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

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent or any Lender under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As Upon the satisfaction of the Effective Date, conditions contained in Section 3 hereof each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrumenthereby. (b) Except as expressly specifically amended herebyabove, all of the terms and provisions of the Credit Agreement Agreement, the Notes, and all other Loan Documents are and instruments securing or guaranteeing Borrower’s obligations to Lenders, including the Collateral Documents, as amended (collectively, the “Security Instruments”), shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Security Instruments and all collateral described therein do and shall continue to secure the payment of all obligations of Borrower and Guarantors under the Credit Agreement, as amended hereby, and the Notes, and under the other Security Instruments. (c) Each of the Guarantors hereby expressly (i) acknowledges the terms of this Amendment; (ii) ratifies and affirms its obligations under its Guaranty Agreement dated November 18, 2005, in favor of the Agent and the Lenders; (iii) acknowledges, renews and extends its continued liability under its Guaranty Agreement and agrees that its Guaranty Agreement remains in full force and effect; and (iv) guarantees to the Agent and the Lenders to promptly pay when due all amounts owing or to be owing by it under its Guaranty Agreement pursuant to the terms and conditions thereof. (d) 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 the Administrative Agent or any Lender under any of the Credit Agreement or any Loan DocumentSecurity Instruments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinSecurity Instruments. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), import shall mean and be a reference to the Credit Agreement or such other Loan Document as amended and as waived hereby with respect to the certain requirements outlined aboveby this Amendment, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as to the extent expressly amended hereby, all of the terms and provisions of the Credit Agreement and all of the other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed, including the respective guarantees and security interests granted pursuant to the respective 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 Default or Event of Default or any right, power power, privilege or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocument. (d) This Amendment is a Loan Document. (e) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens Liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens Liens remain in full force and effect. (f) This Amendment shall not extinguish or otherwise constitute a novation of the Obligations outstanding under the Credit Agreement or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof.

Reference to and Effect on the Loan Documents. (a) As On and after the effectiveness of the Effective Datethis 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 “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement Agreement, as amended and as waived hereby with respect to the certain requirements outlined above, and by this Amendment and the Credit Agreement shall be read together and construed as a single instrumentAmendment. (b) Except as expressly amended herebyThe Credit Agreement (including, all without limitation, the guarantees by the Borrowers set forth in Section 4.10 thereof), the Notes and each of the terms and provisions of the Credit Agreement and all other Loan Documents Documents, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case as amended by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to of the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocuments.

Reference to and Effect on the Loan Documents. (a) As of On and after the Seventh Amendment Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the “Credit Agreement”, shall mean and be a reference to the Credit Agreement Agreement, as amended and as waived hereby with respect to the certain requirements outlined above, and by this Amendment and the Credit Agreement shall be read together and construed as a single instrumentAmendment. (b) Except The Credit Agreement, as expressly specifically amended herebyby this Amendment, all of and the terms and provisions of the Credit Agreement and all other Loan Documents are are, and shall remain continue to be, in full force and effect effect, and are hereby in all respects ratified and confirmed. (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 any Lender or the Administrative Agent or any Lender Agents under the Credit Agreement or any other Loan Document, or nor shall it constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocument. (d) The Each Borrower Party hereby (i) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each of the Loan Documents to which it is a party, (by ii) ratifies and reaffirms each grant of a lien on, or security interest in, its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Borrower Party pursuant to the Collateral Agreement) and confirms that such liens and security interests continue to guarantee and secure the Secured Obligations, including under the Loan Documents, including, without limitation, all Secured Obligations as set forth resulting from or incurred pursuant to the additional Revolving Loan Commitments made pursuant hereto, in each case subject to the terms thereof, and (iii) in the case of each Guarantor, ratifies and reaffirms its guaranty of the Obligations pursuant to its respective Guaranty. (e) This Amendment shall be deemed a Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocument for all purposes under the Credit Agreement.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “"this Agreement,” “" "hereunder,” “" "hereof,” “" "herein,” " or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “"thereunder”", “"thereof” " and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined abovehereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Each Loan Party, Party hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Each of ANR, the Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “"this Agreement,” “" "hereunder,” “" "hereof,” “" "herein,” " or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “"thereunder”", “"thereof” " and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment Waiver and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower Company, on behalf of itself and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted by it pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “"this Agreement,” “" "hereunder,” “" "hereof,” “" "herein,” " or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “"thereunder”", “"thereof” " and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment Waiver and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower Company, on behalf of itself and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Each of Holdings, the Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of On and after the Amendment Number 8 Effective Date, each reference in the Credit Loan Agreement and the other Loan Documents to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Loan Agreement, and each reference in the other Loan Documents transaction documents to the Credit Agreement (including“Loan Agreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and modified by this Amendment Number 8. From and after the Credit Agreement Amendment Number 8 Effective Date, this Amendment Number 8 shall be read together and construed as a single instrumentLoan Document under the Loan Agreement. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit The Loan Agreement and all the other Loan Documents Documents, as specifically amended by this Amendment Number 8, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed, and the respective guarantees, pledges, grants of security interests and other agreements, as applicable, under each of the Loan Documents, notwithstanding the consummation of the transactions contemplated hereby, shall continue to be in full force and effect and shall accrue to the benefit of the Administrative Agent and the Lenders under the Loan Agreement. Without limiting the generality of the foregoing, the Collateral described in the Loan Documents do and shall continue to secure the payment of all Obligations of the Borrowers under the Loan Documents, in each case, as amended by this Amendment Number 8. (c) The execution, delivery and effectiveness of this Amendment Number 8 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to of the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocuments.

