Waiver. (c) This Amendment Waiver is a Loan Document.

Effect on Loan Documents. (a) a. The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents Document or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) b. To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) c. This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents Document that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) 10.1 The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each The Borrowers, on behalf of each Loan Party Party, hereby ratifies ratify and reaffirms its reaffirm the Borrowers’ obligations under the Credit Agreement and the each Loan Party’s obligations under each other Loan Documents Document to which it is a party and agrees agree that none of the consents or modifications to the Credit Agreement set forth in provisions of this Amendment Consent shall impair such any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each The Borrowers, on behalf of each Loan Party Party, hereby further ratifies ratify and reaffirms reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges acknowledge that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each The Borrowers, on behalf of each Loan Party acknowledges Party, acknowledge and agrees agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges acknowledge as of the date hereof that such no Loan Party has no any defenses to enforcement of the Loan Documents. Each The Borrowers, on behalf of each Loan Party waives Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents Document that might otherwise be available as a result of this Amendment of the Credit AgreementConsent. To the extent any terms or provisions of this Amendment Consent conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment Consent shall control. (b) 10.2 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this AmendmentConsent, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended herebyafter giving effect to this Consent. (c) 10.3 This Amendment Consent is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this First Amendment to Fifth Amendment and Waiver shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of any other term Agent or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. The waivers set forth in the Fifth Amendment and Waiver (as amended hereby) are limited to the specifics thereof (including facts or occurrences on which the same are based), or shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future noncompliance with the Loan Documents nor operate as a waiver of any Default or Event of Default (other than the provisions thereof; Specified Default), shall not operate as a consent to any further waiver, consent or (c) to limit amendment or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights matter under the Loan Documents. Each Loan Party hereby further ratifies , and reaffirms the validity and enforceability shall not be construed as an indication that any future waiver or amendment of all covenants or any other provision of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Credit Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Partieswill be agreed to, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees it being understood that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as granting or denying of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of waiver or amendment which may hereafter be requested by the Credit Agreement as amended hereby Parties remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this the Fifth Amendment and Waiver (as amended hereby) conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this the Fifth Amendment and Waiver (as amended hereby) shall control. (b) Upon and after the effectiveness of this First Amendment to Fifth Amendment and Waiver, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this AmendmentFirst Amendment to Fifth Amendment and Waiver, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (cd) This First Amendment to Fifth Amendment and Waiver is a “Loan Document” for purposes of the Credit Agreement and the other Loan Documents. (e) Any reference in this First Amendment to Fifth Amendment and Waiver to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein).

Effect on Loan Documents. (a) The amendments Obligors accept and consent set forth herein shall agree that with effect from the Effective Date, the Amortizations due on April 15, 2023 and 15 January 2024 will be limited precisely payable on April 15, 2024 and as written a result an Amortization of $50,000,000 will be due and shall not be deemed payable on April 15, 2024 (together with all interest, compounded interest, fees and expenses due thereon in accordance with the Loan Agreement). (b) Parent shall, as security for the Secured Obligations, (a) cause each Subsidiary Guarantor to be grant to the Lender, a forbearancesecurity interest in all of such Subsidiary Guarantor’s assets pursuant to such Security Documents as the Lender may require, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; and (b) to promptly (and in any event within ten Business Days) after repayment or prepayment of Tranche 3 (under and as defined in the DSM Loan Agreement), enter into a pledge of all its interest in the equity interests held by the Parent in Amyris RealSweet, LLC and take all steps in connection therewith as Lender may reasonably require, including providing legal opinions (c) The Loan Agreement, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Agreement shall not operate, except as expressly set forth herein, as a consent to modification or waiver of any future consent or modificationright, forbearancepower, or waiver to remedy of the Credit Lender under the Loan Agreement or any other Loan Document. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any waiver of any of facts or occurrences other than those on which the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms same are based, and covenants except as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement expressly set forth in this Amendment herein, shall impair such Loan Party’s obligations under neither excuse any non-compliance with the Loan Documents Documents, nor operate as a consent or the Administrative Agent’s rights waiver to any matter under the Loan Documents. Each Except for the consents and amendments to the Loan Party hereby further ratifies Agreement expressly set forth herein, the Loan Agreement and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf Documents shall remain unchanged and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment Agreement conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment Agreement shall control. (bd) Upon and after the Effective Date, each reference in the Loan Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Loan Agreement, and each reference in the other Loan Documents to “the Loan Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Loan Agreement, shall mean and be a reference to the Loan Agreement as modified and amended hereby. (e) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this AmendmentAgreement, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement Loan Agreement, as modified or amended hereby. (cf) This Amendment Agreement is a Loan Document. References to “Sections” are to sections of the Loan Agreement, unless otherwise stated.

Effect on Loan Documents. (a) The amendments Credit Agreement, as amended hereby, and consent each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of Lender under the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit LEGAL_US_W # 114934041.4 Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the in full force and effect. The amendments, waivers, consents or and modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Event of Default, shall not operate as a consent to any further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedwaiver, pursuant to and in connection with the Guarantee and Collateral Agreement consent or any amendment or other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective terms, and acknowledges shall not be construed as an indication that all any future waiver or amendment of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each covenants or any other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement provision of the Credit Agreement as amended hereby will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by any Borrower remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this Amendment conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Amendment shall control. (b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (cd) This Amendment is a Loan Document. (e) Unless the context of this Amendment clearly requires otherwise, references to the plural include the singular, references to the singular include the plural, the terms “includes” and “including” are not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or”. The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Amendment refer to this Amendment as a whole and not to any particular provision of this Amendment. Section, subsection, clause, schedule, and exhibit references herein are to this Amendment unless otherwise specified. Any reference in this Amendment to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein). The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties. Any reference herein to any Person shall be construed to include such Person’s successors and assigns.

