Common use of Reference to and Effect on the Credit Agreement and the Other Loan Documents Clause in Contracts

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” 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. (b) The Credit Agreement, as specifically amended by this Amendment, and each of the other Loan Documents are and 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, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On Except as expressly amended, consented or waived hereby, all of the representations, warranties, terms, covenants and after conditions of the Credit Agreement and the other Loan Documents shall remain in full force and effect in accordance with their respective terms and are hereby in all respects ratified and confirmed. The consent, waiver and amendments set forth herein shall be limited precisely as provided for herein and shall not be deemed to be a waiver of, amendment of, consent to departure from or modification of any term or provision of the Loan Documents or any other document or instrument referred to therein or of any transaction or further or future action on the part of any Borrower requiring the consent of the Administrative Agent, the Fronting Banks or the Lenders except to the extent specifically provided for herein. Except as expressly set forth herein, the Administrative Agent and the Lenders have not and shall not be deemed to have waived any of their respective rights and remedies against the Borrowers for any existing or future Unmatured Default or Event of Default. The Administrative Agent, the Fronting Banks and the Lenders reserve the right to insist on strict compliance with the terms of the Credit Agreement and the other Loan Documents, and the Borrowers expressly acknowledge such reservation of rights. Any future or additional waiver or amendment of any provision of the Credit Agreement or any other Loan Document shall be effective only if set forth in a writing separate and distinct from this Amendment Effective Date, and executed by the appropriate parties in accordance with the terms thereof. (b) Upon the effectiveness of this Amendment: (i) each reference in the Existing Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment. ; and (bii) The each reference in any other Loan Document to “the Credit Agreement”, as specifically amended by this Amendment“thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and each of be a reference to the Credit Agreement. This Amendment shall constitute a “Loan Document” for all purposes under the Credit Agreement and the other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedDocuments. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lender Lenders, the Administrative Agent or the Fronting Banks under the Existing Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Existing Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the Amendment 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 Credit Agreement, Agreement as amended by this Amendment. (bii) The Credit Agreement, Except as specifically amended by this Amendment, the Credit Agreement and each of the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. (ciii) The execution, delivery and effectiveness performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Lender under Credit Agreement or any of the other Loan Documents, nor . (iv) This Amendment shall constitute a waiver of any provision of any Loan Document for all purposes of the Loan Documents. On Credit Agreement and shall be administered and construed pursuant to the terms of the Credit Agreement. (v) For the avoidance of doubt, the Loans of each Consenting Lender and Replacement Lender on and after the Amendment Effective Date, this Amendment Date shall for all purposes not constitute a Loan Document. (d) This Amendment new tranche, but shall not extinguish continue as the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed same tranche as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after in existence immediately prior to the Amendment Effective Date and all LIBO Rate Loans and Base Rate Loans shall continue as modified hereby. (e) The Loan Parties expressly acknowledge the same LIBO Rate Loans in respect of any then-outstanding Interest Period and agree that (i) there has not beenBase Rate Loans, and this Amendment does not constitute or establishin each case, a novation with respect as in existence immediately prior to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan DocumentsEffective Date.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment Effective Dateeffectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Credit Agreement Agreement, and each reference in the Notes and each of 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 Credit Agreement, as amended by this Amendment. (b) The Credit Agreement, as specifically amended by this Amendment, and each of the other Loan Documents are is and shall continue to be in full force and effect and are is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Dateeffectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Each Loan Parties expressly acknowledge and agree that Party hereby (i) there has not beenratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party, (ii) ratifies and this Amendment does not constitute reaffirms each grant of a lien on, or establishsecurity interest in, a novation with respect its property made pursuant to the Credit Agreement or any other Loan DocumentDocuments (including, or a mutual departure from without limitation, the strict termsgrant of security made by such Loan Party pursuant to the Security Agreement) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents, provisions, and conditions subject to the terms thereof and (iiiii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment case of liabilities owing from each Guarantor, ratifies and reaffirms its guaranty of the Loan Parties Obligations pursuant to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan DocumentsGuaranty.