Reference to and Effect on the Loan Documents. (a) As of the Amendment No. 2 Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, ,” “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined abovehereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. This Amendment shall not constitute a novation of the Credit Agreement. (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 the Lenders, the Borrower or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement Loan Documents or for any Loan Document (as amended hereby) purpose except as and to the extent expressly set forth herein. (d) This Amendment shall constitute a Loan Document under the terms of the Credit Agreement. (e) The Borrower and (Holdings, by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Partytheir respective signatures below, hereby confirms that affirm and confirm the guaranties, pledge of and/or grant of a security interests and liens granted pursuant interest in their assets which are Collateral to the Loan Documents continue to guarantee and secure the Obligations Obligations, all as set forth provided in the Loan Documents Security Documents, and acknowledge and agree that such guaranties, security interests and liens remain pledge and/or grant shall continue in full force and effecteffect in respect of, and to secure, such Obligations under the Credit Agreement and the other Loan Documents.

Reference to and Effect on the Loan Documents. (a) As On and after each of the Incremental Effective Date and the First Amendment Effective Date, as applicable, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like import, import referring to the Credit Agreement and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrumenthereby. (b) Except The Credit Agreement, as expressly amended hereby, all of and the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined in the Credit Agreement, as amended hereby. (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 the Administrative Agent or any Lender or Agent under any of the Credit Agreement or any Loan Document, Documents or constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocuments. (d) The Borrower and (by its acknowledgement hereof as set forth the other parties hereto acknowledge and agree that, on and after the signature pages hereto) Incremental Effective Date and the First Amendment Effective Date, this Agreement and each of the other Loan Party, hereby confirms that Documents to be executed and delivered by a Loan Party shall constitute a Loan Document for all purposes of the guaranties, security interests Credit Agreement (as amended hereby). (e) The provisions of Sections 11.12 and liens granted pursuant 11.16 of the Credit Agreement shall apply with like effect to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectthis Agreement.

