Common use of Representations and Release of Claims Clause in Contracts

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers or any third party to Agent and Lenders as evidenced by the Credit Documents. Borrowers hereby acknowledge, agree, and represent that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or the other obligations created or evidenced by the Credit Documents; (b) as of the date of this Amendment, no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents or Agent’s or any existing or prior Lender’s performance under the Credit Documents; and (c) Borrowers promise to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of certain provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers hereunder, Borrowers hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, which a Borrower has or may have against Released Parties arising out of or with respect to any and all transactions relating to the Loan Agreement, the Notes, and the other Credit Documents occurring prior to the date hereof.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Borrower, any Guarantor or any third party to Agent and Lenders as evidenced by the Credit Existing Loan Documents. Borrowers Borrower and each Guarantor hereby acknowledge, agree, and represent that (a) as of the date of this Amendment, there are no known claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Existing Loan Documents or the other obligations created or evidenced by the Credit Existing Loan Documents; (b) as of the date of this Amendment, no neither Borrower nor any Guarantor has any known claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Existing Loan Documents or Agent’s or any existing or prior Lender’s performance under the Credit Existing Loan Documents; and (c) Borrowers promise as of the date of this Amendment, Borrower has reviewed and reconciled all Advances, calculations of interest due and principal owing, and agrees with and has no claims regarding any such matters and (d) Borrower promises to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers Borrower hereunder, Borrowers Borrower and each Guarantor hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present known claims, demands, actions and causes of action of any and every kind or character, whether known which Borrower or unknownGuarantors, which a Borrower or any of them, has or may have against Released Parties arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, the Guaranties, and the other Credit Existing Loan Documents occurring prior to the date hereof. Further, Borrower and Guarantors warrant and represent that they are not now aware of any claims or potential claims against Agent or Lenders pursuant to the Loan Agreement.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers any Borrower or any third party to Agent and Lenders as evidenced by the Credit Documents. Borrowers Each Borrower hereby acknowledgeacknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or the other obligations created or evidenced by the Credit Documents; (b) as of the date of this Amendment, no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents or Agent’s or any existing or prior Lender’s performance under the Credit Documents; and (c) Borrowers promise each Borrower promises to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of certain provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers hereunder, Borrowers each Borrower hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE DISCHARGES Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, which a Borrower Borrowers, or any of them, has or may have against Released Parties arising out of or with respect to any and all transactions relating to the Loan Agreement, the Notes, Notes and the other Credit Documents occurring prior to the date hereof.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers any Borrower, any Guarantor or any third party to Agent and Lenders as evidenced by the Credit Loan Documents. Borrowers Each Borrower hereby acknowledgeacknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Loan Documents or the other obligations Obligations created or evidenced by the Credit Loan Documents; (b) as of the date of this Amendment, no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Loan Documents or Agent’s or any existing or prior Lender’s performance under the Credit Loan Documents; and (c) Borrowers jointly and severally promise to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of certain provisions of the Credit Loan Documents, all as herein provided, and the other benefits received by Borrowers hereunder, Borrowers each Borrower hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE DISCHARGES Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, which a Borrower has Borrowers have or may have against the Released Parties arising out of or with respect to any and all transactions occurring prior to the date hereof and relating to the Loan Agreement, the Notes, Notes and the other Credit Documents occurring prior to the date hereofLoan Documents.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers any Borrower, any Guarantor or any third party to Agent and Lenders as evidenced by the Credit Loan Documents. Borrowers Each Borrower hereby acknowledgeacknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Loan Documents or the other obligations Obligations created or evidenced by the Credit Loan Documents; (b) as of the date of this Amendment, no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Loan Documents or Agent’s or any existing or prior LenderXxxxxx’s performance under the Credit Loan Documents; and (c) Borrowers jointly and severally promise to pay to the order of Agent and Lenders Xxxxxxx the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of certain provisions of the Credit DocumentsLoan Agreement pursuant to this Amendment, all as herein providedeach Borrower hereby RELEASES, and the other benefits received by Borrowers hereunder, Borrowers hereby RELEASE, RELINQUISH RELINQUISHES and forever DISCHARGE DISCHARGES Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, which a Borrower has Borrowers have or may have against the Released Parties arising out of or with respect to any and all transactions occurring prior to the date hereof and relating to the Loan Agreement, the Notes, Notes and the other Credit Documents occurring prior to the date hereofLoan Documents.