Effect on Loan Documents. (a) The Credit Agreement and the Guaranty, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of Agent or any Lender under the Credit Agreement, the Guaranty, or any other Loan Document. Except for the amendments to the Credit Agreement and consent the Guaranty expressly set forth herein, the Credit Agreement, the Guaranty, and the other Loan Documents shall remain unchanged and in full force and effect. The modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall be limited precisely not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as written a waiver of any Event of Default or Unmatured Event of Default, shall not operate as a consent to any waiver, consent or further amendment or other matter under the Loan Documents, and shall not be deemed (a) to be a forbearance, waiver, construed as an indication that any future waiver or modification amendment of covenants or any other term or condition provision of the Credit Agreement or the Guaranty will be agreed to, it being understood that the granting or denying of any Loan Documents waiver or to prejudice any right or remedy amendment which the Administrative Agent may now have or may have hereafter be requested by Borrower remains in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver sole and absolute discretion of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement Agent and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit AgreementLenders. To the extent that any terms or provisions of this Amendment conflict with those of the Credit Agreement Agreement, the Guaranty, or the other Loan Documents, the terms and provisions of this Amendment shall control. (b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement and Guaranty to “this Agreement”, “this Guaranty”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “the Guaranty”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement or the Guaranty, shall mean and be a reference to the Credit Agreement and the Guaranty, respectively, as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit AgreementAgreement or the Guaranty, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement and the Guaranty as modified or amended hereby. (cd) This Amendment is a Loan Document. (e) The rules of construction set forth in Section 1.2 of the Credit Agreement are incorporated herein by this reference, mutatis mutandis.

Effect on Loan Documents. Except as specifically amended hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing: (a) The amendments each 2024 Incremental Term Loan Lender acknowledges and consent agrees that upon the funding of the 2024 Incremental Term Loans, such 2024 Incremental Term Loan Lender shall be deemed to be a “Lender” and “Term Lender” under, and for all purposes of, the Amended Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder pursuant to the terms of the Amended Credit Agreement. (b) except as set forth in this Agreement, the 2024 Incremental Term Loans shall otherwise be subject to the provisions of the Amended Credit Agreement and the other Loan Documents. (c) the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or any Lender under any Loan Document, nor constitute a waiver of any provision of any Loan Document or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Collateral Agent and the Lenders under any Loan Document; (d) on and after the Amendment No. 6 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Credit Agreement and each reference in any other Loan Document to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Agreement, and this Agreement and the Credit Agreement shall be read together and construed, as a single instrument; (e) nothing herein shall be limited precisely as written and shall not be deemed to entitle the Borrowers (aor any other Loan Party) to be a forbearancefurther amendment to, or a consent, waiver, modification or modification of other change of, any other term or condition of the Credit Agreement terms, conditions, obligations, covenants or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have agreements contained in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Amended Credit Agreement or any other Loan Document, Document in similar or to any waiver of any different circumstances; and (f) each of the provisions thereof; or (c) to limit or impair parties hereto hereby acknowledges and agrees that this Agreement shall constitute a Loan Document for all purposes of the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Amended Credit Agreement and the other Loan Documents to which it is and (ii) the terms of this Agreement do not constitute a party and agrees that none novation but, rather, an amendment of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies terms of certain pre-existing Indebtedness and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges the incurrence of certain new indebtedness, as of evidenced by the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Amended Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To For the extent any terms or provisions avoidance of this Amendment conflict with those of doubt, each representation and warranty in the Amended Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of with regard to the Loan Documents shall contradict or be in conflict deemed a representation and warranty with any terms or conditions of the Credit Agreement, after giving effect regard to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended herebyAgreement. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The Credit Agreement and the Security Agreement, each as amended hereby, and each of the other Loan Documents, as amended as of the date hereof (as applicable), shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except with respect to the waivers, modifications and amendments and consent expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification or amendment of, any right, power, or remedy of Agent or any other term or condition of Lender under the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which Agreement, the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Security Agreement or any other Loan Document. Except for the amendments to the Loan Documents expressly set forth herein or contemplated hereby, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement, the Security Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents in full force and effect. The waivers, amendments, modifications and other agreements set forth herein or modifications contemplated hereby are limited to the specified provisions of this Amendment (including the Amended Credit Agreement set forth in this Amendment and the Security Agreement (as amended hereby)), shall impair such not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse future non-compliance with the Loan Party’s obligations Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under the Loan Documents and shall not be construed as an indication that any waiver of covenants or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all any other provision of the Liens heretofore grantedAmended Credit Agreement (including the Credit Agreement as amended hereby), pursuant to and in connection with the Guarantee and Collateral Security Agreement (as amended hereby) or any other Loan Document to will be agreed to, it being understood that the Administrative Agent on behalf granting or denying of any waiver which may hereafter be requested by the Borrowers or any other Loan Party remains in the sole and for the benefit absolute discretion of the Secured Parties, as collateral security for Agent and the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlLenders. (b) Upon and after the Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement. Upon and after the Second Amendment Effective Date, each reference in the Security Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Security Agreement, and each reference in the other Loan Documents to “the Security Agreement”, the “Guaranty and Security Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Security Agreement, shall mean and be a reference to the Security Agreement (as amended hereby). (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Amended Credit Agreement or the Security Agreement, after giving effect to this Amendmentas applicable, such terms and conditions are hereby deemed modified or and amended accordingly to reflect the terms and conditions of the Amended Credit Agreement and the Security Agreement (as modified or amended hereby), as applicable (effective, in each case, as of the Second Amendment Effective Date). (cd) This Amendment (including the Amended Credit Agreement and the Security Agreement (as amended hereby)) is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement, as amended hereby, and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification each of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party Documents, as amended hereby, shall be and agrees that none of the consents or modifications to the Credit Agreement set forth remain in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documentsfull force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, granted pursuant to terms and subject to the conditions set forth in connection with the Guarantee and Collateral Agreement Agreement, the other Security Documents