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On Except as expressly amended, consented or waived hereby, all of the representations, warranties, terms, covenants and after conditions of the Credit Agreement and the other Loan Documents shall remain in full force and effect in accordance with their respective terms and are hereby in all respects ratified and confirmed. The consent, waiver and amendments set forth herein shall be limited precisely as provided for herein and shall not be deemed to be a waiver of, amendment of, consent to, departure from or modification of any term or provision of the Loan Documents or any other document or instrument referred to therein or of any transaction or further or future action on the part of any Borrower requiring the consent of the Administrative Agent, the Fronting Banks or the Lenders except to the extent specifically provided for herein. Except as expressly set forth herein, the Administrative Agent and the Lenders have not and shall not be deemed to have waived any of their respective rights and remedies against the Borrowers for any existing or future Unmatured Default or Event of Default. The Administrative Agent, the Fronting Banks and the Lenders reserve the right to insist on strict compliance with the terms of the Credit Agreement and the other Loan Documents, and the Borrowers expressly acknowledge such reservation of rights. Any future or additional waiver or amendment of any provision of the Credit Agreement or any other Loan Document shall be effective only if set forth in a writing separate and distinct from this Amendment Effective Date, and executed by the appropriate parties in accordance with the terms thereof. (b) Upon the effectiveness of this Amendment: (i) each reference in the Existing Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof” or words of like import referring to the Existing Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment. ; and (bii) The each reference in any other Loan Document to “the Credit Agreement”, as specifically amended by this Amendment“thereunder”, “thereof” or words of like import referring to the Existing Credit Agreement shall mean and each of be a reference to the Credit Agreement. This Amendment shall constitute a “Loan Document” for all purposes under the Credit Agreement and the other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedDocuments. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lender Lenders, the Administrative Agent or the Fronting Banks under the Existing Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Existing Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment 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 Credit Agreement, Agreement as amended by this Amendment. (b) The Credit Agreement, Except as specifically amended by this Amendment, the Credit Agreement and each of the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. (c) The execution, delivery and effectiveness performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of any Agent or Lender under, the Lender under Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish constitute a Loan Document for all purposes of the Loans or any other Obligations outstanding under Credit Agreement and shall be administered and construed pursuant to the terms of the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation . (e) For the avoidance of doubt, the Term Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding of each Consenting Lender and Replacement Lender on and after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does shall not constitute or establisha new tranche, a novation with respect but shall continue as the same tranche as in existence immediately prior to the Credit Agreement or Amendment Effective Date and all Eurodollar Term Loans and ABR Term Loans shall continue as the same Eurodollar Term Loans in respect of any other Loan Documentthen-outstanding Interest Period and ABR Term Loans, or a mutual departure from the strict termsin each case, provisions, and conditions thereof and (ii) nothing as in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties existence immediately prior to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan DocumentsAmendment Effective Date.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the First Amendment Effective Funding 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 Credit Agreement, Agreement as amended by this Amendmentmodified hereby. (bii) The Except for the consent, amendments and modifications expressly set forth herein, the Credit Agreement, as specifically amended by this Amendment, Agreement and each of the other Loan Documents are shall remain unchanged and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedconfirmed and this Amendment shall not be considered a novation. The consent, amendments and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further waiver, consent or amendment or other matter under the Loan Documents, and shall not be construed as an indication that any future waiver or amendment of covenants or any other provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by the Borrower remains in the sole and absolute discretion of Administrative Agent and Lenders. (ciii) The execution, delivery and effectiveness performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of the any Agent or Lender under any of the Loan Documentsunder, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan DocumentDocuments. (iv) Each Loan Party hereby (A) confirms that the obligations of such Loan Party under the Amended Credit Agreement (including with respect to the 2019 Incremental Term Loans) and the other Loan Documents are entitled to the benefits of the guarantees and the security interests set forth or created in the Security Documents and the other Loan Documents and that such obligations constitute Obligations, (B) ratifies and reaffirms the validity and enforceability of all of the Liens and security interests heretofore granted, pursuant to and in connection with the Security Documents or a mutual departure from any other Loan Document to Collateral Agent, on behalf and for the strict benefit of each Secured Party, as collateral security for such obligations in accordance with their respective terms, provisionsand (C) acknowledges that all of such Liens and security interests, and conditions thereof all Collateral heretofore pledged as security for such obligations, continue to be and remain collateral for such obligations from and after the date hereof (iiincluding, without limitation, from after giving effect to this Amendment). (v) nothing