Common use of Effects on Loan Documents Clause in Contracts

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (b) Except as specifically amended herein, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Lender or the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties and the other parties hereto hereby acknowledge and agree that, on and after the Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Agreement.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (b) Except as specifically amended hereinherein or contemplated hereby, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) . The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent Lenders or the Lenders Administrative Agent under the Loan Documents. This Amendment The Borrower acknowledges and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties and the other parties hereto hereby acknowledge and agree agrees that, on and after the First Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement. On and after the First 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 the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Amendment, and this Amendment and the Credit Agreement as amended by this Amendment shall be read together and construed as a single instrument. Nothing herein shall be deemed to entitle the Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Amendment or any other Loan Document in similar or different circumstances.

Effects on Loan Documents. (a) On and after the effectiveness of this AmendmentSixth Amendment Effective Date, each reference in any Loan Document to “the Loan Credit Agreement” shall mean and be a reference to the Amended Loan Credit Agreement and each reference in the Existing Loan Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement. (b) Except as specifically amended set forth herein, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Administrative Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (dc) The Loan Parties and Each of the other parties hereto hereby acknowledge acknowledges and agree agrees that, on and after the Sixth Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Credit Agreement. (d) The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Existing Credit Agreement and the other Loan Documents as in effect prior to the Sixth Amendment Effective Date.

Effects on Loan Documents. (a) On and after the effectiveness of this AmendmentFourth Amendment Effective Date, each reference in any Loan Document to “the Loan Credit Agreement” shall mean and be a reference to the Amended Loan Credit Agreement and each reference in the Existing Loan Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement. (b) Except as specifically amended set forth herein, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Administrative Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (dc) The Loan Parties and Each of the other parties hereto hereby acknowledge acknowledges and agree agrees that, on and after the Fourth Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Credit Agreement. (d) The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Existing Credit Agreement and the other Loan Documents as in effect prior to the Fourth Amendment Effective Date.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, (x) each reference in any Loan Document to “the Loan Credit Agreement” shall mean and be a reference to the Amended Loan Credit Agreement and (y) each reference in the Existing Loan Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement. (b) Except as specifically amended herein, all Loan Documents (including the guaranty Guaranty and any Collateral Documents and all Guarantees and any Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The parties hereto acknowledge and agree that the amendment of the Existing Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Existing Credit Agreement or of any other Loan Documents as in effect prior to the Amendment Effective Date. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Administrative Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties Borrower and the other parties hereto hereby acknowledge and agree that, on and after the Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Credit Agreement.

Effects on Loan Documents. (a) On and after the effectiveness of this AmendmentThird Amendment Effective Date, each reference in any Loan Document to “the Loan Credit Agreement” or to “the Guaranty and Security Agreement” shall mean and be a reference to the Amended Loan Credit Agreement or the Amended Guaranty and Security Agreement, respectively, and each reference in the Existing Loan Credit Agreement or the Existing Guaranty and Security Agreement to “this Agreementagreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement or the Amended Guaranty and Security Agreement, respectively. (b) Except as specifically amended herein, set forth herein (i) all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. ; (cii) The no other changes or modifications to the Amended Credit Agreement or any of the other Loan Documents are intended or implied, and in all other respects, the Amended Credit Agreement and each of the other Loan Documents is hereby specifically ratified, restated and confirmed by all parties hereto as of the date hereof; and (iii) the execution, delivery and effectiveness of this Amendment Agreement shall not operate as a waiver of any right, power power, or remedy of Agent, any Lender, the Swing Lender, or any Issuing Lender or the Collateral Agent under any of the Loan Documents, Documents nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the Lenders any of them under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (dc) The Loan Parties and To the other parties hereto hereby acknowledge and agree that, on and after the Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes extent that any provision of the Amended Credit Agreement or any of the other Loan Documents are inconsistent with the provisions of this Agreement, the provisions of this Agreement shall control.