or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, Documents in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges hereby further ratifies and agrees that reaffirms the Credit Agreement validity and enforceability of the appointment of the Administrative Agent as attorney-in-fact under each other applicable Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses all pursuant to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions subject to the conditions set forth therein. The execution, delivery, and performance of this Amendment shall control.not operate, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Credit Agreement, the Loan Documents or instruments securing the same. The amendments, consents, modifications, waivers and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, Agreement after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The Loan Documents (including as shall be amended hereby on the date of this Amendment and the First Amendment Effective Date), shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except with respect to the modifications and amendments and consent expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification of or amendment of, any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right right, power, or remedy which of Agent or any Lender under the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Facility Agreement or any other Loan Document. Except for the amendments to the Facility Agreement and other Loan Documents expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Facility Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents or in full force and effect. The amendments, modifications and other agreements set forth herein are limited to the Credit Agreement set forth in this Amendment specified provisions hereof, shall impair such not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse future non-compliance with the Loan Party’s obligations Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under the Loan Documents and shall not be construed as an indication that any waiver of covenants or any other provision of the Administrative Agent’s rights under the Loan Documents. Each Facility Agreement or other Loan Party hereby further ratifies and reaffirms will be agreed to, it being understood that the validity and enforceability granting or denying of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement any waiver which may hereafter be requested by Borrower or any other Loan Document to Party remains in the Administrative Agent on behalf sole and for the benefit absolute discretion of the Secured Parties, as collateral security for Agent and the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlLenders. (b) Upon and after the effectiveness of this Amendment, each reference in the Facility Agreement (the Exhibits thereto), the Loan Notes, the Warrants and the Registration Rights Agreement to “this Amendment,” “hereunder,” “herein,” “hereof” or words of like import referring to the Facility Agreement (and the applicable Exhibits thereto), the Loan Notes, the Warrants or the Registration Rights Agreement and each reference in the other Loan Documents to “the Facility Agreement,” “Schedule 3.1(y) to the Facility Agreement,” “Exhibit I to the Facility Agreement,” “Exhibit 2.7 to the Facility Agreement,” “the Loan Notes,” “the Warrants,” “the Registration Rights Agreement,” “thereunder,” “therein,” “thereof” or words of like import referring to the Facility Agreement, Schedule 3.1(y) to the Facility Agreement, Exhibit I to the Facility Agreement, Exhibit 2.7 to the Facility Agreement, the Loan Notes, the Warrants or the Registration Rights Agreement, shall mean and be a reference to the Facility Agreement, Schedule 3.1(y) to the Facility Agreement, Exhibit I to the Facility Agreement, Exhibit 2.7 to the Facility Agreement, the Loan Notes, the Warrants or the Registration Rights Agreement, in each case, as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Facility Agreement, Schedule 3.1(y) to the Facility Agreement, Exhibit I to the Facility Agreement, Exhibit 2.7 to the Facility Agreement, the Loan Notes, the Warrants or the Registration Rights Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or and amended accordingly to reflect the terms and conditions of the Credit Agreement Facility Agreement, Schedule 3.1(y) to the Facility Agreement, Exhibit I to the Facility Agreement, Exhibit 2.7 to the Facility Agreement, the Loan Notes, the Warrants and the Registration Rights Agreement, in each case, as modified or and amended hereby. (cd) This Amendment is a Loan Document.

Effect on Loan Documents. Except as specifically amended hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing: (a) The amendments the execution, delivery and consent set forth effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent, the Collateral Agent or any Lender under any Loan Document, nor constitute a waiver of any provision of any Loan Document or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent, the Collateral Agent and the Lenders under any Loan Document; (b) on and after the Second Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Credit Agreement and each reference in any other Loan Document to “the Credit Agreement,” “thereunder,” “thereof,” “therein” or words of like import referring to the Credit Agreement shall mean and be a reference to the Amended Credit Agreement, and this Amendment and the Amended Credit Agreement shall be read together and construed as a single instrument; (c) nothing herein shall be limited precisely as written and shall not be deemed (a) to be entitle any Loan Party to a forbearancefurther amendment to, or a consent, waiver, modification or modification of other change of, any other term or condition of the Credit Agreement terms, conditions, obligations, covenants or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have agreements contained in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Amended Credit Agreement or any other Loan DocumentDocument in similar or different circumstances; (d) on the Second Amendment Effective Date, or to any waiver of any the 2017 Incremental First Lien Lender shall (i) become a “Lender” and a “Term Lender” for all purposes of the provisions thereof; or Amended Credit Agreement and the other Loan Documents, (cii) to limit or impair have the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations 2017 Incremental First Lien Term Commitment which shall become a “Commitment” under the Amended Credit Agreement and (iii) make the 2017 Incremental First Lien Term Loan to the Borrower in a principal amount up to the 2017 Incremental First Lien Term Commitment, and the 2017 Incremental First Lien Term Loan shall be a “Term Loan” for all purposes of the Amended Credit Agreement and the other Loan Documents; and (e) each of the parties hereto hereby acknowledges and agrees that (i) this Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement and the other Loan Documents to which it is and (ii) the terms of this Amendment do not constitute a party and agrees that none novation but, rather, an amendment of the consents or modifications to terms of certain pre-existing Indebtedness and the Credit Agreement, as evidenced by the Amended Credit Agreement. For the avoidance of doubt, each representation and warranty in the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant with regard to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict deemed a representation and warranty with any terms or conditions of the Credit Agreement, after giving effect regard to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The Facility Agreement (including as amended hereby), and each of the other Loan Documents, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except with respect to the modifications and amendments and consent expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification of or amendment of, any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right right, power, or remedy which of Agent or any Lender under the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Facility Agreement or any other Loan Document. Except for the amendments to the Facility Agreement expressly set forth herein or contemplated hereby, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Facility Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents in full force and effect. The amendments, modifications and other agreements set forth herein or modifications contemplated hereby are limited to the Credit Agreement set forth in specified provisions of this Amendment (including the Facility Agreement (as amended hereby)) shall impair such not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse future non-compliance with the Loan Party’s obligations Documents (including as amended hereby, as applicable) nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under the Loan Documents (including as amended hereby, as applicable) and shall not be construed as an indication that any waiver of covenants or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all any other provision of the Liens heretofore grantedFacility Agreement (including as amended hereby) will be agreed to, pursuant to and in connection with it being understood that the Guarantee and Collateral Agreement granting or denying of any waiver which may hereafter be requested by Borrower or any other Loan Document to Party remains in the Administrative Agent on behalf sole and for the benefit absolute discretion of the Secured Parties, as collateral security for Agent and the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlLenders. (b) Upon and after the effectiveness of this Amendment, each reference in the Facility Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Facility Agreement, and each reference in the other Loan Documents to “the Facility Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Facility Agreement, shall mean and be a reference to the Facility Agreement as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, Facility Agreement after giving effect to this Amendment, such terms and conditions are hereby deemed modified or and amended accordingly to reflect the terms and conditions of the Credit Facility Agreement (as modified or and amended hereby). (cd) This Amendment (including the Facility Agreement as amended hereby) is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereofhereof in accordance with the terms of the applicable Loan Documents. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement, as amended hereby, and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification each of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party Documents, as amended hereby, shall be and agrees that none of the consents or modifications to the Credit Agreement set forth remain in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documentsfull force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, granted pursuant to terms and subject to the conditions set forth in connection with the Guarantee and Collateral Agreement Agreement, the other Security Documents or any other Loan ny-2543512 Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, Documents in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges hereby further ratifies and agrees that reaffirms the validity and enforceability of the appointment of the Administrative Agent as attorney-in-fact under each applicable Loan Document all pursuant to terms and subject to the conditions set forth therein. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Credit Agreement, the Loan Documents or instruments securing the same. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse any non-compliance with the Loan Documents as amended herein, and shall not operate as a consent or waiver to any matter under the Loan Documents as amended herein. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement, the Guarantee and each Collateral Agreement and other Loan Document is still Documents shall remain unchanged and in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, Agreement after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent set forth herein each of the other Loan Documents shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution and delivery of any other term or condition this Second Amendment and the performance of this Second Amendment and the Credit Agreement (as modified by Amendment No. 4 (as amended hereby)) shall not operate, except as expressly set forth herein, as a modification or waiver of any Loan Documents or to prejudice any right right, power, or remedy which of Agent or the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. The waivers set forth in Amendment No. 4 (as amended hereby) are limited to the specifics thereof (including facts or occurrences on which the same are based), or shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non­compliance with the Loan Documents nor operate as a waiver of any Default or Event of Default (other than the provisions thereof; Specified Default), shall not operate as a consent to any further waiver, consent or (c) to limit amendment or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights matter under the Loan Documents. Each Loan Party hereby further ratifies , and reaffirms the validity and enforceability shall not be construed as an indication that any future waiver or amendment of all covenants or any other provision of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Credit Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Partieswill be agreed to, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees it being understood that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as granting or denying of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of waiver or amendment which may hereafter be requested by the Credit Agreement as amended hereby Parties remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this Amendment No. 4 (as amended hereby) conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Amendment No. 4 (as amended hereby) shall control. (b) Upon and after the effectiveness of this Second Amendment, (x) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified by Amendment No. 4 (as amended hereby) and (y) each reference in the Credit Agreement to “Amendment No. 4”, “thereunder”, “therein”, “thereof” or words of like import referring to Amendment No. 4, and each reference in the other Loan Documents to “Amendment No. 4”, “thereunder”, “therein”, “thereof” or words of like import referring to Amendment No. 4, shall mean and be a reference to Amendment No. 4 as modified hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this AmendmentAmendment No. 4 (as modified hereby), such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or by Amendment No. 4 (as amended hereby). (cd) This Second Amendment is a “Loan Document” for purposes of the Credit Agreement and the other Loan Documents. (e) Any reference in this Second Amendment to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein).

Effect on Loan Documents. (a) The amendments and consent waivers set forth herein shall be limited precisely as written and shall not be deemed (ai) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Lender may now have or may have in the future under or in connection with the Loan Documents; (bii) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (ciii) to limit or impair the Administrative AgentLender’s right to demand strict performance of all terms and covenants as of any date, provided that Lender agrees that it will not charge interest pursuant to Section 2.3 of the Loan Agreement related to the Existing Event of Default specifically identified herein until the Waiver Condition Failure Date, and then only beginning with such date. Each Loan Party Borrower hereby ratifies and reaffirms its obligations under the Credit Loan Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications waivers to the Credit Loan Agreement set forth in this Amendment Waiver shall impair such Loan PartyBorrower’s obligations under the Loan Documents or the Administrative AgentLender’s rights under the Loan Documents. Each Loan Party Borrower hereby further ratifies and reaffirms the validity and enforceability of all of the Liens liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document Documents to the Administrative Agent on behalf and for the benefit of the Secured PartiesLender, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liensliens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party Borrower acknowledges and agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party Borrower has no defenses to enforcement of the Loan Documents. Each Loan Party Borrower waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlWaiver. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment Waiver is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent waiver set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Bank may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative AgentBank’s right to demand strict performance of all terms and covenants as of any date. Each Loan Credit Party hereby ratifies and reaffirms its obligations under the Credit Loan Agreement and the other Loan Documents to which it is a party party, as amended hereby, and agrees that none of the consents or modifications waivers to the Credit Loan Agreement set forth in this Amendment Waiver shall impair such Loan Credit Party’s obligations under the Loan Documents or the Administrative AgentBank’s rights under the Loan Documents. Each Loan Credit Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement Guaranty or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured PartiesBank, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Credit Party acknowledges and agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect effect, as amended hereby, and acknowledges as of the date hereof that such Loan Credit Party has no defenses to enforcement of the Loan Documents. Each Loan Credit Party waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlWaiver. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment Waiver is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents Document or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby further ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent the Guaranty, as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or . Except for the amendments to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the Guaranty expressly set forth herein, the Credit Agreement, the Guaranty and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents or in full force and effect. The modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Event of Default or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Unmatured Event of Default, shall not operate as a consent to any waiver, consent or further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement amendment or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective terms, and acknowledges shall not be construed as an indication that all any future waiver or amendment of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each covenants or any other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement provision of the Credit Agreement as amended hereby or the Guaranty will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by Xxxxxxxx remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of Agent and the Credit AgreementLenders. To the extent that any terms or provisions of this Amendment conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Amendment shall control. (b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “the Guaranty”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement or the Guaranty, shall mean and be a reference to the Credit Agreement and the Guaranty as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit AgreementAgreement or the Guaranty, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement and the Guaranty as modified or amended hereby. (cd) This Amendment is a Loan Document. (e) The rules of construction set forth in Section 1.2 of the Credit Agreement are incorporated herein by this reference, mutatis mutandis.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of Neither the provisions thereof; of, nor any performance under, this Agreement (including any payments by Borrower under this Agreement) shall amend, modify, supplement, extend, delay, renew, terminate, waive, release or (c) to otherwise limit or impair the Administrative Agentprejudice LBHI’s right to demand strict performance of all terms rights and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents remedies or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan PartyBorrower’s or either Guarantor’s obligations under the Loan Documents or (including LBHI’s right to receive full payment as well as late charges, delinquent interest and all other charges provided for in the Administrative Agent’s rights Loan Documents). Notwithstanding the foregoing, if and only if LBHI receives the full Payoff Amount and the Close of Escrow occurs, upon the Close of Escrow, the Loan Documents shall be terminated and none of the parties thereto shall have any further obligations thereunder (except for those obligations that are intended to survive repayment in full of the Loan) and LBHI shall be deemed to have agreed not to xxx any of the Borrower Parties for any breach of any obligation under the Loan Documents. Each Loan ; provided, however, that the foregoing covenant shall in no event extend to the continuing liabilities and obligations of any Borrower Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedrelating to, pursuant to and arising out of, or in connection with the Guarantee and Collateral breach of any representation, warranty, indemnity, covenant or agreement set forth in this Agreement, the Loan Documents or in any document executed under or in connection with this Agreement or the Loan Documents that are intended to survive the repayment in full of the Loan, or to any other indemnities in favor of LBHI under any Loan Document that are intended to survive the Administrative Agent on behalf and for the benefit repayment in full of the Secured PartiesLoan; and, as collateral security for provided further, that the covenant by LBHI pursuant to this subparagraph shall be void from its inception, and all liabilities and obligations of Borrower Parties under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still Documents shall continue in full force and effect and acknowledges as they existed immediately prior to the Effective Date, in the event: 1. Any of the date hereof that such Loan Party has no defenses to enforcement Borrower Parties shall take any act or make any claim of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result rescission of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or make any other Loan Documentsclaim which is inconsistent with this Agreement; or 2. A receiver, liquidator or trustee shall be appointed for Borrower and/or any Guarantor or if Borrower and/or any Guarantor shall be adjudicated a bankrupt or insolvent, or if any petition for bankruptcy, reorganization or arrangement pursuant to federal bankruptcy law, or any similar federal or state law, shall be filed by or against, consented to, or acquiesced in by Borrower and/or any Guarantor, or if ay proceeding for the terms dissolution or liquidation of Borrower and/or any Guarantor shall be instituted, provided, however, if such appointment, adjudication, petition or proceeding was involuntary and provisions of this Amendment shall controlnot consented to by Borrower and/or any Guarantor, upon same not being discharged, stayed or dismissed within thirty (30) days. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The Facility Agreement, as amended hereby, and each of the other Loan Documents, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except with respect to the waivers, modifications and amendments and consent expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification or amendment of, any right, power, or remedy of any other term or condition of Secured Party under the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Facility Agreement or any other Loan Document. Except for the amendments to the Loan Documents expressly set forth herein or contemplated hereby, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Facility Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents in full force and effect. The amendments, modifications and other agreements set forth herein or modifications contemplated hereby are limited to the Credit Agreement set forth in specified provisions of this Amendment (including the Amended Facility Agreement), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse future non-compliance with this Amendment, the Amended Facility Agreement (including the Facility Agreement as amended hereby) and the other Loan Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under this Amendment, the Administrative Agent’s rights under Amended Facility Agreement (including the Facility Agreement as amended hereby) and the other Loan Documents. Each Loan Party hereby further ratifies Documents and reaffirms shall not be construed as an indication that any waiver of covenants or any other provision of this Amendment, the validity and enforceability of all of Amended Facility Agreement (including the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Facility Agreement as amended hereby) or any other Loan Document to will be agreed to, it being understood that the Administrative Agent on behalf granting or denying of any waiver which may hereafter be requested by Borrower or any other Loan Party Obligor remains in the sole and for the benefit absolute discretion of the Secured Parties, as collateral security for Collateral Agent and the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlLenders. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement, as amended hereby, and consent each of the other Loan Documents, as amended as of the date hereof, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the in full force and effect. The amendments, waivers, consents or and modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby Event of Default, LEGAL_US_W # 111979994.3 shall not operate as a consent to any further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore grantedwaiver, pursuant to and in connection with the Guarantee and Collateral Agreement consent or any amendment or other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations matter under the Loan Documents, in accordance with their respective terms, and acknowledges shall not be construed as an indication that all any future waiver or amendment of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each covenants or any other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement provision of the Credit Agreement as amended hereby will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by any Borrower remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this Amendment conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Amendment shall control. (b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (cd) This Amendment is a Loan Document. (e) Unless the context of this Amendment clearly requires otherwise, references to the plural include the singular, references to the singular include the plural, the terms “includes” and “including” are not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or”. The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Amendment refer to this Amendment as a whole and not to any particular provision of this Amendment. Section, subsection, clause, schedule, and exhibit references herein are to this Amendment unless otherwise specified. Any reference in this Amendment to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein). The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties. Any reference herein to any Person shall be construed to include such Person’s successors and assigns.