in this This Amendment shall affect or limit be deemed to be a Loan Document and an Incremental Credit Facility Amendment, each as defined in the Lender’s right to demand payment Credit Agreement. (vi) Upon the occurrence of liabilities owing from the First Amendment Funding Date, each Incremental Term Loan Parties Lender that is not, prior to the Lender undereffectiveness of this Amendment, or to demand strict performance a “Lender” under the Amended Credit Agreement, (A) shall be a “Lender” for all purposes of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, (B) agrees to exercise any be bound by the terms and all rights, powers, and remedies under conditions of the Amended Credit Agreement or and the other Loan Documents or at law or in equity, or to do any and (C) will have all of the foregoing, immediately at any time after the occurrence rights and continuance obligation of an Event of Default a “Lender” under the Amended Credit Agreement or and the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the Amendment 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 Credit Agreement as supplemented by the Forbearance Agreement and this Amendment. Accordingly, in accordance with (and subject to) Article VIII of the Credit Agreement, as amended it shall be an Event of Default under the Credit Agreement if any Loan Party fails to perform, keep or observe any term, provision, condition, covenant or agreement contained in the Forbearance Agreement and this Amendment or if any representation or warranty made by any Loan Party under or in connection with the Forbearance Agreement and this AmendmentAmendment shall have been untrue, false or misleading when made. (bii) The Credit Agreement, Except as specifically amended or modified by this AmendmentAmendment and the Forbearance Agreement, the Credit Agreement and each of the other Loan Documents are and Documents, including the Liens granted thereunder, shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. This Amendment is a Loan Document. Upon the effectiveness of this Amendment as set forth in Section III of this Amendment, this Amendment shall be binding upon and inure to the benefit of, the Borrower, the Guarantors, the Lenders and the Agents and, subject to and in accordance with the Credit Agreement, their respective permitted successors and assigns. (ciii) The Except as set forth herein, the execution, delivery and effectiveness performance of this Amendment and the Forbearance Agreement shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of the any Agent or Lender under any of the Loan Documentsunder, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge Guarantee and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Collateral Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, including, without limitation, the right to terminate this Amendment and the Forbearance Agreement pursuant to the terms hereof and thereof and exercise any and all rights, powers, rights and remedies under the Credit Agreement with respect to any then continuing Default or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under Default. (iv) Each party hereto understands and agrees that this Amendment is binding only upon the Credit Agreement or the parties hereto (their respective permitted successors and assigns) and not upon any other Loan DocumentsPerson.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” ”, “hereunder,” ”, “hereof”, “herein” or words of like import referring to the Credit Agreement 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 Credit Agreement, Agreement as amended by this Amendmentmodified hereby. (bii) The Except for the consent, waiver, amendments and modifications expressly set forth herein, the Credit Agreement, as specifically amended by this Amendment, Agreement and each of the other Loan Documents are shall remain unchanged and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedconfirmed and this Amendment shall not be considered a novation. The consent, waiver, amendments and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further waiver, consent or amendment or other matter under the Loan Documents, and shall not be construed as an indication that any future waiver or amendment of covenants or any other provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by the Borrower remains subject to the terms of the Credit Agreement. (ciii) The execution, delivery and effectiveness performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Lender under any of the Loan Documentsunder, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan DocumentDocuments. (iv) The Borrower hereby (a) affirms and confirms its guarantees, or a mutual departure from the strict termspledges, provisions, grants and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, other undertakings under the Credit Agreement and the other Loan Documents, Documents to exercise any and all rights, powerswhich it is a party, and remedies under (b) agrees that (i) each Loan Document to which it is a party shall continue to be in full force and effect and (ii) all guarantees, pledges, grants and other undertakings thereunder shall continue to be in full force and effect and shall accrue to the benefit of the Lender. (v) This Amendment shall be deemed to be a Loan Document as defined in the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan DocumentsAgreement.