Common use of Pre-Petition Obligations Clause in Contracts

Pre-Petition Obligations. Borrower and each Subsidiary Loan Party hereby acknowledge, confirm and agree that, as of the close of business on February 2, 2009, Borrower is indebted to Agent and Lenders in respect of all Pre-Petition Obligations in the aggregate principal amount of not less than $168,763,550.82, consisting of (a) Revolving Loans made pursuant to the Existing Loan Documents in the aggregate principal amount of not less than $165,763,550.82, together with interest accrued and accruing thereon, and (b) Letters of Credit in the amount of not less than $3,000,000, together with interest accrued and accruing thereon, and all costs, expenses and fees (including attorneys’ fees and legal expenses) and (c) other Obligations now or hereafter owed by Borrower to Agent and Lenders, all of which are unconditionally owing by Borrower to Agent and Lenders, without offset, defense or counterclaim of any kind, nature and descriptionwhatsoever.

Pre-Petition Obligations. Borrower and each Subsidiary Loan Party hereby acknowledge, confirm and agree that, as of the close of business on February 2, 2009, Borrower is indebted to Agent and Lenders in respect of all Pre-Petition Obligations in the aggregate principal amount of not less than $168,763,550.82, consisting of (a) Revolving Loans made pursuant to the Existing Loan Documents in the aggregate principal amount of not less than $165,763,550.82, together with interest accrued and accruing thereon, and (b) Letters of Credit in the amount of not less than $3,000,000, together with interest accrued and accruing thereon, and all costs, expenses and fees (including attorneys’ fees and legal expenses) and (c) other Obligations now or hereafter owed by Borrower to Agent and Lenders, all of which are unconditionally owing by Borrower to Agent and Lenders, without offset, defense or counterclaim of any kind, nature and descriptionwhatsoeverdescription whatsoever.

Pre-Petition Obligations. Borrower Borrowers and each Subsidiary Loan Party Guarantors hereby acknowledge, confirm and agree that, as of the close of business on February 2March 21, 20092007, Borrower is Borrowers are indebted to Agent and Lenders in respect of all Pre-Petition Obligations in the aggregate principal amount of not less than $168,763,550.8264,936,402.70, consisting of (a) Revolving Loans made pursuant to the Existing Loan Documents Financing Agreements in the aggregate principal amount of not less than $165,763,550.8256,095,894.94, together with interest accrued and accruing thereon, and (b) Letters Letter of Credit Obligations in the amount of not less than $3,000,0008,840,507.76, together with interest accrued and accruing thereon, and all costs, expenses and expenses, fees (including attorneys’ fees and legal expenses) and (c) other Obligations charges now or hereafter owed by Borrower Borrowers to Agent and Lenders, all of which are unconditionally owing by Borrower Borrowers to Agent and Lenders, without offset, defense or counterclaim of any kind, nature and descriptionwhatsoeverdescription whatsoever.