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

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Agreement to “this Receivables Sale Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer or its assigns under the Receivables Sale Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written above.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Administrative Agent or its assigns any Purchaser under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written in each case except as specifically set forth in Section 1(b) above.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer or its assigns the Seller, Parent, Purchasers and Administrator under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Administrative Agent or its assigns any Purchaser under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Administrative Agent or its assigns any Purchaser under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer Falcon, the Financial Institutions and its assigns the Administrative Agent hereby expressly reserve all of their rights with respect to the occurrence of other Termination Amortization Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written above.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Administrative Agent or its assigns any Purchaser under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Agreement to “this Receivables Sale Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer or its assigns under the Receivables Sale Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written above.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Administrative Agent or its assigns any Purchaser under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer Falcon, the Financial Institutions and its assigns the Administrative Agent hereby expressly reserve all of their rights with respect to the occurrence of other Termination Amortization Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written above.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “"this Receivables Sale Purchase Agreement”", “"this Agreement”", “"hereunder”", “"hereof”", “"herein” " or words of like import shall mean and be a reference to the Receivables Sale Agreement Purchase Agreement, as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Deal Agent, any Managing Agent or its assigns any Investor under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.

Reference to and Effect on the Transaction Documents. (a) Upon 5.1. From and after the effectiveness of this Amendment, Amendment (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Agreement”, “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement and its amendments, as amended or otherwise modified hereby, hereby and (ii) each reference all references to the Receivables Sale Purchase Agreement appearing in any other Transaction Document Document, or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Agreement Purchase Agreement, as amended or otherwise modified hereby. 5.2. From and after the effectiveness of this Amendment (bi) Except each reference in the Sale Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Sale Agreement and its amendments, as specifically amendedamended hereby and (ii) all references to the Sale Agreement appearing in any other Transaction Document, terminated or otherwise modified aboveany other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the terms and conditions of the Receivables Sale Agreement, of as amended hereby. 5.3. The Purchase Agreement and the Sale Agreement, as amended hereby, and all other Transaction Documents and any other amendments, documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. (c) The 5.4. Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Purchasers or its assigns under the Receivables Sale Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewithAdministrative Agent, nor constitute a waiver of any provision contained therein. Buyer of the Purchase Agreement, the Sale Agreement or any other documents, instruments and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written aboveagreements executed and/or delivered in connection therewith.

Reference to and Effect on the Transaction Documents. (a) Upon 5.1 From and after the effectiveness of this Amendment, Waiver (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Agreement”, “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement and its amendments, as amended or otherwise modified hereby, hereby and (ii) each reference all references to the Receivables Sale Purchase Agreement appearing in any other Transaction Document Document, or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Agreement Purchase Agreement, as amended or otherwise modified hereby. 5.2 From and after the effectiveness of this Waiver (bi) Except each reference in the Sale Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Sale Agreement and its amendments, as specifically amendedamended hereby and (ii) all references to the Sale Agreement appearing in any other Transaction Document, terminated or otherwise modified aboveany other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the terms and conditions of the Receivables Sale Agreement, of as amended hereby. 5.3 The Purchase Agreement and the Sale Agreement, as amended hereby, and all other Transaction Documents and any other amendments, documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect effect, and are hereby ratified and confirmed. (c) The 5.4 Except as expressly provided herein, the execution, delivery and effectiveness of this Amendment Waiver shall not operate as a waiver of any right, power or remedy of Buyer the Purchasers or its assigns under the Receivables Sale Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewithAdministrative Agent, nor constitute a waiver of any provision contained therein. Buyer of the Purchase Agreement, the Sale Agreement or any other documents, instruments and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written aboveagreements executed and/or delivered in connection therewith.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Administrative Agent or its assigns any Purchaser under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written above.