Reference to and Effect on the Loan Documents. (a) As of the Amendment No. 1 Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, ,” “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined abovehereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement Agreement, the Loan Guaranty and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. This Amendment shall not constitute a novation of the Credit Agreement, the Loan Guaranty or any other Loan Document. (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 the Lenders, the Borrowers or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement Loan Documents or for any Loan Document (as amended hereby) purpose except as and to the extent expressly set forth herein. (d) This Amendment shall constitute a Loan Document under the terms of the Credit Agreement. (e) The Borrower and (Loan Parties, by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Partytheir respective signatures below, hereby confirms that the guaranties, security interests affirm and liens granted confirm their guarantees pursuant to the Loan Documents continue Guaranty and the pledge of and/or grant of a security interest in their assets which are Collateral to guarantee and secure the Obligations Obligations, all as set forth provided in the Loan Documents Collateral Documents, and acknowledge and agree that such guaranties, security interests guarantees and liens remain such pledge and/or grant shall continue in full force and effecteffect in respect of, and to secure, such Obligations under the Credit Agreement and the other Loan Documents.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Each of Holdings, the Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As Upon the satisfaction of the Effective Date, conditions contained in Section 3 hereof each reference in the Credit Agreement and the other Loan Documents to “"this Agreement,” “", "hereunder,” “", "hereof,” “", "herein,” " or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrumenthereby. (b) Except as expressly specifically amended herebyabove, all of the terms and provisions of the Credit Agreement Agreement, the Notes, and all other Loan Documents are and instruments securing or guaranteeing Borrower's obligations to Lenders, including the Collateral Documents, as amended (collectively, the "Security Instruments"), shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Security Instruments and all collateral described therein do and shall continue to secure the payment of all obligations of Borrower and Guarantors under the Credit Agreement, as amended hereby, and the Notes, and under the other Security Instruments. (c) Each of the Guarantors hereby expressly (i) acknowledges the terms of this Amendment; (ii) ratifies and affirms its obligations under its Guaranty Agreement dated November 18, 2005, in favor of the Agent and the Lenders; (iii) acknowledges, renews and extends its continued liability under its Guaranty Agreement and agrees that its Guaranty Agreement remains in full force and effect; and (iv) guarantees to the Agent and the Lenders to promptly pay when due all amounts owing or to be owing by it under its Guaranty Agreement pursuant to the terms and conditions thereof. (d) 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 the Administrative Agent or any Lender under any of the Credit Agreement or any Loan DocumentSecurity Instruments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinSecurity Instruments. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Amendment No. 1 Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, ,” “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined abovehereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. This Amendment shall not constitute a novation of the Credit Agreement. (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 the Lenders, the Borrower or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement Loan Documents or for any Loan Document (as amended hereby) purpose except as and to the extent expressly set forth herein. (d) This Amendment shall constitute a Loan Document under the terms of the Credit Agreement. (e) The Borrower and (Holdings, by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Partytheir respective signatures below, hereby confirms that affirm and confirm the guaranties, pledge of and/or grant of a security interests and liens granted pursuant interest in their assets which are Collateral to the Loan Documents continue to guarantee and secure the Obligations Obligations, all as set forth provided in the Loan Documents Security Documents, and acknowledge and agree that such guaranties, security interests and liens remain pledge and/or grant shall continue in full force and effecteffect in respect of, and to secure, such Obligations under the Credit Agreement and the other Loan Documents.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined abovehereby, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Each Loan Party, Party hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective September 2012 Incremental Facility Closing Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, ,” “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined abovehereby, and this Incremental Amendment and the Credit Agreement shall be read together and construed as a single instrument. Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Incremental Amendment as of the September 2012 Incremental Facility Closing Date. (b) Except as expressly amended herebyhereby or specifically waived above, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Incremental Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Lenders, the Borrower or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement Loan Documents or for any Loan Document (as amended hereby) purpose except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on This Incremental Amendment shall constitute a Loan Document under the signature pages hereto) each other Loan Party, hereby confirms that terms of the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectCredit Agreement.

Reference to and Effect on the Loan Documents. (a) As of On and after the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the “Credit Agreement”, shall mean and be a reference to the Credit Agreement Agreement, as amended and as waived hereby with respect to the certain requirements outlined above, and by this Amendment and the Credit Agreement shall be read together and construed as a single instrumentAmendment. (b) Except The Credit Agreement, as expressly specifically amended herebyby this Amendment, all of and the terms and provisions of the Credit Agreement and all other Loan Documents are are, and shall remain continue to be, in full force and effect effect, and are hereby in all respects ratified and confirmed. (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 any Lender or the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document, or nor shall it constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocument. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan PartyParty hereby (i) ratifies and reaffirms all of its payment and performance obligations, hereby confirms that contingent or otherwise, under each of the guarantiesLoan Documents (including, without limitation, Amendment No. 1, the 2016 Increase Term Joinder, Amendment No. 2 and the 2017 Increase Term Joinder)to which it is a party, (ii) ratifies and reaffirms each grant of a lien on, or security interests and liens granted interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Guarantee and Collateral Agreement) and confirms that such liens and security interests continue to guarantee and secure the Secured Obligations as set forth under the Loan Documents, including without limitation, all Secured Obligations resulting from or incurred pursuant to this Amendment, in each case subject to the terms thereof, and (iii) in the case of each Subsidiary Guarantor, ratifies and reaffirms its guaranty of the Guarantor Obligations (as defined in the Guarantee and Collateral Agreement) pursuant to the Guarantee and Collateral Agreement. (e) This Amendment shall be deemed a Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocument for all purposes under the Credit Agreement.