Effect on Loan Documents. (a) 11.1 The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each The Borrowers, on behalf of each Loan Party Party, hereby ratifies ratify and reaffirms its reaffirm the Borrowers’ obligations under the Credit Agreement and the each Loan Party’s obligations under each other Loan Documents Document to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such any Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each The Borrowers, on behalf of each Loan Party Party, hereby further ratifies ratify and reaffirms reaffirm the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations (as amended and increased hereby) from and after the date hereof. Each The Borrowers, on behalf of each Loan Party acknowledges Party, acknowledge and agrees agree that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges acknowledge as of the date hereof that such no Loan Party has no any defenses to enforcement of the Loan Documents. Each The Borrowers, on behalf of each Loan Party waives Party, waive any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) 11.2 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) 11.3 This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent set forth herein each of the other Loan Documents shall be limited precisely as written and shall not be deemed (a) remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution and delivery of this Second Amendment to be a forbearance, waiver, or modification Fifth Amendment and Waiver and the performance of any other term or condition of this Second Amendment to Fifth Amendment and Waiver and the Credit Agreement (as modified by the Fifth Amendment and Waiver (as amended hereby)) shall not operate, except as expressly set forth herein, as a modification or waiver of any Loan Documents or to prejudice any right right, power, or remedy which of Agent or the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. The waivers set forth in the Fifth Amendment and Waiver (as amended hereby) are limited to the specifics thereof (including facts or occurrences on which the same are based), or shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non­compliance with the Loan Documents nor operate as a waiver of any Default or Event of Default (other than the provisions thereof; Specified Default), shall not operate as a consent to any further waiver, consent or (c) to limit amendment or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights matter under the Loan Documents. Each Loan Party hereby further ratifies , and reaffirms the validity and enforceability shall not be construed as an indication that any future waiver or amendment of all covenants or any other provision of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Credit Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Partieswill be agreed to, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees it being understood that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as granting or denying of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of waiver or amendment which may hereafter be requested by the Credit Agreement as amended hereby Parties remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this the Fifth Amendment and Waiver (as amended hereby) conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this the Fifth Amendment and Waiver (as amended hereby) shall control. (b) Upon and after the effectiveness of this Second Amendment to Fifth Amendment and Waiver, (x) each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified by the Fifth Amendment and Waiver (as amended hereby) and (y) each reference in the Credit Agreement to “the Fifth Amendment and Waiver”, “thereunder”, “therein”, “thereof” or words of like import referring to the Fifth Amendment and Waiver, and each reference in the other Loan Documents to “the Fifth Amendment and Waiver”, “thereunder”, “therein”, “thereof” or words of like import referring to the Fifth Amendment and Waiver, shall mean and be a reference to the Fifth Amendment and Waiver as modified hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this Amendmentthe Fifth Amendment and Waiver (as modified hereby), such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or by the Fifth Amendment and Waiver (as amended hereby). (cd) This Second Amendment to Fifth Amendment and Waiver is a “Loan Document” for purposes of the Credit Agreement and the other Loan Documents. (e) Any reference in this Second Amendment to Fifth Amendment and Waiver to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein).

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Loan Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent Bank may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Loan Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative AgentBank’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party Borrower hereby ratifies and reaffirms its obligations under the Credit Loan Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Loan Agreement set forth in this Amendment shall impair such Loan PartyBorrower’s obligations under the Loan Documents or the Administrative AgentBank’s rights under the Loan Documents. Each Loan Party Borrower hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Loan Agreement or any other Loan Document Document, to the Administrative Agent on behalf and for the benefit of the Secured Parties, Bank as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party Borrower acknowledges and agrees that the Credit Loan Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party Borrower has no defenses to enforcement of the Loan Documents. Each Loan Party Borrower waives any and all defenses to enforcement of the Credit Loan Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Loan Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Loan Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment No. 4 and Waiver shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of any other term Agent or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lenders under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. The waivers set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), or shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future noncompliance with the Loan Documents nor operate as a waiver of any Default or Event of Default (other than the provisions thereof; Specified Default), shall not operate as a consent to any further waiver, consent or (c) to limit amendment or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights matter under the Loan Documents. Each Loan Party hereby further ratifies , and reaffirms the validity and enforceability shall not be construed as an indication that any future waiver or amendment of all covenants or any other provision of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Credit Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Partieswill be agreed to, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees it being understood that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as granting or denying of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of waiver or amendment which may hereafter be requested by the Credit Agreement as amended hereby Parties remains in the sole and each other Loan Documents that might otherwise be available as a result absolute discretion of this Amendment of the Credit AgreementAgent and Lenders. To the extent that any terms or provisions of this F Amendment and Waiver conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Amendment No. 4 and Waiver shall control. (b) Upon and after the effectiveness of this Amendment No. 4 and Waiver, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified hereby. (c) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this AmendmentAmendment No. 4 and Waiver, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (cd) This Amendment No. 4 and Waiver is a “Loan Document” for purposes of the Credit Agreement and the other Loan Documents. (e) Any reference in this Amendment No. 4 and Waiver to any agreement, instrument, or document shall include all alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements, thereto and thereof, as applicable (subject to any restrictions on such alterations, amendments, changes, extensions, modifications, renewals, replacements, substitutions, joinders, and supplements set forth herein).