Effects on Loan Documents. (a) On and after the effectiveness of this AmendmentSecond Amendment Effective Date, each reference in any Loan Document to “the Loan Credit Agreement” shall mean and be a reference to the Amended Loan Credit Agreement and each reference in the Existing Loan Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement. (b) Except as specifically amended herein, all Loan Documents (including the guaranty Guaranties and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Each Amendment Loan Party reaffirms its Guarantees and any prior grant and the validity of any Liens granted by it pursuant to the Collateral Documents, in each case, in accordance with the terms thereof, with all such Liens continuing to secure the applicable Obligations in full force and effect after giving effect to this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Administrative Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Credit Agreement shall not constitute a novation of the Existing Loan Credit Agreement or the other Loan Documents. (d) The Loan Parties Company and the other parties hereto hereby acknowledge and agree that, on and after the Second Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Credit Agreement.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (b) Except as specifically amended hereinherein or contemplated hereby, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The . Except as specifically amended herein or contemplated hereby, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent Lenders or the Lenders Administrative Agent under the Loan Documents. This Amendment The Company and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties each U.S. Obligor acknowledges and the other parties hereto hereby acknowledge and agree agrees that, on and after the Third Amendment Effective Date, this Amendment and each of the other Loan Documents to be executed and delivered by the Company and the U.S. Obligors in connection herewith shall constitute a Loan Document for all purposes of the Amended Credit Agreement. On and after the Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Existing Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Credit Agreement, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. Nothing herein shall be deemed to entitle any Borrower to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (b) Except as specifically amended herein, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The execution, delivery and effectiveness of this This Amendment shall not operate as a waiver of any rightby implication or otherwise limit, power or remedy of the Lender or the Collateral Agent under any of the Loan Documentsimpair, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Lenders, the Administrative Agent or the Lenders Collateral Agent under the Loan Documentsexisting Credit Agreement or any other Credit Document, and except as expressly set forth herein shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the existing Credit Agreement or any other provision of the existing Credit Agreement or of any other Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Credit Agreement as in effect immediately prior to giving effect hereto or any of the Credit Documents. Except as expressly set forth herein, nothing herein shall be deemed to be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or the any other Loan DocumentsCredit Document in similar or different circumstances. (db) The Loan Parties and the other parties hereto hereby acknowledge and agree that, on From and after the Amendment No. 3 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement” in any other Credit Document shall in each case be deemed a reference to the Amended Credit Agreement as amended hereby. This Amendment shall constitute a Loan Document “Credit Document” for all purposes of the Amended Loan AgreementCredit Agreement and the other Credit Documents.

Effects on Loan Documents. (a) On and after the effectiveness of this AmendmentSecond Amendment Effective Date, each reference in any Loan Document to “the Loan Credit Agreement” shall mean and be a reference to the Revised Amended Loan Credit Agreement and each reference in the Existing Loan Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import shall mean and be a reference to the Revised Amended Loan Credit Agreement. (b) Except as specifically amended hereinhereby, all Loan Documents (including the guaranty Loan Guaranties and all Liens granted thereunder in respect Collateral Documents) and the obligations of the Obligations) Loan Parties under the Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmedconfirmed and shall not be affected by this Consent. Each Loan Party hereby acknowledges and agrees that, after giving effect to this Consent, all of its respective obligations, guarantees, pledges, grants of Liens, liabilities and other agreements or commitments under the Loan Documents to which it is a party, as such obligations, guarantees, pledges, grants of Liens, liabilities and other agreements or commitments are reaffirmed, and remain in full force and effect. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Lender or the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties Borrower and the other parties hereto hereby acknowledge and agree that, on and after the Second Amendment Effective Date, this Amendment Consent shall constitute a Loan Document for all purposes of the Revised Amended Loan Credit Agreement.

Effects on Loan Documents. (a) SECTION 4.1 On and after the effectiveness of this AmendmentAmendment Effective Date, (i) each reference in any the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Document Documents to “the Loan Credit Agreement”, “thereunder”, “thereof” shall or words of like import referring to the Credit Agreement shall, in each case, mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement. (b) SECTION 4.2 Except as specifically amended hereinor otherwise modified herein or contemplated hereby, all Loan Documents (including the guaranty Credit Agreement and all Liens granted thereunder in respect each of the Obligations) other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified respects. Without limiting the generality of the foregoing, all of the Collateral described in the Security Documents shall continue to secure the payment of all Obligations. This Amendment shall not constitute a novation of any Obligations existing prior to the date hereof and confirmedshall merely amend or otherwise modify such Obligations to the extent set forth herein. (c) SECTION 4.3 The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the any Lender or the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties and the other parties hereto hereby acknowledge and agree that, on On and after the Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan AgreementDocument.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (b) Except as specifically amended herein, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The execution, delivery and effectiveness of this This Amendment shall not operate as a waiver of any rightby implication or otherwise limit, power or remedy of the Lender or the Collateral Agent under any of the Loan Documentsimpair, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Lenders, the Administrative Agent or the Lenders Collateral Agent under the Loan Documentsexisting Credit Agreement or any other Credit Document, and except as expressly set forth herein shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the existing Credit Agreement or any other provision of the existing Credit Agreement or of any other Credit Document, all of which are ratified and affirmed in all respects and shall continue in full force and effect. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Credit Agreement as in effect immediately prior to giving effect hereto or any of the Credit Documents. Except as expressly set forth herein, nothing herein shall be deemed to be a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or the any other Loan DocumentsCredit Document in similar or different circumstances. 1 DB to confirm. (db) The Loan Parties and the other parties hereto hereby acknowledge and agree that, on From and after the Amendment No. 4 Effective Date, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import, and each reference to the “Credit Agreement” in any other Credit Document shall in each case be deemed a reference to the Amended Credit Agreement as amended hereby. This Amendment shall constitute a Loan Document “Credit Document” for all purposes of the Amended Loan AgreementCredit Agreement and the other Credit Documents.