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations Obligations of Borrowers or any third party to Agent and Lenders Company as evidenced by the Credit Loan Documents. Borrowers Company hereby acknowledgeacknowledges, agreeagrees, and represent represents that (ai) Company is indebted to Lenders pursuant to the terms of the Notes; (ii) the liens, security interests and assignments created and evidenced by the Loan Documents are, respectively, first, prior, valid and subsisting liens, security interests and assignments against the Collateral and secure all indebtedness and obligations of Company to Lenders under the Notes, the Credit Agreement, all other Loan Documents, as modified herein; (iii) all of the representations and warranties contained in the Credit Agreement and all instruments and documents executed pursuant thereto or contemplated thereby are true and correct in all material respects on and as of the date of this Amendment, date; (iv) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Loan Documents, and the other obligations created or evidenced by the Credit Loan Documents; (bv) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of the Agent’s or any existing or prior Lender’s Lenders’ acts or omissions with respect to the Credit Documents Loan Documents, or the Agent’s or any existing or prior Lender’s Lenders’ performance under the Credit Loan Documents; (vi) the representations and warranties contained in the Loan Documents are true and correct representations and warranties of Company, as of the date hereof; and (cvii) Borrowers promise to pay to Company is not in default and no event has occurred which, with the order passage of Agent and Lenders the indebtedness evidenced time, giving of notice, or both, would constitute a default by the Notes according to Company of Company’s obligations under the terms thereofand provisions of the Loan Documents. In consideration of the modification of certain provisions of the Credit Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers Company hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Agent, and Documentation Agent, each Existing Lender, their respective predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Lender Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Lender Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Credit Agreement, the Notes, and the other Credit Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Lender Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governance or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims, any violation of the Texas Free Enterprise Antitrust Act or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers any Borrower, any Guarantor or any third party to Agent and Lenders as evidenced by the Credit Loan Documents. Borrowers Each Borrower hereby acknowledgeacknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Loan Documents or the other obligations Obligations created or evidenced by the Credit Loan Documents; (b) as of the date of this Amendment, no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Loan Documents or Agent’s or any existing or prior LenderLxxxxx’s performance under the Credit Loan Documents; and (c) Borrowers jointly and severally promise to pay to the order of Agent and Lenders Lxxxxxx the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of certain provisions of the Credit DocumentsLoan Agreement pursuant to this Amendment, all as herein providedeach Borrower hereby RELEASES, and the other benefits received by Borrowers hereunder, Borrowers hereby RELEASE, RELINQUISH RELINQUISHES and forever DISCHARGE DISCHARGES Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, which a Borrower has Borrowers have or may have against the Released Parties arising out of or with respect to any and all transactions occurring prior to the date hereof and relating to the Loan Agreement, the Notes, Notes and the other Credit Documents occurring prior to the date hereofLoan Documents.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Borrower or any third party to Agent and Lenders Lender, as evidenced by the Credit Existing Loan Documents. Borrowers Borrower hereby acknowledgeacknowledges, agreeagrees, and represent represents that (ai) as Borrower is indebted to Lender pursuant to the terms of the date Note; (ii) the liens, security interests and assignments created and evidenced by the Existing Loan Documents are, respectively, first, prior, valid and subsisting liens, security interests and assignments against the Collateral and secure all indebtedness and obligations of this AmendmentBorrower to Lender under the Note, the Loan Agreement and all other Existing Loan Documents, as modified herein; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Existing Loan Documents, and the other obligations created or evidenced by the Credit Existing Loan Documents; (biv) as of the date of this Amendment, no Borrower has any no claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior the Lender’s acts or omissions with respect to the Credit Documents Existing Loan Documents, or Agent’s or any existing or prior the Lender’s performance under the Credit Existing Loan Documents; and (cv) Borrowers promise Borrower promises to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers Borrower hereunder, Borrowers Borrower hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Lender, and their its predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Lender Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknownreasonably within Borrower’s knowledge, which a Borrower has or may have against Lender Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, and the other Credit Existing Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Lender Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of funding commitment, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Existing Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims, or any violation of federal antitrust acts, accruing or occurring prior to the date hereof.