Common use of Reference to and Effect on the Indenture Clause in Contracts

Reference to and Effect on the Indenture. (a) From and after the Effective Date, each reference in the Indenture to “this Indenture,” “hereunder,” “hereof,” “herein,” or words of like import, shall mean and be a reference to the Indenture as modified hereby and this Agreement and the Indenture shall be read together and construed as a single instrument. (b) Except as expressly modified hereby, all of the terms and provisions of the Indenture are and shall remain in full force and effect and are hereby ratified and confirmed. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Indenture are intended or implied, and in all other respects the Indenture and the obligations thereunder are hereby specifically ratified, restated and confirmed by the Company and each of the Guarantors as of the Effective Date. The Company and each of the Guarantors hereby agrees that this Agreement shall in no manner affect or impair the obligations securing the payment and performance thereof. Company and each of the Guarantors hereby ratifies and confirms all of its respective obligations and liabilities under the Indenture to which it is party, as expressly modified herein. (c) Except as expressly set forth herein, the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of the Holders or the Trustee under the Indenture, nor constitute a waiver or amendment of any other provision of the Indenture or for any purpose. (d) The Company and each of the Guarantors and the Consenting Holders hereby acknowledge and agree that nothing contained in this Agreement or any other documents amended and/or executed and delivered in connection herewith shall constitute a novation of the Indenture as in effect prior to the Effective Date. (e) To the extent of conflict between the terms of this Agreement and the Indenture, the terms of this Agreement shall control.

Reference to and Effect on the Indenture. (a) From and after the Forbearance Effective Date, each reference in the Indenture to “this Indenture,” “hereunder,” “hereof,” “herein,” or words of like import, shall mean and be a reference to the Indenture as modified hereby and this Forbearance Agreement and the Indenture shall be read together and construed as a single instrument. (b) Except as expressly modified hereby, all of the terms and provisions of the Indenture are and shall remain in full force and effect and are hereby ratified and confirmed. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Indenture are intended or implied, and in all other respects the Indenture Obligations and the obligations thereunder Indenture are hereby specifically ratified, restated and confirmed by the Company and each of the Guarantors as of the Forbearance Effective Date. The Company and each of the Guarantors hereby agrees that this Forbearance Agreement shall in no manner affect or impair the obligations securing the payment and performance thereofObligations. The Company and each of the Guarantors hereby ratifies and confirms all of its respective obligations and liabilities under the Indenture to which it is party, as expressly modified herein. (c) Except as expressly set forth herein, the execution, delivery and effectiveness of this Forbearance Agreement shall not operate as a waiver of any right, power or remedy of the Holders or the Trustee under the Indenture, nor constitute a waiver or amendment of any other provision of the Indenture or for any purpose. (d) The Company and each of the Guarantors and the Consenting Forbearing Holders hereby acknowledge and agree that nothing contained in this Forbearance Agreement or any other documents amended and/or executed and delivered in connection herewith shall constitute a novation of the Indenture as in effect prior to the Forbearance Effective Date. (e) Subject to any applicable notice requirements contained herein, it shall be an immediate Event of Default under the Indenture if the Company or any of the Guarantors fails to perform, keep or observe any term, provision, condition, covenant or agreement, in all material respects, contained in this Forbearance Agreement or if any representation or warranty made by any of the Company and each of the Guarantors under or in connection with this Forbearance Agreement shall be untrue, false or misleading in any material respect when made. To the extent of conflict between the terms of this Forbearance Agreement and the Indenture, the terms of this Forbearance Agreement shall control.

