Waiver to Credit Agreement Sample Contracts

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WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • May 15th, 2020 • Carbo Ceramics Inc • Abrasive, asbestos & misc nonmetallic mineral prods

THIS WAIVER TO CREDIT AGREEMENT, dated as of February 27, 2020 (this “Agreement”), is made by and among CARBO Ceramics Inc., a Delaware corporation (the “Borrower”), the Lenders (such capitalized term and all other capitalized terms not otherwise defined herein having the meanings ascribed to them in the Credit Agreement referred to below) party hereto and Wilks Brothers, LLC, as administrative agent (in such capacity, the “Administrative Agent”).

EX-10.26 21 a2231927zex-10_26.htm EX-10.26 EXECUTION VERSION WAIVER TO SECOND LIEN CREDIT AGREEMENT
Waiver to Credit Agreement • May 5th, 2020

WAIVER TO CREDIT AGREEMENT (this “Waiver”), dated as of April 6, 2017 to that certain Credit Agreement, dated as of August 20, 2015 (as amended as of June 1, 2016 and October 5, 2016 and as further amended, supplemented, waived or otherwise modified, the “Credit Agreement”), among LBM Midco, LLC, a Delaware limited liability company (“Holding”), LBM Borrower, LLC, a Delaware limited liability company (the “Borrower”), the Lenders party hereto (the “Consenting Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • April 9th, 2024 • Tilray Brands, Inc. • Medicinal chemicals & botanical products • New York

THIS WAIVER TO CREDIT AGREEMENT dated as of January 5, 2024 (this “Waiver”) is by and among FOUR TWENTY CORPORATION, a Delaware corporation (the “Borrower”), the Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., in its capacity as Administrative Agent (in such capacity, the “Administrative Agent”), Swingline Lender and L/C Issuer.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • April 5th, 2006 • Intelsat LTD • Communications services, nec

WAIVER TO CREDIT AGREEMENT (this “Waiver”), dated as of March 30, 2006 among INTELSAT, LTD., a Bermuda company (“Intelsat”), INTELSAT SUBSIDIARY HOLDING COMPANY, LTD., a Bermuda company (the “Borrower”), the lenders party to the Credit Agreement referred to below (the “Lenders”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement are used herein as therein defined.

WAIVER NO. 3 TO CREDIT AGREEMENT
Waiver to Credit Agreement • November 7th, 2008 • Energy Coal Resources, Inc. • New York

THIS WAIVER NO. 3 TO CREDIT AGREEMENT, dated as of May 18, 2007 (this “Waiver Agreement”), is made by and among Bowie Resources, LLC, a Delaware limited liability company (“Bowie”); Colorado Holding Company, Inc., a Delaware corporation (“CHC”); Bowie Resources Management Partner, LLC, a Nevada limited liability company (“BRMP”); and General Electric Capital Corporation, as agent for the lenders party to the Credit Agreement described below (the “Agent”) and as a Lender under the Credit Agreement. Capitalized terms used in this Waiver Agreement and not otherwise defined have the meanings set forth in the Credit Agreement, as modified hereby.

WAIVER TO FIRST LIEN CREDIT AGREEMENT
Waiver to Credit Agreement • May 10th, 2017 • Us LBM Holdings, Inc.

WAIVER TO CREDIT AGREEMENT (this “Waiver”), dated as of April 6, 2017 to that certain Credit Agreement, dated as of August 20, 2015 (as amended as of November 30, 2015, October 5, 2016 and January 31, 2017 and as further amended, supplemented, waived or otherwise modified, the “Credit Agreement”), among LBM Midco, LLC, a Delaware limited liability company (“Holding”), LBM Borrower, LLC, a Delaware limited liability company (the “Borrower”), the Lenders party hereto (the “Consenting Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent”).

WAIVER NO. 1 TO THE CREDIT AGREEMENT
Waiver to Credit Agreement • August 5th, 2011 • LUBRIZOL Corp • Industrial organic chemicals • New York

WAIVER NO. 1 TO THE CREDIT AGREEMENT among The Lubrizol Corporation (the “Borrower”), the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the “Lenders”) and Citibank, N.A., as administrative agent (the “Agent”) for the Lenders.

