Common use of Reference to and Effect Upon the Loan Agreement Clause in Contracts

Reference to and Effect Upon the Loan Agreement. (a) Except as specifically amended hereby, all terms, conditions, covenants, representations and warranties contained in the Loan Agreement and other Loan Documents, and all rights of the Lender Parties and all of the Obligations, shall remain in full force and effect. The Credit Parties hereby confirm that the Loan Agreement and the other Loan Documents are in full force and effect and that no Credit Party has any right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to any of the Obligations, the Loan Agreement or any other Loan Document. (b) Except as expressly set forth herein, the execution, delivery and effectiveness of this Agreement shall not directly or indirectly (i) create any obligation to make any further Loans or to continue to defer any enforcement action after the occurrence of any Default or Event of Default (including, without limitation, any Forbearance Default), (ii) constitute a consent or waiver of any past, present or future violations of any provisions of the Loan Agreement or any other Loan Documents nor constitute a novation of any of the Obligations under the Loan Agreement or other Loan Documents, (iii) amend, modify or operate as a waiver of any provision of the Loan Agreement or any other Loan Documents or any right, power or remedy of any Lender Party, (iv) constitute a consent to any merger or other transaction or to any sale, restructuring or refinancing transaction or (v) constitute a course of dealing or other basis for altering any Obligations or any other contract or instrument. Except as expressly set forth herein, each Lender Party reserves all of its rights, powers, and remedies under the Loan Agreement, the other Loan Documents and applicable law. (c) From and after the Forbearance Effective Date, (i) the term “Agreement” in the Loan Agreement, and all references to the Loan Agreement in any Loan Document, shall mean the Loan Agreement, as amended by, among things, this Agreement, and (ii) the term “Loan Documents” in the Loan Agreement and the other Loan Documents shall include, without limitation, this Agreement and any agreements, instruments and other documents executed and/or delivered in connection herewith. (d) Except as expressly provided in Section 4 hereof, no Lender Party has waived (regardless of any delay in exercising such rights and remedies), any Default or Event of Default that may be continuing on the date hereof or any Event of Default that may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise), and no Lender Party has agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Defaults), that may have occurred or are continuing as of the date hereof, or that may occur after the date hereof. (e) The Credit Parties acknowledge and agree that the Lender Parties’ agreement to forbear from exercising their default-related rights and remedies with respect to the Specified Defaults during the Forbearance Period does not in any manner whatsoever limit any Lender Party’s right to insist upon strict compliance by the Credit Parties with the Loan Agreement (except as modified herein or otherwise affected by the Specified Default), this Agreement or any other Loan Document during the Forbearance Period, except as expressly set forth herein. (f) This Agreement shall not be deemed or construed to be a satisfaction, reinstatement, novation or release of the Loan Agreement or any other Loan Document.

Reference to and Effect Upon the Loan Agreement. (a) Except as specifically amended hereby, all terms, conditions, covenants, representations and warranties contained in the Loan Agreement and other Loan Documents, and all rights of the Lender Parties and all of the Obligations, shall remain in full force and effect. The Credit Parties hereby confirm that the Loan Agreement and the other Loan Documents are in full force and effect and that no Credit Party has any right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to any of the Obligations, the Loan Agreement or any other Loan Document. (b) Except as expressly set forth herein, the execution, delivery and effectiveness of this Agreement shall not directly or indirectly (i) create any obligation to make any further Loans or to continue to defer any enforcement action after the occurrence of any Default or Event of Default (including, without limitation, any Forbearance Default), (ii) constitute a consent or waiver of any past, present or future violations of any provisions of the Loan Agreement or any other Loan Documents nor constitute a novation of any of the Obligations under the Loan Agreement or other Loan Documents, (iii) amend, modify or operate as a waiver of any provision of the Loan Agreement or any other Loan Documents or any right, power or remedy of any Lender Party, (iv) constitute a consent to any merger or other transaction or to any sale, restructuring or refinancing transaction or (v) constitute a course of dealing or other basis for altering any Obligations or any other contract or instrument. Except as expressly set forth herein, each Lender Party reserves all of its rights, powers, and remedies under the Loan Agreement, the other Loan Documents and applicable law. (c) From and after the Forbearance Effective Date, (i) the term “Agreement” in the Loan Agreement, and all references to the Loan Agreement