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

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bank. (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 Bank under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "“the Credit Loan Agreement"”, "“thereof" ” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankAgent and the Lenders. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "“the Credit Loan Agreement"”, "“thereof" ” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower Obligors to BankAgent and the Lenders. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankthe Lender Group. (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 Bank the Agent and Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankthe Lender Group. (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 Bank the Agent and Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to the Bank. (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 the Bank or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankLender. (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 Bank Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bank. (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 Bank under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit 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 Agreement, as modified and amended herebyby this Amendment. (b) Except The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended above, the Credit Agreement and all other Loan Documentsby this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations of the Loan Parties under the Loan Documents, valid, binding and enforceable obligations of Borrower to Bankin 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 Bank any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) 10.1 Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) 10.2 Except as specifically amended aboveby this Amendment, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Borrowers to Bankthe Lender and Bank Product Providers, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally. (c) 10.3 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 Bank the Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) 10.4 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. 10.5 This Amendment shall be deemed to be a “Loan Document” (as defined in the Credit Agreement).

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "“the Credit Loan Agreement"”, "“thereof" ” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. Upon and after the effectiveness of this Amendment, each reference in the Guaranty to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Guaranty, and each reference in the other Loan Documents to “the Guaranty”, “thereof” or words of like import referring to the Guaranty, shall mean and be a reference to the Guaranty as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement Loan Agreement, the Guaranty and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower Guarantors and Borrowers, as applicable, to BankAgent and the Lenders. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit 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 Agreement, as modified and amended herebyby this Amendment. (b) Except The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended above, the Credit Agreement and all other Loan Documentsby this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations of the Loan Parties under the Loan Documents, valid, binding and enforceable obligations of Borrower to Bankin 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 Bank any Lender or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "“the Credit Loan Agreement"”, "“thereof" ” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower Guarantors and Borrowers, as applicable, to BankAgent and the Lenders. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended or modified above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankBorrower. (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 Bank the Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankFINOVA. (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 Bank FINOVA under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to BankAgent without defense, offset, claim or contribution. (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 Bank Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in 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 Agreement, as modified amended by this Amendment and amended herebythis Amendment shall constitute a Loan Document. (ba) Except The Credit Agreement and each of the other Loan Documents, as specifically amended above, the Credit Agreement and all other Loan Documentsby this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations of the Loan Parties under the Loan Documents, valid, binding and enforceable obligations of Borrower to Bankin each case as amended or converted by this Amendment. (cb) 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 Bank any Lender or the Agent under any of the Loan Documents, nor constitute a waiver of any other provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankCoast. (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 Bank under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement or any other Loan Document to "this “Agreement"”, "“hereunder"”, "“herein”, “hereof" ”, “thereunder”, “therein”, “thereof”, or words of like import referring to the Credit Agreement, and each reference in the Loan Agreement or any other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, Document shall mean and be a reference refer to the Credit Agreement such agreement as amended, modified and amended herebyor supplemented by this Amendment. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower Obligors to BankAgent and the Lenders in accordance with their terms. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Bankthe Lender Group and Bank Product Providers. (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 Bank the Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after As of the effectiveness of this AmendmentEffective Date, each reference in the Credit Agreement to "this “Second Amended and Restated Credit Agreement", "hereunder", ",” “Credit Agreement,” “Agreement,” the prefix “herein,” “hereof" ,” or words of like import referring to the Credit Agreementsimilar import, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) . Except as specifically to the extent amended aboveor modified hereby, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bank. (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 Bank under any of the Loan Documentsrepresentations, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreementwarranties, after giving effect to this Amendmentterms, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms covenants and conditions of the Credit Agreement and the Loan Documents shall remain as modified written originally and in full force and effect in accordance with their respective terms and are hereby ratified and confirmed, and nothing herein shall affect, modify, limit or amended herebyimpair any of the rights and powers which the Lenders or the Administrative Agent may have hereunder or thereunder. The amendment 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 or modification of any of the rights of the Lenders or the Administrative Agent under or of any other term or provisions of the Credit Agreement or any Loan Document, or of any term or provision of any other instrument referred to therein or herein or of any transaction or future action on the part of the Company which would require the consent of the Lenders or the Administrative Agent.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement Loan Agreement, the Fee Letter, or any other Loan Document to "this “Agreement"”, "“hereunder"”, "“herein”, “hereof" ”, “thereunder”, “therein”, “thereof”, or words of like import referring to the Credit Loan Agreement, and each reference in the Fee Letter, or any other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, Document shall mean and be a reference refer to the Credit Agreement such agreement as modified and amended herebysupplemented by this Amendment. (b) Except as specifically amended above, the Credit Agreement Loan Agreement, the Fee Letter and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower Obligors to BankAgent and the Lenders. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankthe Agents and the other Secured Parties, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, moratorium, reorganization and other similar laws relating to or affecting creditors’ rights generally and general principles of equity (whether considered in a proceeding in equity or law). (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 Bank any Agent or any other Secured Party under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in 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 Agreement, as modified amended by this Amendment, and amended herebythis Amendment shall constitute a Loan Document. (ba) Except The Credit Agreement and each of the other Loan Documents, as specifically amended above, the Credit Agreement and all other Loan Documentsby this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall constitute continue to secure the legalpayment of all Obligations of the Loan Parties under the Loan Documents, valid, binding and enforceable obligations of Borrower to Bankin each case as amended by this Amendment. (cb) 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 Bank any Lender or the Agent under any of the Loan Documents, nor constitute a waiver of any other provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this AmendmentAmendment Effective Date, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit 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 Agreement, as amended and modified and amended herebyby this Amendment. (b) Except The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended above, the Credit Agreement and all other Loan Documentsmodified by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankconfirmed. (c) The Save as expressly provided herein, the execution, delivery and effectiveness of this Amendment (i) shall not, except as expressly provided herein, not operate as a waiver of any right, power power, privilege or remedy of Bank any Lender, any Issuing Bank, any Swingline Lender or the Administrative Agent under any of the Loan DocumentsDocuments and (ii) shall not alter, nor constitute a waiver modify, amend or in any way affect any of any provision of the terms, conditions, obligations, covenants or other agreements contained in the any of the Loan DocumentsDocument, all of which are ratified and affirmed in all respects and shall continue in full force and effect. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after As of the effectiveness of this AmendmentAmendment Effective Date, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof" ,” “herein,” or words of like import referring to the Credit Agreementimport, and each reference in the other Loan Documents to "the Credit Agreement"Agreement (including, "without limitation, by means of words like “thereunder”, “thereof" or ”, “therein” and words of like import referring to the Credit Agreementimport), shall mean and be a reference to the Credit Agreement as modified and amended herebyby this Amendment. (b) Except as specifically expressly amended aboveor waived, as applicable, hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents, Documents are and shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankconfirmed. (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 Bank the Administrative Agent, any Lender or any L/C Issuer under the Credit Agreement or any of the Loan DocumentsDocument, nor or constitute a waiver or amendment of any other provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement or any Loan Document (as modified or amended hereby) except as and to the extent expressly set forth herein.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankLender. (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 Bank Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to BankFINOVA. (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 Bank any FINOVA under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions in the Loan Documents are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bank. (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 Bank under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan he loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendmentamendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended modified above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Loan Parties to Bankthe Lender Group and Bank Product Providers, except as enforceability may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally. (c) The Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of Bank the Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit AgreementAgreement or any other Loan Document, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement and such other Loan Documents as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Loan Parties to BankAgent and the Lenders. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided for herein, operate as a waiver of any right, power or remedy of Bank Agent and/or the Lenders under the Credit Agreement or any of the Loan Documents, nor constitute a waiver of any provision of the Credit Agreement or any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, (i) each reference in the Credit Loan Agreement to "“this Loan Agreement”, “this Agreement"”, "“hereunder"”, "“hereof" ”, “herein” or words of like import referring shall mean and be a reference to the Credit AgreementLoan Agreement as amended or otherwise modified hereby, and (ii) each reference to the Loan Agreement in the any other Loan Documents to "the Credit Agreement"Document or any other document, "thereof" instrument or words of like import referring to the Credit Agreementagreement executed and/or delivered in connection therewith, shall mean and be a reference to the Credit Loan Agreement as amended or otherwise modified and amended hereby. (b) Except as specifically amended amended, terminated or otherwise modified above, the Credit Agreement terms and conditions of the Loan Agreement, of all other Loan DocumentsDocuments and any other documents, are instruments and agreements executed and/or delivered in connection therewith, shall continue to be remain in full force and effect and are hereby in all respects ratified and confirmed confirmed, and shall constitute the legal, valid, binding Lenders and enforceable obligations Agent expressly reserve the right to require strict compliance with the terms of Borrower to Bankthe Loan Agreement and the other Loan Documents. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of Bank the Agent or any Lender under any of the Loan DocumentsAgreement or any other Loan Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision of any of the Loan Documentscontained therein, in each case except as specifically set forth herein. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this “Credit Agreement", "hereunder", ",” “Agreement,” the prefix “herein,” “hereof" ,” or words of like import referring to the Credit Agreementsimilar import, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically to the extent amended aboveor modified hereby, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bank. (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 Bank under any of the Loan Documentsrepresentations, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreementwarranties, after giving effect to this Amendmentterms, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms covenants and conditions of the Credit Agreement and the other Loan Documents shall remain as modified written originally and in full force and effect in accordance with their respective terms and are hereby ratified and confirmed, and nothing herein shall affect, modify, limit or amended herebyimpair any of the rights and powers which Lender may have hereunder or thereunder. Nothing in this Amendment shall constitute a novation. The 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 or modification of any of Lender’s rights under, or of any other term or provisions of, the Credit Agreement or any other Loan Document, or of any term or provision of any other instrument referred to therein or herein or of any transaction or future action on the part of Borrower which would require the consent of Lender.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) . Except as specifically amended modified above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Loan Parties to Bank. (c) The the Lender Group and Bank Product Providers, except as enforceability may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of Bank the Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) . To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit AgreementAgreement or any other Loan Document, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement and such other Loan Documents as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", ," "hereunder", ," "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", ," "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to BankLender. (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 Bank Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are remain unchanged, each is and shall continue to be in full force and effect effect, and are each is hereby in all respects ratified and confirmed and shall constitute constitutes the legal, valid, binding and enforceable obligations of each Borrower to BankLender without defense, offset, claim or contribution. (c) The Except as provided herein, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of Bank Lender under any of the Loan Documents, nor Documents or constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, Agreement after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended or modified above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankthe Lender Group and Bank Product Providers. (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 Bank the Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.after