WAIVER NO. 8 TO CREDIT AGREEMENT
Waiver to Credit Agreement • July 11th, 2023 • Global Clean Energy Holdings, Inc. • Industrial organic chemicals

This WAIVER NO. 8 TO CREDIT AGREEMENT, dated as of July 5, 2023 (this “Waiver”), is entered into by and among BKRF OCB, LLC, a Delaware limited liability company (the “Borrower”), BKRF OCP, LLC, a Delaware limited liability company (“Holdings”), Bakersfield Renewable Fuels, LLC, a Delaware limited liability company (the “Project Company”), Orion Energy Partners TP Agent, LLC, in its capacity as the administrative agent (in such capacity, the “Administrative Agent”), and the Tranche A Lenders, Tranche B Lenders, Tranche C Lenders and Tranche D Lenders party hereto , constituting 100% of the Tranche A Lenders, Tranche B Lenders, Tranche C Lenders and Tranche D Lenders party to the Credit Agreement (as defined below) (the “Signatory Lenders”). As used in this Waiver, capitalized terms which are not defined herein shall have the meanings ascribed to such terms in the Credit Agreement (including, as applicable, in the Thirteenth Amendment (as defined below)) unless otherwise specified.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • July 24th, 2006 • Aerocentury Corp • Services-equipment rental & leasing, nec

This Waiver, dated as of July __, 2006 (this “Waiver”), to the Amended and Restated Credit Agreement dated June 28, 2000 (as the same may amended to date, the “Agreement”), by and between AeroCentury Corp., a Delaware corporation (“AeroCentury”), the banking institutions signatories thereto (collectively the “Banks”) and National City Bank, a national banking association, for itself and as Agent for the Banks under the Agreement (“National City”). All capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to them in the Agreement.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • July 21st, 2021 • Superior Energy Services Inc • Oil & gas field services, nec • New York

THIS WAIVER TO CREDIT AGREEMENT (this “Waiver”) is entered into as of July 15, 2021 by SESI, L.L.C., a limited liability company duly formed and existing under the laws of the State of Delaware (the “Borrower”), SESI Holdings, Inc., a corporation duly formed and existing under the laws of the State of Delaware (the “Parent”), each of the undersigned Guarantors (together with the Borrower and Parent, the “Loan Parties”), each of the undersigned Lenders, each Issuing Lender and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • September 16th, 2003 • Footstar Inc • Retail-shoe stores • New York

This WAIVER, dated as of November 12, 2002 (this “Waiver”), is by and among Footstar, Inc. (the “Lead Borrower”) and Footstar Corporation (collectively, with the Lead Borrower, the “Borrowers”), the financial institutions named as parties hereto as lenders (the “Lenders”), Fleet National Bank, as swingline lender and as administrative agent (in such capacity, the “Administrative Agent”), Fleet Retail Finance Inc., as collateral agent (in such capacity, the “Collateral Agent”), Congress Financial Corporation and Wells Fargo Retail Finance, LLC, as syndication agents (in such capacity, the “Syndication Agents”) and JPMorgan Chase Bank, as documentation agent (in such capacity, the “Documentation Agent”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • November 30th, 2010 • Transatlantic Petroleum Ltd. • Oil & gas field exploration services • New York

This WAIVER TO CREDIT AGREEMENT (this “Waiver”) is entered into as of November 22, 2010, by and among (1) DMLP, LTD., a Bahamas international business company (“DMLP”), (2) TRANSATLANTIC EXPLORATION MEDITERRANEAN INTERNATIONAL PTY. LTD. (ABN 35 121 104 167), an Australian proprietary company (“TEMI”), (3) TALON EXPLORATION, LTD., a corporation duly organized and validly existing under the laws of Bahamas (“Talon”), (4) TRANSATLANTIC TURKEY, LTD., a corporation duly organized and validly existing under the laws of Bahamas (“TAT”, and together with DMLP, TEMI and Talon, each a “Borrower” and, collectively, the “Borrowers”), (5) the Guarantors (as defined in the Credit Agreement defined herein), (6) the Lenders (as defined in the Credit Agreement defined herein) and (7) STANDARD BANK PLC, as the administrative agent (in such capacity, the “Administrative Agent”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • June 28th, 2016 • Dynegy Inc. • Electric services • New York

