Common use of Estoppel, Acknowledgement and Reaffirmation Clause in Contracts

Estoppel, Acknowledgement and Reaffirmation. Each of the Loan Parties acknowledges and confirms that as of August 8, 2012, the aggregate principal amount of the Term Loan Facility was $219,090,909.09, the aggregate principal amount outstanding under the Revolving Credit Facility was $202,796,078.43 (which amount includes the aggregate principal amount of $2,800,000.00 in respect of all Letters of Credit), and the aggregate principal amount of the Swing Line Loan was $0.00, which amounts constitute valid and subsisting obligations of the Loan Parties to the Lenders that are not subject to any credits, offsets, defenses, claims, counterclaims or adjustments of any kind. The Borrower hereby (i) acknowledges its obligations under the Loan Documents, (ii) reaffirms that each of the Liens created and granted pursuant to the Loan Documents is valid, subsisting, perfected and of the priority required pursuant to the Loan Documents and (iii) acknowledges that this Agreement shall in no manner impair or otherwise adversely affect such Liens.

Estoppel, Acknowledgement and Reaffirmation. Each of the Loan Parties acknowledges and confirms that as of August 8July 23, 2012, the aggregate principal amount of the Term Loan Facility was $219,090,909.09220,000,000.00, the aggregate principal amount outstanding under the Revolving Credit Facility was $202,796,078.43 204,800,000.00 (which amount includes the aggregate principal amount of $2,800,000.00 in respect of all Letters of Credit), and the aggregate principal amount of the Swing Line Loan was $0.00, which amounts constitute valid and subsisting obligations of the Loan Parties to the Lenders that are not subject to any credits, offsets, defenses, claims, counterclaims or adjustments of any kind. The Borrower hereby (i) acknowledges its obligations under the Loan Documents, (ii) reaffirms that each of the Liens created and granted pursuant to the Loan Documents is valid, subsisting, perfected and of the priority required pursuant to the Loan Documents and (iii) acknowledges that this Agreement shall in no manner impair or otherwise adversely affect such Liens.

Estoppel, Acknowledgement and Reaffirmation. Each of the Loan Parties acknowledges and confirms that as of August 8May 21, 2012, the aggregate principal amount of the Term Loan Facility was $219,090,909.09320,000,000.00, the aggregate principal amount outstanding under the Revolving Credit Facility was $202,796,078.43 263,040,000.00 (which amount includes the aggregate principal amount of $2,800,000.00 3,040,000.00 in respect of all Letters of Credit), and the aggregate principal amount of the Swing Line Loan was $0.00, which amounts constitute valid and subsisting obligations of the Loan Parties to the Lenders that are not subject to any credits, offsets, defenses, claims, counterclaims or adjustments of any kind. The Borrower hereby (i) acknowledges its obligations under the Loan Documents, (ii) reaffirms that each of the Liens created and granted pursuant to the Loan Documents is valid, subsisting, perfected and of the priority required pursuant to the Loan Documents and (iii) acknowledges that this Agreement shall in no manner impair or otherwise adversely affect such Liens.

Estoppel, Acknowledgement and Reaffirmation. Each of the Loan Parties Party hereby acknowledges and confirms that as of August 8November 14, 2012, the aggregate outstanding principal amount of the Revolving Loans was $34,465,000.00 (including $0.00 in respect of the Swingline Loans and $100,000.00 in respect of the LC Exposure) and the outstanding principal amount of the Term Loan Facility Loans was $219,090,909.09, the aggregate principal amount outstanding under the Revolving Credit Facility was $202,796,078.43 (which amount includes the aggregate principal amount of $2,800,000.00 in respect of all Letters of Credit), and the aggregate principal amount of the Swing Line Loan was $0.0020,770,000.00, which amounts constitute valid and subsisting obligations of the Loan Parties to the Lenders that are not subject to any credits, offsets, defenses, claims, counterclaims or adjustments of any kind. The Borrower Each of the Loan Parties hereby (i) acknowledges its obligations under the Loan Documents, (ii) reaffirms that each of the Liens created and granted pursuant to the Loan Documents is valid, subsisting, perfected (to the extent required by the Collateral Documents) and of the priority required pursuant first priority, other than with respect to the Loan Documents certain Permitted Encumbrances, and (iii) acknowledges that this Agreement shall in no manner impair or otherwise adversely affect such Liens.