in any Loan Document, shall mean the Loan Agreement, as amended by, among things, this Agreement, and (ii) the term “Loan Documents” in the Loan Agreement and the other Loan Documents shall include, without limitation, this Agreement and any agreements, instruments and other documents executed and/or delivered in connection herewith. . (d) Except as expressly provided in Section 4 hereof, no Lender Party has waived (regardless of any delay in exercising such rights and remedies), any Default or Event of Default that may be continuing on the date hereof or any Event of Default that may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise), and no Lender Party has agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Defaults), that may have occurred or are continuing as of the date hereof, or that may occur after the date hereof. (e) The Credit Parties acknowledge and agree that the Lender Parties’ agreement to forbear from exercising their default-related rights and remedies with respect to the Specified Defaults during the Forbearance Period does not in any manner whatsoever limit any Lender Party’s right to insist upon strict compliance by the Credit Parties with the Loan Agreement (except as modified herein or otherwise affected by the Specified Default), this Agreement or any other Loan Document during the Forbearance Period, except as expressly set forth herein. (f) This Agreement shall not be deemed or construed to be a satisfaction, reinstatement, novation or release of the Loan Agreement or any other Loan Document.

Reference to and Effect Upon the Loan Agreement. (aA) Except as specifically amended expressly modified hereby, all terms, conditions, covenants, representations and warranties contained in the Loan Agreement and the other Loan Documents, and all rights of the Lender Parties and all of the Borrower Parties’ Obligations, shall remain in full force and effect. The Credit Each of the Borrower Parties hereby confirm confirms that the Loan Agreement and the other Loan Documents to which it is a party are in full force and effect and that it has no Credit Party has any right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to any of the Obligations, the Loan Agreement or any other Loan Document. (bB) Except as expressly set forth herein, the execution, delivery and effectiveness of this Agreement Amendment shall not directly or indirectly (i) create any obligation to make any further Loans or to continue to defer any enforcement action after the occurrence of any Default or Event of Default (including, without limitation, any Forbearance Default), (ii) constitute a consent or waiver of any past, present or future violations of any provisions of the any Loan Agreement or any other Loan Documents nor constitute a novation of any of the Obligations under the Loan Agreement or other Loan Documents, (iiiii) amend, modify or operate as a waiver of any provision of the any Loan Agreement or any other Loan Documents or any right, power or remedy of any Lender Partythe Lenders, (iviii) constitute a consent to any merger or other transaction or to any sale, restructuring restructuring, recapitalization or refinancing transaction transaction, or (viv) constitute a course of dealing or other basis for altering any Obligations of the Borrower Parties’ obligations or any other contract or instrument. Except as expressly set forth herein, each Lender Party reserves the Lenders reserve all of its their rights, powers, and remedies under the Loan Agreement, the other Loan Documents and applicable law. (c) From and after . All of the Forbearance Effective Date, (i) the term “Agreement” in the Loan Agreement, and all references to the Loan Agreement in any Loan Document, shall mean the Loan Agreement, as amended by, among things, this Agreement, and (ii) the term “Loan Documents” in provisions of the Loan Agreement and the other Loan Documents shall includeDocuments, including, without limitation, this Agreement and any agreementsthe time of the essence provisions, instruments and other documents executed and/or delivered in connection herewith. (d) Except as expressly provided in Section 4 hereof, no Lender Party has waived (regardless of any delay in exercising such rights and remedies), any Default or Event of Default that may be continuing on the date hereof or any Event of Default that may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise)are hereby reiterated, and no Lender Party has agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other thanif ever waived, during the Forbearance Period, the Specified Defaults), that may have occurred or are continuing as of the date hereof, or that may occur after the date hereofhereby reinstated. (e) The Credit Parties acknowledge and agree that the Lender Parties’ agreement to forbear from exercising their default-related rights and remedies with respect to the Specified Defaults during the Forbearance Period does not in any manner whatsoever limit any Lender Party’s right to insist upon strict compliance by the Credit Parties with the Loan Agreement (except as modified herein or otherwise affected by the Specified Default), this Agreement or any other Loan Document during the Forbearance Period, except as expressly set forth herein. (f) This Agreement shall not be deemed or construed to be a satisfaction, reinstatement, novation or release of the Loan Agreement or any other Loan Document.

