Common use of Pre-Petition Obligations Clause in Contracts

Pre-Petition Obligations. Borrower and each Guarantor hereby acknowledges, confirms and agrees that, as of January 31, 2018, Borrower is indebted to Administrative Agent and Lenders in respect of all Pre-Petition Obligations in the aggregate principal amount of not less than $142,183,541.19, consisting of (a) Revolving Loans to Borrower made pursuant to the Existing Loan Documents in the aggregate principal amount of not less than $125,617,955.47, together with interest accrued and accruing thereon, and (b) Letter of Credit Obligations in the amount of $16,565,585.72, together with interest accrued and accruing thereon, and all costs, expenses, fees (including attorneys’ fees and legal expenses) accrued and owing by Borrower pursuant to the terms of the Existing Loan Documents, all of which are unconditionally owing by Borrower to Administrative Agent and Lenders, without offset, defense or counterclaim of any kind, nature and description whatsoever.

Pre-Petition Obligations. Each Borrower and each Guarantor hereby acknowledges, confirms and agrees that, as of January 31April 7, 20182015, Borrower is Borrowers are indebted to Administrative Agent and Lenders in respect of all Pre-Petition Obligations in the aggregate principal amount of not less than $142,183,541.1952,363,383.57, consisting of (a) Revolving Loans to each Borrower made pursuant to the Existing Loan Documents in the aggregate principal amount of not less than $125,617,955.4742,152,772.57, together with interest accrued and accruing thereon, and (b) Letter of Credit Obligations in the amount of $16,565,585.7210,201,611.00, together with interest accrued and accruing thereon, and all costs, expenses, fees (including attorneys’ fees and legal expenses) accrued and owing (d) other charges now or hereafter owed by Borrower pursuant Borrowers to the terms of the Existing Loan DocumentsAgent and Lenders, all of which are unconditionally owing by Borrower Borrowers to Administrative Agent and Lenders, without offset, defense or counterclaim of any kind, nature and description whatsoever.