Reference to and Effect on the Loan Documents. (a) As Upon and after the effectiveness of the Effective Datethis Amendment, each reference in the Credit Guarantee and Collateral Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Guarantee and Collateral Agreement, and each reference in the other Loan Documents to “the Credit Agreement (includingGuarantee and Collateral Agreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Guarantee and Collateral Agreement, shall mean and be a reference to the Credit Guarantee and Collateral Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this hereby. This Amendment and the Credit Agreement shall be read together and construed as is a single instrumentLoan Document. (b) Except as expressly specifically amended herebyby this Amendment, all of the terms Guarantee and provisions of the Credit Collateral Agreement and all the other Loan Documents are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations under and as defined therein, in each case as modified hereby. (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 Secured Party under any of the Administrative Agent or any Lender under the Credit Agreement or any Loan DocumentDocuments, or or, except as expressly provided herein, constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to of the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocuments.

Reference to and Effect on the Loan Documents. (a) As Upon the satisfaction of the Effective Date, conditions contained in Section 3 hereof each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” ”, “herein,” or words of like import, and each such reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrumenthereby. (b) Except as expressly specifically amended herebyabove, all of the terms and provisions of the Credit Agreement Agreement, the Notes, and all other Loan Documents are and instruments securing or guaranteeing Borrower’s obligations to Lenders, including the Collateral Documents, as amended (collectively, the “Security Instruments”), shall remain in full force and effect and are hereby ratified and confirmed. Without limiting the generality of the foregoing, the Security Instruments and all collateral described therein do and shall continue to secure the payment of all obligations of Borrower and Guarantors under the Credit Agreement, as amended hereby, and the Notes, and under the other Security Instruments. (c) Each of the Guarantors hereby expressly (i) acknowledges the terms of this Amendment; (ii) ratifies and affirms its obligations under its Guaranty Agreement dated November 18, 2005, in favor of the Agent and the Lenders; (iii) acknowledges, renews and extends its continued liability under its Guaranty Agreement and agrees that its Guaranty Agreement remains in full force and effect; and (iv) guarantees to the Agent and the Lenders to promptly pay when due all amounts owing or to be owing by it under its Guaranty Agreement pursuant to the terms and conditions thereof. (d) 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 the Administrative Agent or any Lender under any of the Credit Agreement or any Loan DocumentSecurity Instruments, or nor constitute a waiver or amendment of any other provision of any of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinSecurity Instruments. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the First Lien Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the First Lien Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the First Lien Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the First Lien Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the First Lien Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the First Lien Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the First Lien Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Each of the Borrower and (by its acknowledgement acknowledgment hereof as set forth on the signature pages hereto) each other Loan PartySubsidiary Guarantor, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents (as amended hereby) continue to guarantee and secure the Obligations as set forth in the Loan Documents (as amended hereby) and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of On and after the Effective DateDate (as defined below), each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the “Credit Agreement”, shall mean and be a reference to the Credit Agreement Agreement, as amended and as waived hereby with respect to the certain requirements outlined above, and by this Amendment and the Credit Agreement shall be read together and construed as a single instrumentAmendment. (b) Except The Credit Agreement, as expressly specifically amended herebyby this Amendment, all of and the terms and provisions of the Credit Agreement and all other Loan Documents are are, and shall remain continue to be, in full force and effect effect, and are hereby in all respects ratified and confirmed. (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 any Lender or the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document, or nor shall it constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocument. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan PartyParty hereby (i) ratifies and reaffirms all of its payment and performance obligations, hereby confirms that contingent or otherwise, under each of the guarantiesLoan Documents to which it is a party, (ii) ratifies and reaffirms each grant of a lien on, or security interests and liens granted interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Security Agreements) and confirms that such liens and security interests continue to guarantee and secure the Secured Obligations (as set forth defined in the Security Agreements) under the Loan Documents Documents, including without limitation, all Secured Obligations (as defined in each of the Security Agreements) resulting from or incurred pursuant to this Amendment, in each case subject to the terms thereof and that such guaranties(iii) in the case of each Guarantor, security interests ratifies and liens remain in full force and effectreaffirms its Guaranty pursuant to the Credit Agreement. (e) This Amendment shall be deemed a Loan Document for all purposes under the Credit Agreement.