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "“the Credit Loan Agreement"”, "“thereof" ” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankLenders and Agent without defense, offset, claim or contribution. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, Amendment each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankLender. (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 Bank Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankthe Lender Group and Bank Product Providers. (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 Bank the Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" ' or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bank. (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 Bank under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) 13.1 Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) 13.2 Except as specifically amended aboveby this Amendment, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Loan Parties and New Guarantor to Bankthe Lender and Bank Product Providers, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally. (c) 13.3 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 Bank the Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) 13.4 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. 13.5 This Amendment shall be deemed to be a “Loan Document” (as defined in the Credit Agreement).

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended or modified above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankthe Lender Group and Bank Product Providers. (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 Bank the Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) 11.1 Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) 11.2 Except as specifically amended aboveby this Amendment, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Loan Parties to Bankthe Lender and Bank Product Providers, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally. (c) 11.3 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 Bank the Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) 11.4 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. 11.5 This Amendment shall be deemed to be a “Loan Document” (as defined in the Credit Agreement).

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "“the Credit Loan Agreement"”, "“thereof" ” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower Borrowers to BankLender. (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 Bank Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to Bankthe Lender Group and Bank Product Providers. (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 Bank the Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower . to Bank. (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 Bank under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents Financing Agreements to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan DocumentsFinancing Agreements, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankLender. (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 Bank Lender under any of the Loan DocumentsFinancing Agreements, nor not constitute a waiver of any provision of any of the Loan DocumentsFinancing Agreements. (d) To the extent that any terms and conditions in any of the Loan Documents Financing Agreements shall contradict or be by in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankand each Guarantor without defense, offset, claim or contribution. (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 Bank Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankFINOVA. (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 Bank FINOVA under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.are

Reference to and Effect on the Loan Documents. (a) 11.1 Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) 11.2 Except as specifically amended aboveby this Amendment, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Borrowers to Bankthe Lender and Bank Product Providers, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally. (c) 11.3 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 Bank the Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) 11.4 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. 11.5 This Amendment shall be deemed to be a “Loan Document” (as defined in the Credit Agreement).

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement or any other Loan Document to "this “Agreement"”, "“hereunder"”, "“herein”, “hereof" ”, “thereunder”, “therein”, “thereof”, or words of like import referring to the Credit Agreement, and each reference in the Loan Agreement or any other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, Document shall mean and be a reference refer to the Credit Agreement such agreement as modified and amended herebysupplemented by this Amendment. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower Obligors to BankAgent and the Lenders. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) 12.1 Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) 12.2 Except as specifically amended aboveby this Amendment, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Loan Parties to Bankthe Lender and Bank Product Providers, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally. (c) 12.3 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 Bank the Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) 12.4 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. 12.5 This Amendment shall be deemed to be a “Loan Document” (as defined in the Credit Agreement).