This WAIVER TO CREDIT AGREEMENT (this “Waiver”) is entered into as of June 27, 2016, among Dynegy Inc., a Delaware corporation (the “Borrower”) and the Lenders party hereto. Unless otherwise indicated, all capitalized terms used herein and not otherwise defined shall have the respective meanings provided such terms in the Credit Agreement referred to below.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • March 17th, 2020 • Baxter International Inc • Surgical & medical instruments & apparatus • New York

This WAIVER (this “Waiver”), dated as of October 31, 2019 among Baxter Healthcare SA, a corporation duly organized and existing under the laws of Switzerland (“Baxter Healthcare SA”), Baxter World Trade SPRL, a corporation duly organized and existing under the laws of Belgium (“Baxter World Trade SPRL”) (Baxter Healthcare SA and Baxter World Trade SPRL are each individually a “Borrower” and collectively, the “Borrowers”), J.P. Morgan Europe Limited, as administrative agent under the hereinafter defined Credit Agreement (the “Administrative Agent”), the other financial institutions signatory hereto and, solely for purposes of Section 8 hereof, Baxter International Inc., a Delaware corporation (the “Guarantor”).

WAIVER NO. 9 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENT
Waiver to Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York

WAIVER NO. 9 dated as of February 12, 2004 (this “Waiver No. 9”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.

EX-99.1 2 dex991.htm WAIVER TO CREDIT AGREEMENT WAIVER to CREDIT AGREEMENT
Waiver to Credit Agreement • May 5th, 2020 • Texas

This WAIVER TO CREDIT AGREEMENT (this “Waiver”) is effective as of November 12, 2004, by and among SOURCECORP, INCORPORATED, formerly known as F.Y.I. Incorporated, a Delaware corporation (“Borrower”), Bank of America, N.A., as a Lender and as Administrative Agent for Lenders (in such capacity, “Administrative Agent”) and the other Agents and Lenders party hereto.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • November 9th, 2015 • Unilife Corp • Surgical & medical instruments & apparatus • New York

This WAIVER TO CREDIT AGREEMENT (this “Waiver”) is made and entered into as of November 6, 2015 by and among UNILIFE MEDICAL SOLUTIONS, INC., a Delaware corporation (the “Borrower”), the other Creditor Obligors party hereto and ROS ACQUISITION OFFSHORE LP, a Cayman Islands exempted limited partnership (the “Lender”).

WAIVER NO. 7 TO CREDIT AGREEMENT
Waiver to Credit Agreement • February 3rd, 2023 • Global Clean Energy Holdings, Inc. • Industrial organic chemicals

This WAIVER NO. 7 TO CREDIT AGREEMENT, dated as of January 30, 2023 (this “Waiver”), is entered into by and among BKRF OCB, LLC, a Delaware limited liability company (the “Borrower”), BKRF OCP, LLC, a Delaware limited liability company (“Holdings”), Bakersfield Renewable Fuels, LLC, a Delaware limited liability company (the “Project Company”), Orion Energy Partners TP Agent, LLC, in its capacity as the administrative agent (in such capacity, the “Administrative Agent”), and the Tranche A Lenders, Tranche B Lenders, and Tranche C Lenders party hereto, constituting 100% of the Tranche A Lenders, Tranche B Lenders, and Tranche C Lenders party to the Credit Agreement (as defined below) (the “Signatory Lenders”). As used in this Waiver, capitalized terms which are not defined herein shall have the meanings ascribed to such terms in the Credit Agreement (including, as applicable, in the Tenth Amendment (as defined below)) unless otherwise specified.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • October 29th, 2020 • Etsy Inc • Services-business services, nec

WAIVER TO CREDIT AGREEMENT, dated as of August 18, 2020 (this “Waiver”), by and among ETSY, INC., a Delaware corporation (the “Borrower”), the Lenders party hereto, and CITIBANK, N.A., as the administrative agent (the “Administrative Agent”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • April 17th, 2009 • Huntsman CORP • Chemicals & allied products • New York

This WAIVER to CREDIT AGREEMENT, dated as of April 16, 2009 (this “Waiver”), is entered into among HUNTSMAN INTERNATIONAL LLC, a Delaware limited liability company (the “Borrower”), and the Revolving Lenders party hereto.