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment No. 10 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement Agreement, and each reference in the Notes and each of 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 Credit Agreement, as amended by this Amendment. (b) The Existing Credit Agreement, as specifically amended by this Amendment, and each of the other Loan Documents are is and shall continue to be in full force and effect and are is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan DocumentsDocuments nor constitute a novation of the Credit Agreement or any of the Loan Documents nor serve to effect a novation of the Obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain in full effect. Nothing herein shall be deemed to entitle any Loan Party to a further amendment to, or any consent, waiver, 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. (d) On and after the Amendment No. 10 Effective Date, this Amendment shall for all purposes constitute a Loan Document. (de) Each Loan Party hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party, (ii) ratifies and reaffirms each grant of a lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents, subject to the terms thereof and (iii) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations pursuant to the Guaranty. This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as constitute a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Existing Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the Amendment 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 Credit Agreement, Agreement as amended by this Amendmenthereby. (bii) The Credit Agreement, Except as specifically amended by this Amendment, the Credit Agreement and each of the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed; provided, however, that the Lenders party hereto do hereby authorize the Administrative Agent to enter into, and the Borrower hereby covenants and agrees to execute and deliver within 10 days (or such longer number of days as the Administrative Agent may permit in its sole discretion) after the Amendment Effective Date, amendments and supplements, in form and substance satisfactory to the Administrative Agent in its reasonable discretion, of the Collateral Documents (including, without limitation, amendments to the Mortgages in recordable form, and amended title insurance policies), and to pay all filing and recording fees, title insurance premiums, and other reasonable costs, in each case to the extent necessary or desirable (as determined reasonably by the Administrative Agent) to ensure that the perfected Lien of the Administrative Agent as agent for and representative of the Lenders will continue to secure the full amount of all Obligations after giving effect to this Amendment. (ciii) The execution, delivery and effectiveness performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this First Amendment. (b) The Credit AgreementAgreement and each of the other Loan Documents, as specifically amended by this First Amendment, and each of the other Loan Documents are and 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 First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under the Amended Credit Agreement or any of the other Loan Documents, nor constitute a waiver of any provision of any of the Amended Credit Agreement or the other Loan Documents. On and after the First Amendment Effective Date, this First Amendment shall for all purposes constitute a Loan Document. (d) This First Amendment shall not extinguish the Loans or any other Obligations outstanding under the Amended Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Amended Credit Agreement, which shall remain outstanding after the First Amendment Effective Date as modified hereby. (e) The Loan Parties Borrower expressly acknowledge acknowledges and agree agrees that (i) there has not been, and this First Amendment does not constitute or establish, a novation with respect to the Credit Agreement, the Amended Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this First Amendment shall affect or limit the LenderAdministrative Agent’s or Lenders’ right to demand payment of liabilities owing from Borrower to Administrative Agent or the Loan Parties to the Lender Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Amended Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Amended Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Amended Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the Second Amendment 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 Credit Agreement, Agreement as amended by this Amendment. (bii) The Credit Agreement, Except as specifically amended by this Amendment, the Credit Agreement and each of the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. (ciii) The execution, delivery and effectiveness performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of the any Agent or Lender under any of the Loan Documentsunder, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents. (iv) This Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and shall be administered and construed pursuant to the terms of the Credit Agreement. (v) For the avoidance of doubt, the Loans of each Consenting Lender and Replacement Lender on and after the Second Amendment Effective Date shall not constitute a new tranche, but shall continue as the same tranche as in existence immediately prior to the Second Amendment Effective Date and all LIBO Rate Loans and Base Rate Loans shall continue as the same LIBO Rate Loans in respect of any then-outstanding Interest Period and Base Rate Loans, in each case, as in existence immediately prior to the Second Amendment Effective Date.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Second Amendment Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall will mean and be a reference to the Amended Credit Agreement and (ii) each reference to the Credit Agreement in any Loan Document will be deemed to be a reference to the Amended Credit Agreement, as amended by this Amendment. (b) The Credit AgreementAgreement and each of the other Loan Documents, as specifically amended by this Second Amendment, and each of the other Loan Documents are and shall continue to be in full force and effect and are is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, (i) the Collateral Documents and all of the Collateral described therein shall continue to secure the payment of all Secured Obligations of the Loan Parties, as amended by this Second Amendment, and (ii) neither the modification of the Credit Agreement effected pursuant to this Second Amendment nor the execution, delivery, performance or effectiveness of this Second Amendment will impair the validity, effectiveness or priority of the Liens granted pursuant to any Loan Document and such Liens shall continue unimpaired with the same priority to secure repayment of all Secured Obligations, whether heretofore or hereafter incurred. (c) The execution, delivery and effectiveness of this Second Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents, in each case, except as expressly provided herein. On and after the Second Amendment Effective Date, this Second Amendment shall for all purposes constitute a Loan Document. (d) This Second Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as constitute a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and . (iie) nothing in this This Second Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan DocumentsDocuments constitute the entire agreement among the parties hereto or thereto, as applicable, with respect to exercise any the subject matter hereof and thereof and supersede all rightsother prior agreements and understandings, powersboth written and verbal, and remedies under among the Credit Agreement parties hereto or thereto, as applicable, with respect to the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documentssubject matter hereof.