Reference to and Effect on the Loan Documents. (a) As of On and after the Amendment Number 7 Effective Date, each reference in the Credit Loan Agreement and the other Loan Documents to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Loan Agreement, and each reference in the other Loan Documents transaction documents to the Credit Agreement (including“Loan Agreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and modified by this Amendment Number 7. From and after the Credit Agreement Amendment Number 7 Effective Date, this Amendment Number 7 shall be read together and construed as a single instrumentLoan Document under the Loan Agreement. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit The Loan Agreement and all the other Loan Documents Documents, as specifically amended by this Amendment Number 7, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed, and the respective guarantees, pledges, grants of security interests and other agreements, as applicable, under each of the Loan Documents, notwithstanding the consummation of the transactions contemplated hereby, shall continue to be in full force and effect and shall accrue to the benefit of the Administrative Agent and the Lenders under the Loan Agreement. Without limiting the generality of the foregoing, the Collateral described in the Loan Documents do and shall continue to secure the payment of all Obligations of the Borrowers under the Loan Documents, in each case, as amended by this Amendment Number 7. (c) The execution, delivery and effectiveness of this Amendment Number 7 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to of the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocuments.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Second Lien Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Second Lien Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Second Lien Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Second Lien Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Second Lien Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Second Lien Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Second Lien Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower Each of the Borrower, the Company and (by its acknowledgement acknowledgment hereof as set forth on the signature pages hereto) each other Loan PartySubsidiary Guarantor, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations (as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.amended

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Each of ANR, the Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents (as amended hereby) and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of On and after the Amendment Number 4 Effective Date, each reference in the Credit Loan Agreement and the other Loan Documents to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Loan Agreement, and each reference in the other Loan Documents transaction documents to the Credit Agreement (including“Loan Agreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and modified by this Amendment Number 4. From and after the Credit Agreement Amendment Number 4 Effective Date, this Amendment Number 4 shall be read together and construed as a single instrumentLoan Document under the Loan Agreement. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit The Loan Agreement and all the other Loan Documents Documents, as specifically amended by this Amendment Number 4, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed, and the respective guarantees, pledges, grants of security interests and other agreements, as applicable, under each of the Loan Documents, notwithstanding the consummation of the transactions contemplated hereby, shall continue to be in full force and effect and shall accrue to the benefit of the Administrative Agent and the Lenders under the Loan Agreement. Without limiting the generality of the foregoing, the Collateral described in the Loan Documents do and shall continue to secure the payment of all Obligations of the Borrowers under the Loan Documents, in each case, as amended by this Amendment Number 4. (c) The execution, delivery and effectiveness of this Amendment Number 4 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to of the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocuments.