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Borrower, any Guarantor or any third party to Agent and Lenders as evidenced by the Credit Documents. Borrowers Borrower and each Guarantor hereby acknowledge, agree, and represent that (a) as of the date of this Amendment, there are no known claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or the other obligations created or evidenced by the Credit Documents; (b) as of the date of this Amendment, no neither Borrower nor any Guarantor has any known claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents or Agent’s or any existing or prior Lender’s performance under the Credit Documents; and (c) Borrowers promise as of the date of this Amendment, Borrower has reviewed and reconciled all Advances, calculations of interest due and principal owing, and agrees with and has no claims regarding any such matters and (d) Borrower promises to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers Borrower hereunder, Borrowers Borrower and each Guarantor hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present known claims, demands, actions and causes of action of any and every kind or character, whether known which Borrower or unknownGuarantors, which a Borrower or any of them, has or may have against Released Parties arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, the Guaranties, and the other Credit Documents occurring prior to the date hereof.. Further, Borrower and Guarantors warrant and represent that they are not now aware of any claims or potential claims against Agent or Lenders pursuant to the Loan Agreement. 116549.01097/123534729v.2

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the ' obligations of Borrowers Company, or any third party to Agent and Lenders Lender as evidenced by the Credit Existing Loan Documents. Borrowers Company hereby acknowledgeacknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Existing Loan Documents, and the other obligations created or evidenced by the Credit Existing Loan Documents; (b) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s 's acts or omissions with respect to the Credit Documents Existing Loan Documents, or Agent’s or any existing or prior Lender’s 's performance under the Credit Existing Loan Documents; and (c) Borrowers promise Company promises to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers Company hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Lender, and their its predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, and the other Credit Existing Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Existing Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Company, or any third party to Agent and Lenders Lender as evidenced by the Credit Existing Loan Documents. Borrowers Company hereby acknowledgeacknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Existing Loan Documents, and the other obligations created or evidenced by the Credit Existing Loan Documents; (b) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s 's acts or omissions with respect to the Credit Documents Existing Loan Documents, or Agent’s or any existing or prior Lender’s 's performance under the Credit Existing Loan Documents; and (c) Borrowers promise Company promises to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers Company hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Lender, and their its predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, and the other Credit Existing Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Released Parties, and including any loss, cost or damage in connection with any of breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Existing Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any of violations Regulation B, Equal Credit Opportunity, bank tying act claims or any violation of federal an antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Company, or any third party to Agent and Lenders Lender as evidenced by the Credit Existing Loan Documents. Borrowers hereby acknowledgeCompany acknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Existing Loan Documents, and the other obligations created or evidenced by the Credit Existing Loan Documents; (b) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s 's acts or omissions with respect to the Credit Documents Existing Loan Documents, or Agent’s or any existing or prior Lender’s 's performance under the Credit Existing Loan Documents; and (c) Borrowers promise Company promises to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers hereby RELEASECompany RELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Lender, and their its predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, and the other Credit Existing Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Existing Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Borrower, any Guarantor or any third party to Agent and Lenders as evidenced by the Credit Documents. Borrowers Borrower and each Guarantor hereby acknowledge, agree, and represent that (a) as of the date of this Amendment, there are no known claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or the other obligations created or evidenced by the Credit Documents; (b) as of the date of this Amendment, no neither Borrower nor any Guarantor has any known claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents or Agent’s or any existing or prior Lender’s performance under the Credit Documents; and (c) Borrowers promise as of the date of this Amendment, Borrower has reviewed and reconciled all Advances, calculations of interest due and principal owing, and agrees with and has no claims regarding any such matters and (d) Borrower promises to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers Borrower hereunder, Borrowers Borrower and each Guarantor hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present known claims, demands, actions and causes of action of any and every kind or character, whether known which Borrower or unknownGuarantors, which a Borrower or any of them, has or may have against Released Parties arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, the Guaranties, and the other Credit Documents occurring prior to the date hereof. Further, Borrower and Guarantors warrant and represent that they are not now aware of any claims or potential claims against Agent or Lenders pursuant to the Loan Agreement.