Common use of Ratification and Affirmation; Representations and Warranties Clause in Contracts

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case such representations and warranties shall be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Third Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case such representations and warranties shall be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fourth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case such representations and warranties shall be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Credit Party hereby (a) acknowledges the terms of this Third Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Third Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects (or, if already qualified by materiality, Material Adverse Effect or a similar qualification, true and correct in all respects), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct in all material respects (or, if already qualified by materiality, Material Adverse Effect or a similar qualification, true and correct in all respects) as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) i. all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (, ii) . no Default or Event of Default has occurred and is continuing, and (and iii) . no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) acknowledges the terms of this Second Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby hereby; and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct in all material respects as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events have circumstance has occurred which individually or in the aggregate has resulted in, or could reasonably be expected to have have, a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors The Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Agreement, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this AmendmentAgreement: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects (except (A) the representation and warranty in Section 7.07(c) and (B) those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fifth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case such representations and warranties shall be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Obligor hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fifth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower Parent MLP hereby (a) ratifies and affirms its each Loan Party’s obligations under, and acknowledges its each Loan Party’s continued liability under, each Loan Document to which it such Loan Party is a party and agrees that each Loan Document to which it any Loan Party is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Administrative Agent and Lenders that as of the date hereof, after giving effect to the terms of this Amendmenthereof: (i) all of the representations and warranties contained in each Loan Document to which it any Loan Party is a party are true and correctcorrect in all material respects (unless otherwise qualified as to materiality), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Seventh Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or modified hereby and (bc) represents and warrants to the Lenders that as of the date hereofSeventh Amendment Effective Date, after giving effect to the terms of this Seventh Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events circumstance have occurred which individually or in the aggregate could reasonably be expected to have be a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) acknowledges the terms of this Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects Active.13964034.8 16 (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date,; (ii) no Default or Event of Default has occurred and is continuing, ; and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this Tenth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect has occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors The Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Amendment, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Third Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower Guarantors hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Fourth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby or modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) since November 17, 2005, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Third Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) other than the posting of margin under the Hess Agreement, no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby Credit Party hereby: (a) acknowledges the terms of this Second Amendment, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms execution of this Second Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects (or, if already qualified by materiality, Material Adverse Effect or a similar qualification, true and correct in all respects), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct in all material respects (or, if already qualified by materiality, Material Adverse Effect or a similar qualification, true and correct in all respects) as of such specified earlier date, date and (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: (i) i. all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (, ii) . no Default or Event of Default has occurred and is continuing, and (and iii) . no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Seventh Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby or modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Seventh Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) since November 17, 2005, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors The Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this First Amendment, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Sixth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower Parent Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) acknowledges the terms of this Second Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) other than the Designated Events, no Default or Event of Default has occurred and is continuing, continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case such representations and warranties shall be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Initial Guarantor and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case such representations and warranties shall be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower Parent MLP hereby (a) ratifies and affirms its each Loan Party’s obligations under, and acknowledges its each Loan Party’s continued liability under, each Loan Document to which it such Loan Party is a party and agrees that each Loan Document to which it any Loan Party is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Administrative Agent and Lenders that as of the date hereof, after giving effect to the terms of this Amendmenthereof: (i) 1. all of the representations and warranties contained in each Loan Document to which it any Loan Party is a party are true and correctcorrect in all material respects (unless otherwise qualified as to materiality), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) 2. no Default or Event of Default has occurred and is continuing, and (iii) and 3. no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Parent Guarantor and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Ninth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby or modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Ninth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) since November 17, 2005, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower, Parent and the Borrower each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby or pursuant hereto, and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this Fifth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors The Borrower and the Borrower hereby Parent each hereby: (a) acknowledges the terms of this Second Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, after giving effect to the amendments contained herein; (c) agrees that from and after the Effective Date each reference to the Credit Agreement in the Loan Documents shall be deemed to be a reference to the Credit Agreement, as amended by this Second Amendment; and (bd) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects, except to the extent any unless such representations and warranties are expressly limited stated to an relate to a specific earlier date, in which case case, such representations and warranties shall continue to be true and correct in all material respects as of such specified earlier date, date and (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fourth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fourth Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this Sixth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect shall have occurred.