Reference to and Effect Upon the Loan Agreement. (a) Except as specifically amended hereby, all terms, conditions, covenants, representations and warranties contained in the Loan Agreement and other Loan Documents, and all rights of the Lender Parties and all of the Obligationsobligations under the Loan Documents, shall remain in full force and effect. The Credit Parties Each of the Borrowers hereby confirm confirms that the Loan Agreement and the other Loan Documents are in full force and effect effect, and that no Credit Party Borrower has any right of setoff, recoupment or other offset or any defense, claim or counterclaim with respect to any of Loan Document or the Obligations, the Loan Agreement or any other Loan DocumentBorrowers’ obligations thereunder. (b) Except as expressly set forth herein, the execution, delivery and effectiveness of this Agreement and any consents or waivers set forth herein shall not directly or indirectly indirectly: (i) create any obligation to make any further Loans or to continue to defer any enforcement action after the occurrence of any Default or Event of Default (including, without limitation, any Forbearance Default), ; (ii) constitute a consent or waiver of any past, present or future violations of any provisions of this Agreement and the Loan Agreement or any other Loan Documents nor constitute a novation of any of the Obligations under the Loan Agreement or other Loan Documents, ; (iii) amend, modify or operate as a waiver of any provision of the any Loan Agreement or any other Loan Documents Document or any right, power or remedy of any Lender Party, the Lender; (iv) constitute a consent to any merger or other transaction or to any sale, restructuring or refinancing transaction transaction; or (v) constitute a course of dealing or other basis for altering any Obligations obligations under the Loan Documents or any other contract or instrument. Except as expressly set forth herein, each the Lender Party reserves all of its rights, powers, and remedies under the Loan Agreement, the other Loan Documents and applicable law. All of the provisions of the Loan Documents, including, without limitation, the time of the essence provisions, are hereby reiterated, and if ever waived previously, are hereby reinstated. (c) From and after the Forbearance Effective Date, (i) the term “Agreement” in the Loan Agreement, and all references to the Loan Agreement in any Loan Document, Document shall mean the Loan Agreement, as amended by, among things, by this Agreement, and (ii) the term “Loan Documents” defined in the Loan Agreement and the other Loan Documents shall include, without limitation, this Agreement and any agreements, instruments and other documents executed and/or or delivered in connection herewith. (d) Except as expressly provided in Section 4 hereofset forth herein with respect to the Specified Defaults, no the Lender Party has waived not waived, nor is by this Agreement waiving, or has any intention of waiving (regardless of any delay in exercising such rights and remedies), any Default or Default, Event of Default that or Forbearance Default which may be continuing on the date hereof or any Default, Event of Default that or Forbearance Default which may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise), and no . the Lender Party has not agreed to forbear with respect to any of its rights or remedies concerning any Events Default, Event of Default or Forbearance Default (other than, during the Forbearance Period, the Specified DefaultsDefaults solely to the extent expressly set forth herein), that which may have occurred or are continuing as of the date hereof, or that which may occur after the date hereof. (e) The Credit Parties acknowledge Each Borrower agrees and agree acknowledges that the Lender PartiesLender’ agreement to forbear from exercising their certain of its default-related rights and remedies with respect to the Specified Defaults during the Forbearance Period does not in any manner whatsoever limit any Lender Partythe Lender’s right to insist upon strict compliance by the Credit Parties Borrowers with the Loan Agreement (except as modified herein or otherwise affected by the Specified Default), this Agreement or any other Loan Document during the Forbearance Period, except as expressly set forth herein. (f) This Agreement shall not be deemed or construed to be a satisfaction, reinstatement, novation or release of the Loan Agreement or any other Loan DocumentDocuments.