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Borrower or any third party to Agent and Lenders Lender, as evidenced by the Credit Loan Documents. Borrowers Borrower and Guarantor hereby acknowledge, agree, and represent that (ai) as Borrower is indebted to Lenders pursuant to the terms of the date Credit Notes; (ii) the liens, security interests and assignments created and evidenced by the Loan Documents are, respectively, first, prior, valid and subsisting liens, security interests and assignments against the Collateral and secure all indebtedness and obligations of this AmendmentBorrower to Lenders under the Credit Notes, the Credit Agreement, all other Loan Documents, as modified herein; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Loan Documents, and the other obligations created or evidenced by the Credit Loan Documents; (biv) as of the date of this Amendment, no neither Borrower nor Guarantor has any claims, offsets, defenses or counterclaims arising from the Agent's or any of Agent’s or any existing or prior Lender’s the Lenders' acts or omissions with respect to the Credit Documents Loan Documents, or the Agent’s 's or any existing or prior Lender’s Lenders' performance under the Credit Loan Documents; (v) the representations and warranties contained in the Loan Documents are true and correct representations and warranties of Borrower and Guarantor, as of the date hereof; (cvi) Borrowers promise Borrower promises to pay to the order of Agent and Lenders the indebtedness evidenced by the Credit Notes according to the terms thereof; and (vii) Borrower is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by Borrower of Borrower's obligations under the terms and provisions of the Loan Documents. In consideration of the modification of certain provisions of the Credit Loan Documents, all as herein provided, and the other benefits received by Borrowers Borrower and Guarantor hereunder, Borrowers Borrower and Guarantor hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and Lenders, and each of their respective predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Lender Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has or Guarantor have, or may have against Lender Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Credit Agreement, the Original Replacement Notes, the Credit Notes, the Original Swingline Note, the Swingline Note, the Guaranty, and the other Credit Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Lender Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims, any violation of the Texas Free Enterprise Antitrust Act or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Company, or any third party to Agent and Lenders Lender as evidenced by the Credit Existing Loan Documents. Borrowers hereby acknowledgeCompany acknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Existing Loan Documents, and the other obligations created or evidenced by the Credit Existing Loan Documents; (b) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents Existing Loan Documents, or Agent’s or any existing or prior Lender’s performance under the Credit Existing Loan Documents; and (c) Borrowers promise Company promises to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers hereby RELEASECompany RELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Lender, and their its predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, and the other Credit Existing Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Existing Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers any Borrower or any third party to Agent and Lenders as evidenced by the Credit Documents. Borrowers Each Borrower hereby acknowledgeacknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or the other obligations created or evidenced by the Credit Documents; (b) as of the date of this Amendment, no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents or Agent’s or any existing or prior Lender’s performance under the Credit Documents; and (c) Borrowers promise each Borrower promises to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of certain provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers hereunder, Borrowers each Borrower hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE DISCHARGES Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, which a Borrower Borrowers, or any of them, has or may have against Released Parties arising out of or with respect to any and all transactions relating to the Loan Agreement, the Notes, Notes and the other Credit Documents occurring prior to the date hereof.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of the Borrowers or any third party to Agent and Lenders Lender, as evidenced by the Credit Loan Documents. The Borrowers hereby acknowledge, agree, and represent that (ai) as the Borrowers are indebted to Lender pursuant to the terms of the date Credit Note; (ii) the liens, security interests and assignments created and evidenced by the Loan Documents are, respectively, first, prior, valid and subsisting liens, security interests and assignments against the Collateral and secure all indebtedness and obligations of this Amendmentthe Borrowers to Lender under the Credit Note, the Credit Agreement, all other Loan Documents, as modified herein; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Loan Documents, and the other obligations created or evidenced by the Credit Loan Documents; (biv) as of the date of this Amendment, Borrowers have no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior the Lender’s 's acts or omissions with respect to the Credit Documents Loan Documents, or Agent’s or any existing or prior the Lender’s 's performance under the Credit Loan Documents; (v) the representations and warranties contained in the Loan Documents are true and correct representations and warranties of the Borrowers, as of the date hereof; (cvi) the Borrowers promise to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Credit Note according to the terms thereof. In consideration ; and (vii) the Borrowers are not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by the any of the modification Borrowers of certain such Borrower's obligations under the terms and provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers hereunder, Borrowers hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, which a Borrower has or may have against Released Parties arising out of or with respect to any and all transactions relating to the Loan Agreement, the Notes, and the other Credit Documents occurring prior to the date hereof.Loan