Ratification and Affirmation; Representations and Warranties. Each Obligor hereby acknowledges the terms of the Guarantors and the Borrower hereby (a) this Fourth Amendment; ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, notwithstanding the amendments contained herein; and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Sixth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended or modified hereby and (bc) represents and warrants to the Lenders that as of the date hereofSixth Amendment Effective Date, after giving effect to the terms of this Sixth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events circumstance have occurred which individually or in the aggregate could reasonably be expected to have be a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Parent Guarantor and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Parent Guarantor and the Borrower hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Sixth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby or modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Sixth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) since November 17, 2005, there has been no event event, development or events have occurred which individually circumstance that has had or in the aggregate could reasonably be expected to have a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Obligor hereby (a) acknowledges the terms of this Third Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Third Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case such representations and warranties shall be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and and 6 (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Credit Party hereby (a) acknowledges the terms of this Twelfth Amendment; (b) ratifies and affirms (i) its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby hereby, and (bii) that the Liens created by the Loan Documents to which it is a party are valid and continuing and secure the Obligations in accordance with the terms thereof, after giving effect to this Twelfth Amendment; and (c) represents and warrants to the Lenders that on and as of the date hereof, and immediately after giving effect to the terms of this Amendment: Twelfth Amendment (i) all of the representations and warranties of the Borrower and the Guarantors contained in each the Loan Document to which it is a party Documents are true and correctcorrect in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct in all material respects as of such specified earlier date, , and (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors The Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Second Amendment, (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: (i) all of the representations and warranties contained made by it in each Loan Document to which it is a party are true and correctcorrect in all material respects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby; and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, date and (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower Parent MLP hereby (a) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended or waived Execution Copy hereby and (b) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors The Borrower and the Borrower hereby Parent each hereby: (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, after giving effect to the amendments contained herein; (c) agrees that from and after the Effective Date each reference to the Credit Agreement in the Loan Documents shall be deemed to be a reference to the Credit Agreement, as amended by this First Amendment; and (bd) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any unless such representations and warranties are expressly limited stated to an relate to a specific earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, date and (ii) no Default or Event of Default has occurred and is continuing, and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Fourth Amendment; (b) ratifies and affirms its obligations under, and acknowledges acknowledges, renews and extends its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby or modified hereby, notwithstanding the amendments and modifications contained herein and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events circumstance have occurred which individually or in the aggregate could reasonably be expected to have be a Material Adverse EffectEvent.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors The Borrower and the Borrower each Guarantor hereby (a) acknowledges the terms of this Agreement, (b) ratifies and affirms its obligations underobligations, and acknowledges its continued liability underliability, under each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, included as expressly may be amended hereby hereby, and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this AmendmentAgreement: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects (except (A) the representation and warranty in Section 7.07(c) and (B) those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, (ii) no Default or Event of Default has occurred and is continuing, and (iiiii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Obligor hereby (a) acknowledges the terms of this Fifth Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fifth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Obligor hereby (a) acknowledges the terms of this Sixth Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Sixth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Obligor hereby (a) acknowledges the terms of this Fourth Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Fourth Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Obligor hereby (a) acknowledges the terms of this Seventh Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Seventh Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) acknowledges the terms of this Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Amendment: (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects (except those which have a materiality qualifier, which shall be true and correct as so qualified), except to the extent any such representations and warranties are Active.15380067.3 8 expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date,; (ii) no Default or Event of Default has occurred and is continuing, ; and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the The Borrower hereby (a) acknowledges the terms of this First Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby hereby; and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this First Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correctcorrect in all material respects, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct in all material respects as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event event, development or events have circumstance has occurred which individually or in the aggregate has resulted in, or could reasonably be expected to have have, a Material Adverse Effect.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors Borrower and the Borrower each Guarantor hereby (a) ratifies and affirms its respective obligations under, and acknowledges acknowledges, renews and extends its respective continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect effect, except as expressly amended hereby hereby, notwithstanding the amendments contained herein and (b) represents and warrants to the Lenders that that, as of the date hereof, after giving effect to the terms of this Seventh Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect has occurred.

Ratification and Affirmation; Representations and Warranties. Each of the Guarantors and the Borrower Obligor hereby (a) acknowledges the terms of this Second Amendment; (b) ratifies and affirms its obligations under, and acknowledges its continued liability under, each Loan Document to which it is a party and agrees that each Loan Document to which it is a party remains in full force and effect as expressly amended hereby and (bc) represents and warrants to the Lenders that as of the date hereof, after giving effect to the terms of this Second Amendment: : (i) all of the representations and warranties contained in each Loan Document to which it is a party are true and correct, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case case, such representations and warranties shall continue to be true and correct as of such specified earlier date, , (ii) no Default or Event of Default has occurred and is continuing, and continuing and (iii) no event or events have occurred which individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.