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Third Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Third Amendment. (b) The Credit AgreementAgreement and each of the other Loan Documents, as specifically amended by this Third Amendment, and each of the other Loan Documents are and 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 Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Third Amendment Effective Date, this Third Amendment shall for all purposes constitute a Loan Document. (d) This Third Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Third Amendment Effective Date as modified hereby. (e) The Loan Parties Borrower expressly acknowledge acknowledges and agree agrees that (i) there has not been, and this Third Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Third Amendment shall affect or limit the LenderAdministrative Agent’s or Lenders’ right to demand payment of liabilities owing from Borrower to Administrative Agent or the Loan Parties to the Lender Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this First Amendment. (b) The Credit AgreementAgreement and each of the other Loan Documents, as specifically amended by this First Amendment, and each of the other Loan Documents are and 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 First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the First Amendment Effective Date, this First Amendment shall for all purposes constitute a Loan Document. (d) This First Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the First Amendment Effective Date as modified hereby. (e) The Loan Parties Each party hereto expressly acknowledge acknowledges and agree agrees that (i) there has not been, and this First Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof thereof, other than with respect to the amendments set forth herein and (ii) nothing in this First Amendment shall affect or limit the LenderAdministrative Agent’s or Lenders’ right to demand payment of liabilities owing from the Loan Parties Borrower to the Lender Administrative Agent or the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this First Amendment. (b) The Credit AgreementAgreement and each of the other Loan Documents, as specifically amended by this First Amendment, and each of the other Loan Documents are and 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 First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the First Amendment Effective Date, this First Amendment shall for all purposes constitute a Loan Document. (d) This First Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the First Amendment Effective Date as modified hereby. (e) The Loan Parties Borrower expressly acknowledge acknowledges and agree agrees that (i) there has not been, and this First Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this First Amendment shall affect or limit the LenderAdministrative Agent’s or Lenders’ right to demand payment of liabilities owing from Borrower to Administrative Agent or the Loan Parties to the Lender Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Second Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Second Amendment. (b) The Credit AgreementAgreement and each of the other Loan Documents, as specifically amended by this Second Amendment, and each of the other Loan Documents are and 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 Second Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Second Amendment Effective Date, this Second Amendment shall for all purposes constitute a Loan Document. (d) This Second Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Second Amendment Effective Date as modified hereby. (e) The Loan Parties Borrower expressly acknowledge acknowledges and agree agrees that (i) there has not been, and this Second Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Second Amendment shall affect or limit the LenderAdministrative Agent’s or Lenders’ right to demand payment of liabilities owing from Borrower to Administrative Agent or the Loan Parties to the Lender Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On The Amended and after the Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Restated Credit Agreement, as amended by this Amendment. (b) The Credit Agreementthe other Amended Documents and each of the other Loan Documents, as specifically amended by this AmendmentAmendment and Restatement, and each of the other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (cb) The execution, delivery and effectiveness of this Amendment and Restatement shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under the Amended and Restated Credit Agreement, the other Amended Documents or any of the other Loan Documents, nor constitute a waiver of any provision of any of the Amended and Restated Credit Agreement, the other Amended Documents or the other Loan Documents. On and after the Amendment and Restatement Effective Date, this Amendment and Restatement shall for all purposes constitute a Loan Document. (dc) This Amendment and Restatement shall not extinguish the Loans or any other Obligations outstanding under the Amended and Restated Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Amended and Restated Credit Agreement, which shall remain outstanding after the Amendment and Restatement Effective Date as modified hereby. (ed) The Loan Parties Borrower expressly acknowledge acknowledges and agree agrees that (i) there has not been, and this Amendment and Restatement does not constitute or establish, a novation with respect to the Original Credit Agreement, the Amended and Restated Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment and Restatement shall affect or limit the LenderAdministrative Agent’s or Lenders’ right to demand payment of liabilities owing from Borrower to Administrative Agent or the Loan Parties to the Lender Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Amended and Restated Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Amended and Restated Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Amended and Restated Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment No. 9 Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement Agreement, and each reference in the Notes and each of 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 Credit Agreement, as amended by this Amendment. (b) The Existing Credit Agreement, as specifically amended by this Amendment, and each of the other Loan Documents are is and shall continue to be in full force and effect and are is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan DocumentsDocuments nor constitute a novation of the Credit Agreement or any of the Loan Documents nor serve to effect a novation of the Obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain in full effect. Nothing herein shall be deemed to entitle any Loan Party to a further amendment to, or any consent, waiver, 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. (d) On and after the Amendment No. 9 Effective Date, this Amendment shall for all purposes constitute a Loan Document. (de) Each Loan Party hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party, (ii) ratifies and reaffirms each grant of a lien on, or security interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreement) and confirms that such liens and security interests continue to secure the Obligations under the Loan Documents, subject to the terms thereof and (iii) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations pursuant to the Guaranty. This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as constitute a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Existing Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the Fourth Amendment 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 Credit Agreement, Agreement as amended by this Amendment. (bii) The Credit Agreement, Except as specifically amended by this Amendment, the Credit Agreement and each of the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. (ciii) The execution, delivery and effectiveness performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of the any Agent or Lender under any of the Loan Documentsunder, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents. (iv) This Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and shall be administered and construed pursuant to the terms of the Credit Agreement. (v) For the avoidance of doubt, the Loans of each Consenting Lender and Replacement Lender on and after the Fourth Amendment Effective Date shall not constitute a new tranche, but shall continue as the same tranche as in existence immediately prior to the Fourth Amendment Effective Date and all LIBO Rate Loans and Base Rate Loans shall continue as the same LIBO Rate Loans in respect of any then-outstanding Interest Period and Base Rate Loans, in each case, as in existence immediately prior to the Fourth Amendment Effective Date.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this First Amendment. (b) The Credit AgreementAgreement and each of the other Loan Documents, as specifically amended by this First Amendment, and each of the other Loan Documents are and 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 First Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the First Amendment Effective Date, this First Amendment shall for all purposes constitute a Loan Document. (d) This First Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the First Amendment Effective Date as modified hereby. (e) The Loan Parties Borrower expressly acknowledge acknowledges and agree agrees that (i) there has not been, and this First Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this First Amendment shall affect or limit the LenderAdministrative Agent’s or Lenders’ right to demand payment of liabilities owing from Borrower to Administrative Agent or the Loan Parties to the Lender Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents. (f) This First Amendment is a Loan Document executed pursuant to the Credit Agreement and shall be construed, administered and applied in accordance with the terms and provisions thereof.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (a) On and after the Amendment First Increase Joinder Effective Date, (i) each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this AmendmentFirst Increase Joinder; (ii) the 2014 Incremental Revolving Loans shall constitute “Incremental Revolving Loans,” “Revolving Loans,” and “Loans”, in each case, as defined in the Credit Agreement; (iii) the 2014 Incremental Revolving Commitments shall constitute an “Incremental Revolving Commitment,” and a “Revolving Commitment” and “Commitment”, in each case, as defined in the Credit Agreement, (iv) each Incremental Revolving Lender shall constitute a “Revolving Lender,” “Lender” and an “Eligible Assignee”, in each case, as defined in the Credit Agreement, (v) this First Increase Joinder shall constitute an “Increase Joinder” as defined in the Credit Agreement and (vi) the First Increase Joinder Effective Date shall constitute an “Increase Effective Date” as defined in the Credit Agreement. (b) The Credit AgreementAgreement and each of the other Loan Documents, as specifically amended by this AmendmentFirst Increase Joinder, and each of the other Loan Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. (c) The This First Increase Joinder is limited to the matters specified herein and the execution, delivery and effectiveness of this Amendment First Increase Joinder shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Lender Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment First Increase Joinder Effective Date, this Amendment First Increase Joinder shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default under the Credit Agreement or the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the Fifth Amendment 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 Credit Agreement, Agreement as amended by this