Reference to and Effect on the Indenture. (a) From On and after the Effective Dateeffective date hereof pursuant to Section 2 above, each reference in the Indenture to “the Indenture,” “this Indenture,” “hereunder,” “hereof,” or “herein,” or words of like import, ’ shall mean and be a reference to the Indenture as modified hereby supplemented by this Third Supplemental Indenture unless the context otherwise requires and this Agreement each reference in the Indenture to “the Trustee” shall mean and be a reference to First Trustee, in respect of all series of Debt Securities which have been issued prior to the date of the Second Supplemental Indenture and remain outstanding, or to U.S. Bank, in respect of all series of Debt Securities which have been issued after the date of the Second Supplemental Indenture and remain outstanding and the Indenture shall be read together and construed as a single instrumentNotes, unless the context otherwise requires. (b) Except as expressly modified herebyspecifically amended above and in Section 5 below, all of the terms and provisions of the Indenture are and shall remain in full force and effect and are is hereby ratified and confirmed. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Indenture are intended or implied, and in all other respects the Indenture and the obligations thereunder are hereby specifically ratified, restated and confirmed by the Company and each of the Guarantors as of the Effective Date. The Company and each of the Guarantors hereby agrees that this Agreement shall in no manner affect or impair the obligations securing the payment and performance thereof. Company and each of the Guarantors hereby ratifies and confirms all of its respective obligations and liabilities under the Indenture to which it is party, as expressly modified herein. (c) Except Nothing contained herein or in the Indenture shall constitute First Trustee and U.S. Bank as expressly set forth herein, the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy co-trustees of the Holders same trust and each such Trustee shall be Trustee of a trust or the Trustee trusts under the Indenture, nor constitute a waiver Indenture separate and apart from any trust or amendment of trusts administered by any other provision of the Indenture or for any purposesuch Trustee. (d) The Company Company’s obligation and each of covenant to compensate and indemnify the Guarantors and the Consenting Holders hereby acknowledge and agree that nothing contained in this Agreement or any other documents amended and/or executed and delivered in connection herewith shall constitute a novation Trustee pursuant to Section 7.06 of the Indenture as shall apply to all reasonable expenses, disbursements and advances and any loss, liability or expense incurred by any Trustee (without negligence, willful misconduct or bad faith on the part of such Trustee, its officers, directors, employees and agents) arising out of or in effect prior to the Effective Date. (e) To the extent connection with any series of conflict between the terms of this Agreement and Debt Securities under the Indenture, regardless of whether such Trustee is the terms Trustee of this Agreement shall controlsuch series of Debt Securities.

Reference to and Effect on the Indenture. (a) From On and after the Effective Dateeffective date hereof pursuant to Section 2 above, each reference in the Indenture to “the Indenture,” “this Indenture,” “hereunder,” “hereof,” or “herein,” or words of like import, ’ shall mean and be a reference to the Indenture as modified hereby supplemented by this Fourth Supplemental Indenture unless the context otherwise requires and this Agreement each reference in the Indenture to “the Trustee” shall mean and be a reference to First Trustee, in respect of all series of Debt Securities which have been issued prior to the date of the Second Supplemental Indenture and remain outstanding, or to U.S. Bank, in respect of all series of Debt Securities which have been issued after the date of the Second Supplemental Indenture and remain outstanding and the Indenture shall be read together and construed as a single instrumentNotes, unless the context otherwise requires. (b) Except as expressly modified herebyspecifically amended above and in Section 5 below, all of the terms and provisions of the Indenture are and shall remain in full force and effect and are is hereby ratified and confirmed. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Indenture are intended or implied, and in all other respects the Indenture and the obligations thereunder are hereby specifically ratified, restated and confirmed by the Company and each of the Guarantors as of the Effective Date. The Company and each of the Guarantors hereby agrees that this Agreement shall in no manner affect or impair the obligations securing the payment and performance thereof. Company and each of the Guarantors hereby ratifies and confirms all of its respective obligations and liabilities under the Indenture to which it is party, as expressly modified herein. (c) Except Nothing contained herein or in the Indenture shall constitute First Trustee and U.S. Bank as expressly set forth herein, the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy co-trustees of the Holders same trust and each such Trustee shall be Trustee of a trust or the Trustee trusts under the Indenture, nor constitute a waiver Indenture separate and apart from any trust or amendment of trusts administered by any other provision of the Indenture or for any purposesuch Trustee. (d) The Company Company’s obligation and each of covenant to compensate and indemnify the Guarantors and the Consenting Holders hereby acknowledge and agree that nothing contained in this Agreement or any other documents amended and/or executed and delivered in connection herewith shall constitute a novation Trustee pursuant to Section 7.06 of the Indenture as shall apply to all reasonable expenses, disbursements and advances and any loss, liability or expense incurred by any Trustee (without negligence, willful misconduct or bad faith on the part of such Trustee, its officers, directors, employees and agents) arising out of or in effect prior to the Effective Date. (e) To the extent connection with any series of conflict between the terms of this Agreement and Debt Securities under the Indenture, regardless of whether such Trustee is the terms Trustee of this Agreement shall controlsuch series of Debt Securities.