Reference to and Effect on the Loan Documents. (a) As Upon and after the effectiveness of the Effective Datethis Amendment, each reference in the Existing Credit Agreement and the Existing Security Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Existing Credit Agreement or the Existing Security Agreement, as applicable, and each reference in the Notes and each of the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (includingAgreement”, without limitation“the Security Agreement”, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Existing Credit Agreement or the Existing Security Agreement, as applicable, shall mean and be a reference to the Amended Credit Agreement or the Amended Security Agreement, as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrumentapplicable. (b) Except as expressly amended herebyThe Existing Credit Agreement, all of the terms and provisions of Amended Credit Agreement, the Credit Existing Security Agreement and all other Loan Documents the Amended Security Agreement, as specifically amended by this Amendment, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. This Amendment shall constitute a “Loan Document” for all purposes of the Amended Credit Agreement, the Amended Security Agreement and the other Loan Documents. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent or any Lender the Collateral Agent under the Existing Credit Agreement, the Amended Credit Agreement, the Existing Security Agreement, the Amended Security Agreement or any other Loan Document, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinthereof. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of On and after the Amendment Number 6 Effective Date, each reference in the Credit Loan Agreement and the other Loan Documents to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” ’ or words of like importimport referring to the Loan Agreement, and each reference in the other Loan Documents transaction documents to the Credit Agreement (including“Loan Agreement”, without limitation, by means of words like “thereunder”, “thereof” and ’ or words of like import)import referring to the Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and modified by this Amendment Number 6. From and after the Credit Agreement Amendment Number 6 Effective Date, this Amendment Number 6 shall be read together and construed as a single instrumentLoan Document under the Loan Agreement. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit The Loan Agreement and all the other Loan Documents Documents, as specifically amended by this Amendment Number 6, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed, and the respective guarantees, pledges, grants of security interests and other agreements, as applicable, under each of the Loan Documents, notwithstanding the consummation of the transactions contemplated hereby, shall continue to be in full force and effect and shall accrue to the benefit of the Administrative Agent and the Lenders under the Loan Agreement. Without limiting the generality of the foregoing, the Collateral described in the Loan Documents do and shall continue to secure the payment of all Obligations of the Borrowers under the Loan Documents, in each case, as amended by this Amendment Number 6. (c) The execution, delivery and effectiveness of this Amendment Number 6 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to of the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocuments.

Reference to and Effect on the Loan Documents. (a) As Upon the effectiveness of this Amendment, on and after the Effective Datedate hereof, each reference in the Credit Purchase Agreement and the other Loan Documents to “"this Agreement,” “", "hereunder,” “", "hereof,” “herein,” " or words of like import, import referring to the Purchase Agreement and each reference in the other Loan Documents to "the Credit Agreement (includingPurchase Agreement", without limitation"thereunder", by means of words like “thereunder”, “"thereof” and " or words of like import)import referring to the Purchase Agreement, shall mean and be a reference to the Credit Agreement Purchase Agreement, as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrumenthereby. (b) Except as expressly specifically amended herebyabove, all of the terms and provisions of Purchase Agreement, the Credit Agreement Note, the Warrant Certificate and all other Loan Documents are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, each Security Agreement and all of the Collateral described therein do and shall continue to secure the payment of all obligations of the Company under the Purchase Agreement, the Note and the other Loan Documents, in each case as amended hereby. (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 the Administrative Agent or any Lender Prudential under the Credit Agreement or any Loan Document, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocument. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), import shall mean and be a reference to the Credit Agreement or such other Loan Document as amended and as waived hereby with respect to the certain requirements outlined above, and by this Amendment and the Credit Agreement shall be read together and construed as a single instrumentAmendment. (b) Except as expressly with respect to the consents and waivers set forth in Section 1 (Consents and Waivers) and to the extent amended hereby, all of the terms and provisions of the Credit Agreement and all of the other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The Except with respect to the consents and waivers set forth in Section 1 (Consents and Waivers) and to the extent amended or otherwise modified hereby, the execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, not operate as a waiver of any Default or Event of Default or any right, power power, privilege or remedy of the Administrative Agent any Agent, any Lender or any Lender L/C Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocument. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens Liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens Liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of On and after the Amendment Number 5 Effective Date, each reference in the Credit Loan Agreement and the other Loan Documents to “this Agreement,” “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Loan Agreement, and each reference in the other Loan Documents transaction documents to the Credit Agreement (including“Loan Agreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the Loan Agreement, shall mean and be a reference to the Credit Loan Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and modified by this Amendment Number 5. From and after the Credit Agreement Amendment Number 5 Effective Date, this Amendment Number 5 shall be read together and construed as a single instrumentLoan Document under the Loan Agreement. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit The Loan Agreement and all the other Loan Documents Documents, as specifically amended by this Amendment Number 5, are and shall remain continue to be in full force and effect and are hereby in all respects ratified and confirmed, and the respective guarantees, pledges, grants of security interests and other agreements, as applicable, under each of the Loan Documents, notwithstanding the consummation of the transactions contemplated hereby, shall continue to be in full force and effect and shall accrue to the benefit of the Administrative Agent and the Lenders under the Loan Agreement. Without limiting the generality of the foregoing, the Collateral described in the Loan Documents do and shall continue to secure the payment of all Obligations of the Borrowers under the Loan Documents, in each case, as amended by this Amendment Number 5. (c) The execution, delivery and effectiveness of this Amendment Number 5 shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent or under any Lender under of the Credit Agreement or any Loan DocumentDocuments, or nor constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to of the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocuments.