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations Obligations of Borrowers or any third party to Agent and Lenders Company as evidenced by the Credit Loan Documents. Borrowers Company hereby acknowledgeacknowledges, agreeagrees, and represent represents that (ai) Company is indebted to Lenders pursuant to the terms of the Notes; (ii) the liens, security interests and assignments created and evidenced by the Loan Documents are, respectively, first, prior, valid and subsisting liens, security interests and assignments against the Collateral and secure all indebtedness and obligations of Company to Lenders under the Notes, the Warehouse Agreement, all other Loan Documents, as modified herein; (iii) all of the representations and warranties contained in the Warehouse Agreement and all instruments and documents executed pursuant thereto or contemplated thereby are true and correct in all material respects on and as of the date of this Amendment, date; (iv) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Loan Documents, and the other obligations created or evidenced by the Credit Loan Documents; (bv) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of the Agent’s or any existing or prior Lender’s Lenders’ acts or omissions with respect to the Credit Documents Loan Documents, or the Agent’s or any existing or prior Lender’s Lenders’ performance under the Credit Loan Documents; (vi) the representations and warranties contained in the Loan Documents are trueand correct representations and warranties of Company, as of the date hereof; and (cvii) Borrowers promise to pay to Company is not in default and no event has occurred which, with the order passage of Agent and Lenders the indebtedness evidenced time, giving of notice, or both, would constitute a default by the Notes according to Company of Company’s obligations under the terms thereofand provisions of the Loan Documents. In consideration of the modification of certain provisions of the Credit Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers Company hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Agent, and each Lender, their respective predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Lender Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Lender Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Warehouse Agreement, the Notes, and the other Credit Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Lender Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governance or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims, any violation of the Texas Free Enterprise Antitrust Act or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Borrower, any Guarantor or any third party to Agent and Lenders as evidenced by the Credit Documents. Borrowers Borrower and each Guarantor hereby acknowledge, agree, and represent that (a) as of the date of this Amendment, there are no known claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or the other obligations created or evidenced by the Credit Documents; (b) as of the date of this Amendment, no neither Borrower nor any Guarantor has any known claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents or Agent’s or any existing or prior Lender’s performance under the Credit Documents; and (c) Borrowers promise as of the date of this Amendment, Borrower has reviewed and reconciled all Advances, calculations of interest due and principal owing, and agrees with and has no claims regarding any such matters and (d) Borrower promises to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers Borrower hereunder, Borrowers Borrower and each Guarantor hereby RELEASE, 116549.01097/127332284v.2 RELINQUISH and forever DISCHARGE Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present known claims, demands, actions and causes of action of any and every kind or character, whether known which Borrower or unknownGuarantors, which a Borrower or any of them, has or may have against Released Parties arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, the Guaranties, and the other Credit Documents occurring prior to the date hereof. Further, Borrower and Guarantors warrant and represent that they are not now aware of any claims or potential claims against Agent or Lenders pursuant to the Loan Agreement.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers or any third party to Agent and Lenders as evidenced by the Credit Documents. Borrowers hereby acknowledge, agree, and represent that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or the other obligations created or evidenced by the Credit Documents; (b) as of the date of this Amendment, no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s acts or omissions with respect to the Credit Documents or Agent’s or any existing or prior Lender’s performance under the Credit Documents; and (c) Borrowers promise to pay to the order of Agent and Lenders the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of certain provisions of the Credit Documents, all as herein provided, and the other benefits received by Borrowers hereunder, Borrowers hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and Lenders, and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, which a Borrower has or may have against Released Parties arising out of or with respect to any and all transactions 116549.01130/101994117v.1 relating to the Loan Agreement, the Notes, and the other Credit Documents occurring prior to the date hereof.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations Obligations of Borrowers or any third party to Agent and Lenders Company as evidenced by the Credit Loan Documents. Borrowers Company hereby acknowledgeacknowledges, agreeagrees, and represent represents that (ai) Company is indebted to Lenders pursuant to the terms of the Notes; (ii) the liens, security interests and assignments created and evidenced by the Loan Documents are, respectively, first, prior, valid and subsisting liens, security interests and assignments against the Collateral and secure all indebtedness and obligations of Company to Lenders under the Notes, the Warehouse Agreement, all other Loan Documents, as modified herein; (iii) all of the representations and warranties contained in the Warehouse Agreement and all instruments and documents executed pursuant thereto or contemplated thereby are true and correct in all material respects on and as of the date of this