Effect on Loan Documents. (a1) The amendments Credit Agreement, as amended hereby, and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification each of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party shall be and agrees that none of the consents or modifications to the Credit Agreement set forth remain in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documentsfull force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, Documents in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges hereby further ratifies and agrees that reaffirms the validity and enforceability of the appointment of the Administrative Agent as attorney-in-fact under each applicable Loan Document. The execution, delivery, and performance of this Amendment shall not operate as a novation of any Obligations under the Credit Agreement or, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement, the Guarantee and each Collateral Agreement or any other Loan Document is still Document. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse any non-compliance with the Loan Documents, and shall not operate as a consent or waiver to any matter under the Loan Documents. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement, the Guarantee and Collateral Agreement and other Loan Documents shall remain unchanged and in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b2) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement Agreement, as modified or amended hereby. (c3) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party and agrees that none of the consents amendments or modifications to the Credit Agreement set forth in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.conditions (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement, as amended hereby, and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification each of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party Documents, as amended hereby, shall be and agrees that none of the consents or modifications to the Credit Agreement set forth remain in this Amendment shall impair such Loan Party’s obligations under the Loan Documents or the Administrative Agent’s rights under the Loan Documentsfull force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, granted pursuant to terms and subject to the conditions set forth in connection with the Guarantee and Collateral Agreement Agreement, the other Security Documents or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Parties, as collateral security for the obligations under the Loan Documents, Documents in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges hereby further ratifies and agrees that reaffirms the validity and enforceability of the appointment of the Administrative Agent as attorney-in-fact under each applicable Loan Document all pursuant to terms and subject to the conditions set forth therein. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein, as a modification or waiver of any right, power, or remedy of the Administrative Agent or any Lender under the Credit Agreement, the Guarantee and Collateral Agreement or any other Loan Document. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Credit Agreement, the Loan Documents or instruments securing the same. The amendments, consents, modifications and other agreements herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall not excuse any non-compliance with the Loan Documents as amended herein, and shall not operate as a consent or waiver to any matter under the Loan Documents as amended herein. Except for the amendments to the Credit Agreement expressly set forth herein, the Credit Agreement, the Guarantee and each Collateral Agreement and other Loan Document is still Documents shall remain unchanged and in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreementeffect. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, Agreement after giving effect to ny-2619197 this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The amendments Credit Agreement and consent the Security Agreement, each as amended hereby, and each of the other Loan Documents shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except as expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancemodification or waiver of any right, waiverpower, or modification remedy of Agent or any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future Lender under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document. Except for the amendments to the Credit Agreement and the Security Agreement expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents or in full force and effect. The modifications set forth herein are limited to the Credit Agreement set forth in this Amendment specifics hereof (including facts or occurrences on which the same are based), shall impair such Loan Party’s obligations under not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or the Administrative Agent’s rights Event of Default, shall not operate as a consent to any waiver, consent or further amendment or other matter under the Loan Documents. Each Loan Party hereby further ratifies , and reaffirms the validity and enforceability shall not be construed as an indication that any future waiver or amendment of all covenants or any other provision of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Credit Agreement or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured Partieswill be agreed to, as collateral security for the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees it being understood that the Credit Agreement granting or denying of any waiver or amendment which may hereafter be requested by Borrowers remains in the sole and each other Loan Document is still in full force absolute discretion of Agent and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit AgreementLenders. To the extent that any terms or provisions of this Amendment conflict with those of the Credit Agreement or the other Loan Documents, the terms and provisions of this Amendment shall control. (b) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (c) Upon and after the effectiveness of this Amendment, each reference in the Security Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Security Agreement, and each reference in the other Loan Documents to “the Security Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Security Agreement, shall mean and be a reference to the Security Agreement as modified and amended hereby. (d) To the extent that any of the terms and conditions in any of the Loan Documents shall contradict or be in conflict with any of the terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. (ce) This Amendment is a Loan Document. (f) This Amendment shall be subject to the interpretive provisions of Section 1.02 of the Credit Agreement.

Effect on Loan Documents. (a) The amendments Facility Agreement, as modified hereby, and consent each of the other Loan Documents, shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Waiver shall not operate, except with respect to the waiver expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification or amendment of, any right, power, or remedy of any other term or condition of Secured Party under the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Facility Agreement or any other Loan Document. Except for the waiver expressly set forth herein, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Facility Agreement and the other Loan Documents to which it shall remain unchanged and in full force and effect. The waiver set forth herein is a party and agrees that none of the consents or modifications limited to the Credit specified provisions of this Waiver, shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse future non-compliance with this Waiver, the Facility Agreement set forth in this Amendment shall impair such Loan Party’s obligations under and the other Loan Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under this Waiver, the Administrative Agent’s rights under Facility Agreement and the other Loan Documents. Each Loan Party hereby further ratifies Documents and reaffirms shall not be construed as an indication that any waiver of covenants or any other provision of this Waiver, the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Facility Agreement or any other Loan Document to will be agreed to, it being understood that the Administrative Agent on behalf granting or denying of any waiver which may hereafter be requested by Borrower or any other Loan Party Obligor remains in the sole and for the benefit absolute discretion of the Secured Parties, as collateral security for Collateral Agent and the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlLenders. (b) To Upon the extent that any terms effectiveness of this Waiver, each reference in the Facility Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Facility Agreement, and conditions each reference in any of the other Loan Documents shall contradict to “the Facility Agreement”, “thereunder”, “therein”, “thereof” or be in conflict with any terms or conditions words of like import referring to the Credit Facility Agreement, after giving effect shall mean and be a reference to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Facility Agreement as modified or amended herebyby this Waiver. (c) This Amendment Waiver is a Loan Document.. ​ ​

Effect on Loan Documents. (a) The amendments and consent set forth herein shall be limited precisely as written and shall not be deemed (a) to be a forbearance, waiver, or modification of any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right or remedy which the Administrative Agent may now have or may have in the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Agreement or any other Loan Document, or to any waiver of any of the provisions thereof; or (c) to limit or impair the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party Borrower hereby ratifies and reaffirms its obligations under confirms the Credit terms of the Loan Agreement and the other Loan Documents to which it is a party and agrees that none that, except as specifically amended hereby, the Loan Agreement and the other Loan Documents remain in full force and effect. Nothing contained herein shall constitute a waiver of any provision of the consents or modifications to the Credit Agreement Loan Documents, except such waivers as are expressly set forth herein. The parties hereto specifically acknowledge that, effective as of the date hereof (i) the Security and Negative Pledge Agreement dated as of April 21, 2005 given by Borrower to Administrative Agent granting a lien on assets of the Borrower to secure the Obligations, (ii) the Pledge Agreement dated as of April 21, 2005 given by Borrower to Administrative Agent granting a lien on Borrower’s interests in this Amendment shall impair such Loan Partycertain of its domestic subsidiaries to secure the Obligations and (iii) the Pledge Agreement dated as of April 21, 2005 given by Borrower, Computer Task Group International, Inc. and Computer Task Group Europe, B.V. to Administrative Agent granting a lien on certain of the Borrower’s obligations under interests in certain of its foreign subsidiaries to secure the Loan Documents or Obligations, are terminated. It is the intention of the parties hereto that, unless and until they otherwise agree in writing, the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all of the Liens heretofore granted, pursuant to and in connection with the Guarantee and Collateral Agreement for itself or any other Loan Document to the Administrative Agent on behalf and for the benefit of the Secured PartiesLenders or the Bank, shall have no security interest in the Collateral, as collateral security for the obligations under such term was defined in the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues Agreement prior to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall control. (b) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Fourth Amendment. In furtherance of the foregoing, each of the parties hereto agrees to execute and deliver, at Borrower’s expense, such documents as may reasonably be required to release, discharge and terminate each security interest, pledge, mortgage and assignment existing in favor of the Administrative Agent, for its benefit and the benefit of the Lenders and the Bank, with respect to any of the Collateral, as such term was defined in the Loan Agreement prior to giving effect to this Fourth Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions provided, however, that any Lien in favor of the Credit Agreement as modified Agent, Bank or amended herebyany Lender pursuant to any document governing any bank account of any Loan Party or relating to future cash collateral for any letter of credit, shall not be discharged or terminated by or pursuant to this Fourth Amendment. (c) This Amendment is a Loan Document.