Amendmentmodified hereby. (bii) The Except for the consent, waiver, amendments and modifications expressly set forth herein, the Credit Agreement, as specifically amended by this Amendment, Agreement and each of the other Loan Documents are shall remain unchanged and shall continue to be in full force and effect and are hereby in all respects ratified and confirmedconfirmed and this Fifth Amendment shall not be considered a novation. The consent, waiver, amendments and modifications set forth herein are limited to the specifics hereof (including facts or occurrences on which the same are based), shall not apply with respect to any facts or occurrences other than those on which the same are based, shall neither excuse any future non-compliance with the Loan Documents nor operate as a waiver of any Default or Event of Default, shall not operate as a consent to any further waiver, consent or amendment or other matter under the Loan Documents, and shall not be construed as an indication that any future waiver or amendment of covenants or any other provision of the Credit Agreement will be agreed to, it being understood that the granting or denying of any waiver or amendment which may hereafter be requested by the Borrowers remains in the sole and absolute discretion of Administrative Agent and Lenders. (ciii) The execution, delivery and effectiveness performance of this Fifth Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of the any Agent or Lender under any of the Loan Documentsunder, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan DocumentDocuments. (iv) Each Loan Party hereby (A) confirms the obligations of such Loan Party under the Amended Credit Agreement (including with respect to the 2021 Incremental Term Loans) and the other Loan Documents are entitled to the benefits of the guarantees and the security interests set forth or created in the Collateral Documents and the other Loan Documents and constitute Obligations, (B) ratifies and reaffirms the validity and enforceability of all of the Liens and security interests heretofore granted, pursuant to and in connection with the Security Documents or a mutual departure from any other Loan Document to Collateral Agent, on behalf and for the strict benefit of each Secured Party, as collateral security for the obligations under the Loan Documents in accordance with their respective terms, provisionsand (C) acknowledges that all of such Liens and security interests, and conditions thereof all Collateral heretofore pledged as security for such obligations, continue to be and remain collateral for such obligations from and after the date hereof (iiincluding, without limitation, from after giving effect to this Fifth Amendment). (v) nothing in this This Fifth Amendment shall affect or limit be deemed to be a Loan Document and an Incremental Commitment Amendment, each as defined in the Lender’s right to demand payment Credit Agreement. (vi) Upon the occurrence of liabilities owing from the Fifth Amendment Effective Date, each Incremental Term Loan Parties Lender that is not, prior to the Lender undereffectiveness of this Fifth Amendment, a “Term Lender” or to demand strict performance “Lender” under the Amended Credit Agreement, (A) shall be a “Term Lender” or “Lender” for all purposes of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, (B) agrees to exercise any be bound by the terms and all rights, powers, and remedies under conditions of the Amended Credit Agreement or and the other Loan Documents or at law or in equity, or to do any and (C) will have all of the foregoing, immediately at any time after the occurrence rights and continuance obligation of an Event of Default a “Lender” under the Amended Credit Agreement or and the other Loan Documents.

Reference to and Effect on the Credit Agreement and the Other Loan Documents. (ai) On and after the Amendment Effective Dateand Restatement, 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 and Restated Credit Agreement, as amended by this Amendment. (bii) The Credit Agreement, Except as specifically amended by this Amendment, the Amended and each of Restated Credit Agreement and the other Loan Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed. (ciii) The execution, delivery and effectiveness performance of this Amendment shall notnot constitute a waiver of any provision of, except as expressly provided herein, or operate as a waiver of any right, power or remedy of the any Agent or Lender under any of the Loan Documentsunder, nor constitute a waiver of any provision of any of the Loan Documents. On and after the Amendment Effective Date, this Amendment shall for all purposes constitute a Loan Document. (d) This Amendment shall not extinguish the Loans or any other Obligations outstanding under the Credit Agreement. Nothing contained herein shall be construed as a substitution or novation of the Loans or any other Obligations outstanding under the Credit Agreement, which shall remain outstanding after the Amendment Effective Date as modified hereby. (e) The Loan Parties expressly acknowledge and agree that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any other Loan Document, or a mutual departure from the strict terms, provisions, and conditions thereof and (ii) nothing in this Amendment shall affect or limit the Lender’s right to demand payment of liabilities owing from the Loan Parties to the Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any . This Amendment and all rights, powers, the Amended and remedies Restated Credit Agreement do not constitute a novation or termination of the Indebtedness and Obligations existing under the Credit Agreement or (except for the other Loan Documents or at law or in equity, or payment of all Initial Term Loans and Existing Revolving Credit Loans (if any) outstanding immediately prior to do any and all of the foregoing, immediately at any time after the occurrence and continuance of an Event of Default Effective Date under the Credit Agreement or pursuant to Sections I, II and IV hereunder, which Initial Term Loans and Existing Revolving Credit Loans are being refinanced in accordance with this Amendment, and the other Loan Documentstermination of all Existing Revolving Credit Commitments under the Credit Agreement pursuant to and in accordance with Section II hereunder).