Amendment, date; (iv) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Loan Documents, and the other obligations created or evidenced by the Credit Loan Documents; (bv) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of the Agent’s or any existing or prior Lender’s Lenders’ acts or omissions with respect to the Credit Documents Loan Documents, or the Agent’s or any existing or prior Lender’s Lenders’ performance under the Credit Loan Documents; (vi) the representations and warranties contained in the Loan Documents are true and correct representations and warranties of Company, as of the date hereof; and (cvii) Borrowers promise to pay to Company is not in default and no event has occurred which, with the order passage of Agent and Lenders the indebtedness evidenced time, giving of notice, or both, would constitute a default by the Notes according to Company of Company’s obligations under the terms thereofand provisions of the Loan Documents. In consideration of the modification of certain provisions of the Credit Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers Company hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Agent, and each Lender, their respective predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “Lender Released Parties”), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Lender Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Warehouse Agreement, the Notes, and the other Credit Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Lender Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governance or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims, any violation of the Texas Free Enterprise Antitrust Act or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Company, or any third party to Agent and Lenders and/or Banks as evidenced by the Credit Existing Loan Documents. Borrowers Company and hereby acknowledge, agree, and represent that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Existing Loan Documents, and the other obligations created or evidenced by the Credit Existing Loan Documents; (b) as of the date of this Amendment, no Borrower neither Company nor has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s 's acts or omissions with respect to the Credit Documents Existing Loan Documents, or Agent’s 's or any existing or prior Lender’s Banks's performance under the Credit Existing Loan Documents; and (c) Borrowers promise Company promises to pay to the order of Agent and Lenders Banks the indebtedness evidenced by the Notes according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers Company and each hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and LendersAgent, Banks and their predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company or have, or may have against Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Agreement, the Notes, the Guaranty, and the other Credit Existing Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Released Parties and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Existing Loan Documents (i.e., usury), any violations of federal or state law, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Company, or any third party to Agent and Lenders Lender as evidenced by the Credit Existing Loan Documents. Borrowers Company hereby acknowledgeacknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Existing Loan Documents, and the other obligations created or evidenced by the Credit Existing Loan Documents; (b) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s 's acts or omissions with respect to the Credit Documents Existing Loan Documents, or Agent’s or any existing or prior Lender’s 's performance under the Credit Existing Loan Documents; and (c) Borrowers promise Company promises to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers Company hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Lender, and their its predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, and the other Credit Existing Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Existing Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations Obligations of Borrowers or any third party to Agent and Lenders Company as evidenced by the Credit Loan Documents. Borrowers Company hereby acknowledgeacknowledges, agreeagrees, and represent represents that (ai) Company is indebted to Lenders pursuant to the terms of the Notes; (ii) the liens, security interests and assignments created and evidenced by the Loan Documents are, respectively, first, prior, valid and subsisting liens, security interests and assignments against the Collateral and secure all indebtedness and obligations of Company to Lenders under the Notes, the Credit Agreement, all other Loan Documents, as modified herein; (iii) all of the representations and warranties contained in the Credit Agreement and all instruments and documents executed pursuant thereto or contemplated thereby are true and correct in all material respects on and as of the date of this Amendment, date; (iv) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Loan Documents, and the other obligations created or evidenced by the Credit Loan Documents; (bv) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of the Agent’s 's or any existing or prior Lender’s Lenders' acts or omissions with respect to the Credit Documents Loan Documents, or the Agent’s 's or any existing or prior Lender’s Lenders' performance under the Credit Loan Documents; (vi) the representations and warranties contained in the Loan Documents are true and correct representations and warranties of Company, as of the date hereof; and (cvii) Borrowers promise to pay to Company is not in default and no event has occurred which, with the order passage of Agent and Lenders the indebtedness evidenced time, giving of notice, or both, would constitute a default by the Notes according to Company of Company's obligations under the terms thereofand provisions of the Loan Documents. In consideration of the modification of certain provisions of the Credit Loan Documents, all as herein provided, and the other benefits received by Borrowers Company hereunder, Borrowers Company hereby RELEASERELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Agent, and each Lender, their respective predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Lender Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present of future, which a Borrower