Effect on Loan Documents. (a) The Facility Agreement, and the Security Agreement, each as amended hereby, and each of the other Loan Documents, as amended as of the date hereof and as of the Second Amendment Effective Date (as applicable), shall be and remain in full force and effect in accordance with their respective terms and hereby are ratified and confirmed in all respects. The execution, delivery, and performance of this Amendment shall not operate, except with respect to the waivers, modifications and amendments and consent expressly set forth herein shall be limited precisely herein, as written and shall not be deemed (a) to be a forbearancewaiver of, waiverconsent to, or a modification of or amendment of, any other term or condition of the Credit Agreement or of any Loan Documents or to prejudice any right right, power, or remedy which of Agent or any Lender under the Administrative Agent may now have or may have in Facility Agreement, the future under or in connection with the Loan Documents; (b) to be a consent to any future consent or modification, forbearance, or waiver to the Credit Security Agreement or any other Loan Document. Except for the amendments to the Loan Documents expressly set forth herein or contemplated hereby, or to any waiver of any of the provisions thereof; or (c) to limit or impair Facility Agreement, the Administrative Agent’s right to demand strict performance of all terms and covenants as of any date. Each Loan Party hereby ratifies and reaffirms its obligations under the Credit Security Agreement and the other Loan Documents to which it is a party shall remain unchanged and agrees that none of the consents in full force and effect. The waivers, amendments, modifications and other agreements set forth herein or modifications contemplated hereby are limited to the Credit Agreement set forth in specified provisions of this Amendment (including the Amended Facility Agreement and the Security Agreement (as amended hereby)), the Second Amendment First Out Waterfall Notes and the Second Amendment Warrants, shall impair such not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse future non- compliance with the Loan Party’s obligations Documents (as amended hereby, as applicable) nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further or other matter under the Loan Documents (as amended hereby, as applicable) and shall not be construed as an indication that any waiver of covenants or the Administrative Agent’s rights under the Loan Documents. Each Loan Party hereby further ratifies and reaffirms the validity and enforceability of all any other provision of the Liens heretofore grantedAmended Facility Agreement (including the Facility Agreement as amended hereby), pursuant to and in connection with the Guarantee and Collateral Security Agreement (as amended hereby) or any other Loan Document to (as amended hereby, as applicable) will be agreed to, it being understood that the Administrative Agent on behalf granting or denying of any waiver which may hereafter be requested by Borrower or any other Loan Party remains in the sole and for the benefit absolute discretion of the Secured Parties, as collateral security for Agent and the obligations under the Loan Documents, in accordance with their respective terms, and acknowledges that all of such Liens, and all collateral heretofore pledged as security for such obligations, continues to be and remain collateral for such obligations from and after the date hereof. Each Loan Party acknowledges and agrees that the Credit Agreement and each other Loan Document is still in full force and effect and acknowledges as of the date hereof that such Loan Party has no defenses to enforcement of the Loan Documents. Each Loan Party waives any and all defenses to enforcement of the Credit Agreement as amended hereby and each other Loan Documents that might otherwise be available as a result of this Amendment of the Credit Agreement. To the extent any terms or provisions of this Amendment conflict with those of the Credit Agreement or other Loan Documents, the terms and provisions of this Amendment shall controlLenders. (b) Upon and after the Second Amendment Effective Date, each reference in the Facility Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Facility Agreement, and each reference in the other Loan Documents to “the Facility Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Facility Agreement, shall mean and be a reference to the Amended Facility Agreement. Upon and after the Second Amendment Effective Date, each reference in the Security Agreement to “this Agreement”, “hereunder”, “herein”, “hereof” or words of like import referring to the Security Agreement, and each reference in the other Loan Documents to “the Security Agreement”, the “Guaranty and Security Agreement”, “thereunder”, “therein”, “thereof” or words of like import referring to the Security Agreement, shall mean and be a reference to the Security Agreement (as amended hereby). (c) To the extent that any of the terms and conditions in any of the Loan Documents (as amended hereby, as applicable) shall contradict or be in conflict with any of the terms or conditions of the Credit AgreementAmended Facility Agreement or the Security Agreement (as amended hereby), after giving effect to this Amendmentas applicable, such terms and conditions are hereby deemed modified or and amended accordingly to reflect the terms and conditions of the Credit Amended Facility Agreement and the Security Agreement (as modified or amended hereby), as applicable (effective, in each case, as of the Second Amendment Effective Date). (cd) This Each of this Amendment (including the Amended Facility Agreement and the Security Agreement (as amended hereby)), the Second Amendment First Out Waterfall Notes and the Second Amendment Warrants is a Loan Document. (e) The Borrower and each of the Lenders hereby acknowledge and agree that, after the Second Amendment Effective Date, they shall not amend or otherwise modify any of the Warrants to reduce the “Exercise Price” thereunder or amend or otherwise modify any of the First Out Waterfall Notes to reduce the “Fixed Conversion Price” thereunder, in each case without approval of the stockholders of the Borrower in accordance with the rules of the Principal Market, except to the extent any such amendment or modification is effected in a “stand-alone transaction” as determined under the rules and guidance of the Principal Market. For the avoidance of doubt, the foregoing shall not effect the provisions of the Warrants and the First Out Waterfall Notes that provide for adjustment of the Exercise Price or the Fixed Conversion Price upon the circumstances specified therein.