Reference to and Effect on the Indenture. (a) From the Note Purchase Agreement, the Receivables Purchase Agreement, and the Transfer and Servicing Agreement. 7.1. Upon the effectiveness of this Amendment and on and after the Effective Datedate hereof, each reference in (i) the Indenture to “this IndentureAgreement,” “hereunder,” “hereof,” “herein,” or words of like import, import shall mean and be a reference to the Indenture and its amendments, as modified amended hereby, (ii) the Note Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Note Purchase Agreement and its amendments, as amended hereby (iii) the Receivables Purchase Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Receivables Purchase Agreement and its amendments, as amended hereby, and (iv) the Transfer and Servicing Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Transfer and Servicing Agreement and its amendments, as amended hereby. 7.2. Each of the Indenture, the Note Purchase Agreement, the Receivables Purchase Agreement and the Indenture shall be read together Transfer and construed Servicing Agreement in each case as a single instrument. (b) Except as expressly modified amended hereby, and all of the terms other amendments, documents, instruments and provisions of the Indenture are and agreements executed and/or delivered in connection therewith, as applicable, shall remain in full force and effect effect, and are hereby ratified and confirmed. 7.3. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Indenture are intended or implied, and in all other respects the Indenture and the obligations thereunder are hereby specifically ratified, restated and confirmed by the Company and each of the Guarantors as of the Effective Date. The Company and each of the Guarantors hereby agrees that this Agreement shall in no manner affect or impair the obligations securing the payment and performance thereof. Company and each of the Guarantors hereby ratifies and confirms all of its respective obligations and liabilities under the Indenture to which it is party, as expressly modified herein. (c) Except as expressly set forth provided herein, the execution, delivery and effectiveness of this Agreement Amendment shall not operate as a waiver of any right, power or remedy of the Holders Indenture Trustee, Conduit Purchasers, Committed Purchasers, Conduit Support Providers, Managing Agents or the Trustee under the IndentureAdministrative Agent, nor constitute a waiver or amendment of any other provision of the Indenture or for any purpose. (d) The Company and each of the Guarantors and the Consenting Holders hereby acknowledge and agree that nothing contained in this Agreement or any other documents amended and/or executed and delivered in connection herewith shall constitute a novation of the Indenture as in effect prior to the Effective Date. (e) To the extent of conflict between the terms of this Agreement and the Indenture, the terms of this Agreement shall controlNote Purchase Agreement, the Receivables Purchase Agreement, the Transfer and Servicing Agreement, or any Transaction Document or any other documents, instruments and agreements executed and/or delivered in connection therewith.

Reference to and Effect on the Indenture. (a) From On and after the Effective Dateeffective date hereof pursuant to Section 2 above, each reference in the Indenture to “the Indenture,” “this Indenture,” “hereunder,” “hereof,” or “herein,” or words of like import, ’ shall mean and be a reference to the Indenture as modified hereby supplemented by this Third Supplemental Indenture unless the context otherwise requires and this Agreement and each reference in the Indenture to “the Trustee” shall mean and be read together a reference to First Trustee, in respect of all series of the Securities which have been issued prior to this date and construed as a single instrumentremain outstanding, or to U.S. Bank, in respect of the Notes and in respect of all series of the Securities issued after the Notes, unless the context otherwise requires. (b) Except as expressly modified herebyspecifically amended above, all of the terms and provisions of the Indenture are and shall remain in full force and effect and are is hereby ratified and confirmed. Except as modified pursuant hereto, and pursuant to the other documents, instruments and agreements executed and delivered in connection herewith, no other changes or modifications to the Indenture are intended or implied, and in all other respects the Indenture and the obligations thereunder are hereby specifically ratified, restated and confirmed by the Company and each of the Guarantors as of the Effective Date. The Company and each of the Guarantors hereby agrees that this Agreement shall in no manner affect or impair the obligations securing the payment and performance thereof. Company and each of the Guarantors hereby ratifies and confirms all of its respective obligations and liabilities under the Indenture to which it is party, as expressly modified herein. (c) Except Nothing contained herein or in the Indenture shall constitute First Trustee and U.S. Bank as expressly set forth herein, the execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy co-trustees of the Holders same trust and each such Trustee shall be Trustee of a trust or the Trustee trusts under the Indenture, nor constitute a waiver Indenture separate and apart from any trust or amendment of trusts administered by any other provision of the Indenture or for any purposesuch Trustee. (d) The Company Company’s obligation and covenant to reimburse each of the Guarantors Trustee for reasonable expenses, disbursement and the Consenting Holders hereby acknowledge advances and agree that nothing contained to indemnify each Trustee pursuant to, and in this Agreement or any other documents amended and/or executed and delivered in connection herewith shall constitute a novation of the Indenture as in effect prior to the Effective Date. (e) To the extent of conflict between the terms of this Agreement and the Indentureaccordance with, the terms of this Agreement Section 6.6 of the Indenture shall controlextend to any and all loss, liability or expense incurred by any Trustee (without negligence or bad faith on the part of such Trustee), arising out of or in connection with any series of the Securities under the Indenture, regardless of whether such Trustee is the Trustee of such series of the Securities.