Effects on Loan Documents. (ai) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (bii) Except as specifically amended herein, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (ciii) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Lender or the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (div) The Loan Parties and the other parties hereto hereby acknowledge and agree that, on and after the Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Agreement.

Effects on Loan Documents. (a) On From and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement and each reference in each other Loan Document to the Credit Agreement (including by means of words like “thereunder,” thereof” and words of like import) shall, unless expressly provided otherwise, mean and be a reference to the Amended Credit Agreement. (b) Except as specifically expressly set forth herein, this Amendment shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other provision of either such agreement or any other Loan Document. (c) Except as expressly amended hereinhereby, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (cd) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender, the Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Administrative Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (de) The Loan Parties Borrower and the other parties hereto hereby acknowledge and agree that, on from and after the Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Credit Agreement.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (b) Except as specifically amended herein, all Loan Documents (including the guaranty Credit Agreement and all Liens granted thereunder in respect of the Obligations) Guarantee and Collateral Agreement shall continue to be in full force and effect and are is hereby in all respects ratified and confirmed. (c) The execution, delivery and effectiveness of this . This Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties and the other parties hereto hereby acknowledge and agree that, on and after the Amendment Effective Date, this Amendment shall constitute a “Loan Document Document” for all purposes of the Credit Agreement and the other Loan Documents, and on and after the 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 the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Amended Credit Agreement. Each reference in the Guarantee and Collateral Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Guarantee and Collateral Agreement, and each reference in the other Loan Documents to the “Guarantee and Collateral Agreement”, “thereunder”, “thereof” or words of like import referring to the Guarantee and Collateral Agreement, shall mean and be a reference to the Amended Guarantee and Collateral Agreement.

Effects on Loan Documents. (a) On and after the effectiveness of this AmendmentFourth Amendment Effective Date, each reference in any Loan Document to “the Loan Credit Agreement” shall mean and be a reference to the Amended Loan Credit Agreement and each reference in the Existing Loan Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement. (b) Except as specifically amended herein, all Loan Documents (including the guaranty Guaranties and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Each Amendment Loan Party reaffirms its Guaranties and any prior grant and the validity of any Liens granted by it pursuant to the Collateral Documents, in each case, in accordance with the terms thereof, with all such Liens continuing to secure the applicable Obligations in full force and effect after giving effect to this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Administrative Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Credit Agreement shall not constitute a novation of the Existing Loan Credit Agreement or the other Loan Documents. (d) The Loan Parties Company and the other parties hereto hereby acknowledge and agree that, on and after the Fourth Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Credit Agreement.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Credit Agreement” shall mean and be a reference to the Amended Loan Credit Agreement and each reference in the Existing Loan Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement. (b) Except as specifically amended hereinhereby, all Loan Documents (including the guaranty Loan Guaranties and all Liens granted thereunder in respect Collateral Documents) and the obligations of the Obligations) Loan Parties under the Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmedconfirmed and shall not be affected by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Administrative Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Credit Agreement shall not constitute a novation of the Existing Loan Credit Agreement or the other Loan Documents. (d) The Loan Parties Borrower and the other parties hereto hereby acknowledge and agree that, on and after the Amendment No. 1 Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Credit Agreement.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (b) Except as specifically amended hereinherein or contemplated hereby, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The confirmed and this Second Amendment shall not be considered a novation. Except as specifically amended herein or contemplated hereby, the execution, delivery and effectiveness of this Second Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent Lenders or the Lenders Administrative Agent under the Loan Documents. This Amendment Each Loan Party acknowledges and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties and the other parties hereto hereby acknowledge and agree agrees that, on and after the Second Amendment Effective Date, this Second Amendment and each of the other Loan Documents to be executed and delivered by the Loan Parties in connection herewith shall constitute a Loan Document for all purposes of the Amended Loan Agreement. On and after the Second Amendment Effective Date, 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 “Loan Agreement”, “thereunder”, “thereof” or words of like import referring to the Loan Agreement shall mean and be a reference to the Amended Loan Agreement, and this Second Amendment and the Amended Loan Agreement shall be read together and construed as a single instrument. Nothing herein shall be deemed to entitle any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Loan Agreement or any other Loan Document in similar or different circumstances.