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this AmendmentAgreement, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified amended and amended supplemented hereby. (b) Except The Credit Agreement, as specifically amended aboveand supplemented hereby, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of the Borrower to Bankthe Lenders. (c) The execution, delivery and effectiveness of this Amendment Agreement shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of Bank the Lenders under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendmentas modified and amended hereby, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of each Borrower to BankLender. (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 Bank Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendmentdate hereof, each reference in the Credit Loan Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "“the Credit Loan Agreement"”, "“thereunder”, “thereof" ” or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, or previously amended, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed confirmed. The Borrowers and the Bank agree that this Amendment shall not be construed as an agreement to extinguish the Borrowers’ obligations under the Loan Agreement and shall not constitute a novation as to the legal, valid, binding and enforceable obligations of Borrower the Borrowers under the Loan Agreement, except with respect to BankPrimo To Go as expressly provided herein. (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 Bank under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Existing Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Existing Credit 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 Existing Credit Agreement, Agreement shall mean and be a reference to the Amended Credit Agreement as modified and amended herebyAgreement. (ba) Except The Existing Credit Agreement, the Amended Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended above, the Credit Agreement and all other Loan Documentsby this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and confirmed. This Amendment shall constitute a “Loan Document” for all purposes of the legal, valid, binding Amended Credit Agreement and enforceable obligations of Borrower to Bankthe other Loan Documents. (cb) 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 Bank any Lender, the Administrative Agent or the Collateral Agent under the Existing Credit Agreement, the Amended Credit Agreement or any of the other Loan DocumentsDocument, nor constitute a waiver of any provision of any of the Loan Documentsthereof. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bankthe Lender Group. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any right, power or remedy of Bank the Agent and Lender Group under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon On and after the effectiveness of this AmendmentAmendment Effective Date, each reference in the Credit Agreement to "this AgreementTHIS AGREEMENT", "hereunderHEREUNDER", "hereofHEREOF" or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to "the Credit AgreementTHE CREDIT AGREEMENT", "thereofTHEREUNDER", "THEREOF" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended and otherwise modified by this Amendment and amended herebyWaiver. (b) Except as specifically amended aboveThe Credit Agreement, the Credit Agreement Notes and all each of the other Loan Documents, as amended and otherwise modified by the amendments and waivers specifically provided above in Sections 1 and 2, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to Bank. (c) confirmed. The execution, delivery and effectiveness of this Amendment and Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Bank any of the Secured Parties or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) 14.1 Upon and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to "“the Credit Agreement"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as modified and amended hereby. (b) 14.2 Except as specifically amended aboveby this Amendment, the Credit Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower the Borrowers and New Loan Parties to Bankthe Lender and Bank Product Providers, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally. (c) 14.3 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 Bank the Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) 14.4 To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Agreement as modified or amended hereby. 14.5 This Amendment shall be deemed to be a “Loan Document” (as defined in the Credit Agreement).

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement or any other Loan Document to "this “Agreement"”, "“hereunder"”, "“herein”, “hereof" ”, “thereunder”, “therein”, “thereof”, or words of like import referring to the Credit Agreement, and each reference in the Loan Agreement or any other Loan Documents to "the Credit Agreement", "thereof" or words of like import referring to the Credit Agreement, Document shall mean and be a reference refer to the Credit Agreement such agreement as amended, modified and amended hereby.or supplemented by this Amendment. DB1/ 145015463.5 (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, Documents are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower Obligors to BankAgent and the Lenders in accordance with their terms. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.

Reference to and Effect on the Loan Documents. (a) Upon and after the effectiveness of this Amendment, each reference in the Credit Loan Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Loan Agreement, and each reference in the other Loan Documents to "the Credit Loan Agreement", "thereof" or words of like import referring to the Credit Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as modified and amended hereby. (b) Except as specifically amended above, the Credit Loan Agreement and all other Loan Documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed and shall constitute the legal, valid, binding and enforceable obligations of Borrower to BankLender. (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 Bank Agent or any Lender under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. (d) To the extent that any terms and conditions in any of the Loan Documents shall contradict or be in conflict with any terms or conditions of the Credit Loan Agreement, after giving effect to this Amendment, such terms and conditions are hereby deemed modified or amended accordingly to reflect the terms and conditions of the Credit Loan Agreement as modified or amended hereby.