has Company has, or may have against Lender Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Credit Agreement, the Notes, and the other Credit Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Lender Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governance or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims, any violation of the Texas Free Enterprise Antitrust Act or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers the Company, Guarantor, or any third party to Agent and Lenders Lender, as evidenced by the Credit Loan Documents. Borrowers The Company and Guarantor hereby acknowledge, agree, and represent that (ai) as the Company is indebted to Lender pursuant to the terms of the date Credit Note; (ii) the liens, security interests and assignments created and evidenced by the Loan Documents are, respectively, first, prior, valid and subsisting liens, security interests and assignments against the Collateral and secure all indebtedness and obligations of this Amendmentthe Company to Lender under the Credit Note, the Credit Agreement, and all other Loan Documents, as modified herein; (iii) there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Loan Documents, and the other obligations created or evidenced by the Credit Loan Documents; (biv) as of neither the date of this Amendment, no Borrower Company nor the Guarantor has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior the Lender’s 's acts or omissions with respect to the Credit Documents Loan Documents, or Agent’s or any existing or prior the Lender’s 's performance under the Credit Loan Documents; (v) the representations and warranties contained in the Loan Documents are true and correct representations and warranties of the Company, as of the date hereof; (cvi) Borrowers promise the Company promises to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Credit Note according to the terms thereof; and (vii) the Company is not in default and no event has occurred which, with the passage of time, giving of notice, or both, would constitute a default by the Company of the Company's obligations under the terms and provisions of the Loan Documents. In consideration of the modification of certain provisions of the Credit Loan Documents, all as herein provided, and the other benefits received by Borrowers the Company hereunder, Borrowers the Company and Guarantor hereby RELEASE, RELINQUISH and forever DISCHARGE Agent and LendersLender, and their its predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Lender Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has the Company has, or may have against Lender Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Credit Agreement, the NotesCredit Note, the Original Note, the Guaranty, and the other Credit Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Lender Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty, breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims, any violation of the Texas Free Enterprise Antitrust Act or any violation of federal antitrust acts.

Representations and Release of Claims. Except as otherwise specified herein, the terms and provisions hereof shall in no manner impair, limit, restrict or otherwise affect the obligations of Borrowers Company, or any third party to Agent and Lenders Lender as evidenced by the Credit Existing Loan Documents. Borrowers hereby acknowledgeCompany acknowledges, agreeagrees, and represent represents that (a) as of the date of this Amendment, there are no claims or offsets against, or defenses or counterclaims to, the terms or provisions of the Credit Documents or Existing Loan Documents, and the other obligations created or evidenced by the Credit Existing Loan Documents; (b) as of the date of this Amendment, Company has no Borrower has any claims, offsets, defenses or counterclaims arising from any of Agent’s or any existing or prior Lender’s 's acts or omissions with respect to the Credit Documents Existing Loan Documents, or Agent’s or any existing or prior Lender’s 's performance under the Credit Existing Loan Documents; and (c) Borrowers promise Company promises to pay to the order of Agent and Lenders Lender the indebtedness evidenced by the Notes Note according to the terms thereof. In consideration of the modification of certain provisions of the Credit Existing Loan Documents, all as herein provided, and the other benefits received by Borrowers company hereunder, Borrowers hereby RELEASECompany RELEASES, RELINQUISH RELINQUISHES and forever DISCHARGE Agent and LendersDISCHARGES Lender, and their its predecessors, successors, assigns, shareholders, principals, parents, subsidiaries, agents, officers, directors, employees, attorneys and representatives (collectively, the “"Released Parties”"), of and from any and all present claims, demands, actions and causes of action of any and every kind or character, whether known or unknown, present or future, which a Borrower has Company has, or may have against Released Parties Parties, arising out of or with respect to any and all transactions relating to the Loan Agreement, the NotesNote, and the other Credit Existing Loan Documents occurring prior to the date hereof, including any other loss, expense and/or detriment, of any kind or character, growing out of or in any way connected with or in any way resulting from the acts, actions or omissions of the Released Parties, and including any loss, cost or damage in connection with any breach of fiduciary duty breach of any duty of fair dealing, breach of competence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, violations of the Racketeer Influence and Corrupt Organizations Act, intentional or negligent infliction of emotional or mental distress, tortious interference with corporate governments or prospective business advantage, tortious interference with contractual relations, breach of contract, deceptive trade practices, libel, slander, conspiracy, the charging, contracting for, taking, reserving, collecting or receiving of interest in excess of the highest lawful rate applicable to the Existing Loan Documents (i.e., usury), any violations of federal or state law, any violations of federal or state banking rules, laws or regulations, including, but not limited to, any violations of Regulation B, Equal Credit Opportunity, bank tying act claims or any violation of federal antitrust acts.