Effects on Loan Documents. (a) On and after the effectiveness of this AmendmentFifth Amendment Effective Date, each reference in any Loan Document to “the Loan Credit Agreement” shall mean and be a reference to the Amended Loan Credit Agreement as amended hereby and each reference in the Existing Loan Credit Agreement to “this Agreementagreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan AgreementCredit Agreement as amended hereby. (b) Except as specifically amended herein, set forth herein (i) all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. ; (cii) The no other changes or modifications to the Credit Agreement or any of the other Loan Documents are intended or implied, and in all other respects, the Credit Agreement and each of the other Loan Documents is hereby specifically ratified, restated and confirmed by all parties hereto as of the date hereof (and after giving effect to the terms of this Agreement); and (iii) the execution, delivery and effectiveness of this Amendment Agreement shall not operate as a waiver of any right, power power, or remedy of Agent, any Lender, the Swing Lender, or any Issuing Lender or the Collateral Agent under any of the Loan Documents, Documents nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the Lenders any of them under the Loan Documents. This Amendment and , except to the Amended Loan Agreement shall not constitute a novation extent expressly set forth herein. (c) To the extent that any provision of the Existing Loan Credit Agreement (as amended hereby) or any of the other Loan DocumentsDocuments are inconsistent with the provisions of this Agreement, the provisions of this Agreement shall control. (d) The Loan Parties and the other parties hereto hereby acknowledge and agree that, on and after the Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Loan Agreement.

Effects on Loan Documents. (a) SECTION 5.1 On and after the effectiveness of this AmendmentSecond Amendment Effective Date, each reference in any the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Document Documents to “the Loan Credit Agreement”, “thereunder”, “thereof” shall or words of like import referring to the Credit Agreement shall, in each case, mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Credit Agreement. (b) SECTION 5.2 Except as specifically amended hereinor otherwise modified herein or contemplated hereby, all Loan Documents (including the guaranty Credit Agreement and all Liens granted thereunder in respect each of the Obligations) other Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified respects. Without limiting the generality of the foregoing, all of the Collateral described in the Security Documents shall continue to secure the payment of all Obligations. This Amendment shall not constitute a novation of any Obligations existing prior to the date hereof and confirmedshall merely amend or otherwise modify such Obligations to the extent set forth herein. (c) SECTION 5.3 The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the any Lender or the Collateral Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent or the Lenders under the Loan Documents. This Amendment and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties and the other parties hereto hereby acknowledge and agree that, on On and after the Second Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes Document. This Amendment and the Credit Agreement shall not constitute a novation of the Amended Existing Credit Agreement or any other Loan AgreementDocument.

Effects on Loan Documents. (a) On and after the effectiveness of this Amendment, each reference in any Loan Document to “the Loan Agreement” shall mean and be a reference to the Amended Loan Agreement and each reference in the Existing Loan Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import shall mean and be a reference to the Amended Loan Agreement. (b) Except as specifically amended hereinherein or contemplated hereby, all Loan Documents (including the guaranty and all Liens granted thereunder in respect of the Obligations) shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The confirmed and this First Amendment shall not be considered a novation. Except as specifically amended herein or contemplated hereby, the execution, delivery and effectiveness of this First Amendment shall not operate as a waiver of any right, power or remedy of the any Lender or the Collateral Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents (except as expressly provided herein) or in any way limit, impair or otherwise affect the rights and remedies of the Collateral Agent Lenders or the Lenders Administrative Agent under the Loan Documents. This Amendment Each Loan Party acknowledges and the Amended Loan Agreement shall not constitute a novation of the Existing Loan Agreement or the other Loan Documents. (d) The Loan Parties and the other parties hereto hereby acknowledge and agree agrees that, on and after the First Amendment Effective Date, this First Amendment and each of the other Loan Documents to be executed and delivered by the Loan Parties in connection herewith shall constitute a Loan Document for all purposes of the Amended Loan Agreement. On and after the First Amendment Effective Date, 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 “Loan Agreement”, “thereunder”, “thereof” or words of like import referring to the Loan Agreement shall mean and be a reference to the Amended Loan Agreement, and this First Amendment and the Amended Loan Agreement shall be read together and construed as a single instrument. Nothing herein shall be deemed to entitle any Loan Party to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Amended Loan Agreement or any other Loan Document in similar or different circumstances.