Reference to and Effect on the Loan Documents. (a) As of the Fourth Amendment Effective Date, each reference in the Existing Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment and the Credit Agreement shall be read together and construed as a single instrumentAgreement. (b) Except as expressly amended hereby, all of the terms and provisions of the Existing Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Existing Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Existing Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Each of the Borrower and (by its acknowledgement acknowledgment hereof as set forth on the signature pages hereto) each other Loan Party, Subsidiary Guarantor hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents (as amended hereby) continue to guarantee and secure the Obligations as set forth in the Loan Documents (as amended hereby) and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like “thereunder”, “thereof” and words of like import), shall mean and be a reference to the Credit Agreement as amended and as waived hereby with respect to the certain requirements outlined above, and this Amendment Waiver and the Credit Agreement shall be read together and construed as a single instrument. (b) Except as expressly amended hereby, all of the terms and provisions of the Credit Agreement and all other Loan Documents are and shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of the Administrative Agent Agent, any Lender or any Lender Issuer under the Credit Agreement or any Loan Document, or constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth herein. (d) The Borrower Each of Holdings and (by its acknowledgement hereof as set forth the Borrower, on the signature pages hereto) behalf of itself and each other Loan Party, hereby confirms that the guaranties, security interests and liens granted pursuant to the Loan Documents continue to guarantee and secure the Obligations as set forth in the Loan Documents and that such guaranties, security interests and liens remain in full force and effect.

Reference to and Effect on the Loan Documents. (a) As of On and after the Effective Date, each reference in the Credit Agreement and the other Loan Documents to “this Agreement,” ”, “hereunder,” ”, “hereof,” “herein,” or words of like importimport referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement (includingAgreement”, without limitation, by means of words like “thereunder”, “thereof” and or words of like import)import referring to the “Credit Agreement”, shall mean and be a reference to the Credit Agreement Agreement, as amended and as waived hereby with respect to the certain requirements outlined above, and by this Amendment and the Credit Agreement shall be read together and construed as a single instrumentAmendment. (b) Except The Credit Agreement, as expressly specifically amended herebyby this Amendment, all of and the terms and provisions of the Credit Agreement and all other Loan Documents are are, and shall remain continue to be, in full force and effect effect, and are hereby in all respects ratified and confirmed. (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 any Lender or the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document, or nor shall it constitute a waiver or amendment of any other provision of the Credit Agreement or any Loan Document (as amended hereby) except as and to the extent expressly set forth hereinDocument. (d) The Borrower and (by its acknowledgement hereof as set forth on the signature pages hereto) each other Loan PartyParty hereby (i) ratifies and reaffirms all of its payment and performance obligations, hereby confirms that contingent or otherwise, under each of the guarantiesLoan Documents to which it is a party, (ii) ratifies and reaffirms each grant of a lien on, or security interests and liens granted interest in, its property made pursuant to the Loan Documents (including, without limitation, the grant of security made by such Loan Party pursuant to the Guarantee and Collateral Agreement) and confirms that such liens and security interests continue to guarantee and secure the Secured Obligations as set forth under the Loan Documents, including without limitation, all Secured Obligations resulting from or incurred pursuant to this Amendment, in each case subject to the terms thereof, and (iii) in the case of each Subsidiary Guarantor, ratifies and reaffirms its guaranty of the Guarantor Obligations (as defined in the Guarantee and Collateral Agreement) pursuant to the Guarantee and Collateral Agreement. (e) This Amendment shall be deemed a Loan Documents and that such guaranties, security interests and liens remain in full force and effectDocument for all purposes under the Credit Agreement.