Reference to and Effect on the Transaction Documents. (a) 5.1 Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement or the Originator Purchase Agreement to “this Receivables Sale Agreement”, “this Agreement”, ,” “hereunder”, ,” “hereof”, ,” “herein,” “hereby” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement or the Originator Purchase Agreement, as applicable, as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement or the Originator Purchase Agreement in any other Transaction Document or any other document, instrument or and agreement executed and/or delivered in connection therewith, with the Receivables Purchase Agreement or the Originator Purchase Agreement shall mean and be a reference to the Receivables Sale Purchase Agreement or the Originator Purchase Agreement, as applicable, as amended or otherwise modified hereby. (b) 5.2 Except as specifically amended, terminated or otherwise modified aboveamended hereby, the terms and conditions of the Receivables Sale Purchase Agreement, of all the Originator Purchase Agreement, the other Transaction Documents and any all other documents, instruments and agreements executed and/or delivered in connection therewith, therewith shall remain in full force and effect and are hereby ratified and confirmed. (c) 5.3 The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer any Purchaser, any Managing Agent or its assigns the Administrative Agent under the Receivables Sale Agreement or any Purchase Agreement, the Originator Purchase Agreement, the other Transaction Document Documents or any other document, instrument instrument, or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written above.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Agreement Purchase Agreement, as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Agent or its assigns any Purchaser under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns , in each case except as specifically set forth herein. (d) JohnsonDiversey, Inc., by execution hereof, hereby expressly reserve reaffirms all of their rights with respect its obligations under the Performance Undertaking, dated as of March 2, 2001 made by JohnsonDiversey, Inc. (formerly known as S.C. Xxxxxxx Commercial Markets, Inc.) in favor of JWPR (the “Performance Undertaking”), (ii) acknowledges that the Agent, as a party to the occurrence Receivables Purchase Agreement, enjoys the benefits of other Termination Eventsthe Performance Undertaking, if anyand (iii) acknowledges and agrees that the Performance Undertaking remains in full force and effect (including, whether previously existing or hereinafter arising or which exist at any time on or without limitation, after the date first written abovegiving effect to this Amendment).

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Agreement Purchase Agreement, as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated amended or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Agent or its assigns any Purchaser under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this AmendmentEffective Date, (i) each reference in the Receivables Sale Agreement to “the Receivables Sale Agreement”, “this Receivables Sale Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale AgreementAgreement (including all other amendments thereto), of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Waiver and Amendment shall not operate as a waiver of any right, power or remedy of Buyer the Agent or its assigns any Purchaser under the Receivables Sale Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.

Reference to and Effect on the Transaction Documents. (a) Upon On and after the effectiveness of this Amendmentdate hereof, (i) each reference in the Receivables Contribution and Sale Agreement to “this Receivables Sale Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Receivables Contribution and Sale Agreement, and each reference in any of the other Transaction Documents to the Receivables Contribution and Sale Agreement, “thereunder”, “thereof” or words of like import referring to the Receivables Contribution and Sale Agreement shall mean and be a reference to the Receivables Contribution and Sale Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified herebyby this First Amendment. (b) Except as to the extent specifically amendedamended hereby or pursuant to agreements delivered in connection herewith, terminated or otherwise modified above, all of the terms and conditions of the Receivables Contribution and Sale Agreement, of all Agreement and the other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain unchanged and in full force and effect and are hereby ratified and confirmedconfirmed in all respects. (c) The execution, delivery and effectiveness of this First Amendment shall not not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Buyer the Buyer, the Agent, any Purchaser or its assigns other Owner under the Receivables Contribution and Sale Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of, or a consent to departure from, any of the terms and conditions of the Receivables Contribution and Sale Agreement or any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect other Transaction Document, nor obligate the Buyer, any Purchaser or the Agent to agree to similar amendments in the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovefuture.

Reference to and Effect on the Transaction Documents. (a) 4.1 Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Agreement to “this Receivables Sale Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Agreement in any other Transaction Document Document, or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby. (b) 4.2 Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Agreement, of all other Transaction Documents Documents, and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) 4.3 The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer or its assigns under the Receivables Sale Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written above.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, hereby and (ii) each reference to the Receivables Sale Purchase Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer or its assigns the Seller, Parent, Purchasers and Administrator under the Receivables Sale Purchase Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Purchase Agreement to “this Receivables Sale Purchase Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Purchase Agreement as amended or otherwise modified hereby, (ii) each reference in the Fee Letter to “this Fee Letter”, “this letter”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Fee Letter as amended or otherwise modified hereby, and (iiiii) each reference to the Receivables Sale Purchase Agreement or the Fee Letter in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Purchase Agreement or Fee Letter, respectively, as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Purchase Agreement, of the Fee Letter, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Buyer or its assigns the Seller, Parent, Purchasers and Administrator under the Receivables Sale Agreement Purchase Agreement, the Fee Letter or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.

Reference to and Effect on the Transaction Documents. (a) Upon the effectiveness of this Amendment, (i) each reference in the Receivables Sale Agreement to “this Receivables Sale Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby, and (ii) each reference to the Receivables Sale Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Receivables Sale Agreement as amended or otherwise modified hereby. (b) Except as specifically amended, terminated or otherwise modified above, the terms and conditions of the Receivables Sale Agreement, of all other Transaction Documents and any other documents, instruments and agreements executed and/or delivered in connection therewith, shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Buyer or its assigns under the Receivables Sale Agreement or any other Transaction Document or any other document, instrument or agreement executed in connection therewith, nor constitute a waiver of any provision contained therein. Buyer and its assigns hereby expressly reserve all of their rights with respect to the occurrence of other Termination Events, if any, whether previously existing or hereinafter arising or which exist at any time on or after the date first written abovein each case except as specifically set forth herein.