WAIVER NO. 1 TO CREDIT AGREEMENT
Waiver to Credit Agreement • August 19th, 2021 • Tapestry, Inc. • Leather & leather products

This WAIVER NO. 1 TO CREDIT AGREEMENT, dated as of August 11, 2021 (this “Waiver”), is entered into among TAPESTRY, INC., a Maryland corporation (the “Company”), the Lenders signatory hereto, and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) under the Credit Agreement, dated as of October 24, 2019 (as amended by that certain Amendment No. 1 to Credit Agreement, dated as of May 19, 2020 and as further amended, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”), among the Company, the Foreign Subsidiary Borrowers party thereto, the Lenders thereto and the Administrative Agent.

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AMENDED AND RESTATED WAIVER TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT
Waiver to Credit Agreement • July 30th, 2020 • Valaris PLC • Drilling oil & gas wells

This AMENDED AND RESTATED WAIVER TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “A&R Waiver”), is dated as of June 30, 2020, by and among Valaris plc, an English public limited company (the “Parent”), Pride International LLC, a Delaware limited liability company and indirect wholly-owned Subsidiary of the Parent (“Pride” and together with the Parent, the “Borrowers”), the Guarantors, the Banks and Issuing Banks listed on the signature pages hereto (the “Required Banks”) (which in each case herein, constitute the “Majority Banks” under the Credit Agreement (as defined below)) and Citibank, N.A., as administrative agent (the “Administrative Agent”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • April 6th, 2011 • Transatlantic Petroleum Ltd. • Oil & gas field exploration services • New York

This WAIVER TO CREDIT AGREEMENT (this “Waiver”) is entered into as of March 31, 2011, by and among (1) DMLP, LTD., a Bahamas international business company (“DMLP”), (2) TRANSATLANTIC EXPLORATION MEDITERRANEAN INTERNATIONAL PTY. LTD. (ABN 35 121 104 167), an Australian proprietary company (“TEMI”), (3) TALON EXPLORATION, LTD., a corporation duly organized and validly existing under the laws of Bahamas (“Talon”), (4) TRANSATLANTIC TURKEY, LTD., a corporation duly organized and validly existing under the laws of Bahamas (“TAT”, and together with DMLP, TEMI and Talon, each a “Borrower” and, collectively, the “Borrowers”), (5) the Guarantors (as defined in the Credit Agreement defined herein), (6) the Lenders (as defined in the Credit Agreement defined herein) and (7) STANDARD BANK PLC, as the administrative agent (in such capacity, the “Administrative Agent”).

WAIVER NO. 2 TO CREDIT AGREEMENT
Waiver to Credit Agreement • March 23rd, 2007 • Aes Corp • Cogeneration services & small power producers • New York

WAIVER NO. 2 TO THE CREDIT AGREEMENT (this “Waiver”) among The AES Corporation, a Delaware corporation (the “Borrower”), the Banks listed on the signature pages hereto, and MERRILL LYNCH CAPITAL CORPORATION, as administrative agent (the “Administrative Agent”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • February 1st, 2011 • American Apparel, Inc • Blank checks • New York

WAIVER, dated as of January 31, 2011 (this “Waiver”), to the Credit Agreement dated as of March 13, 2009 (as modified by that certain Resignation, Waiver, Consent and Appointment Agreement dated as of March 31, 2009, the Waiver, dated as of September 30, 2009, the First Amendment, dated as of December 30, 2009, the Second Amendment dated as of March 31, 2010, the Third Amendment dated as of June 23, 2010, and the Fourth Amendment dated as of September 30, 2010, the “Credit Agreement”) among American Apparel, Inc., a corporation organized under the laws of the State of Delaware (the “Borrower”), the Facility Guarantors from time to time party thereto, Wilmington Trust FSB, in its capacity as Administrative Agent and in its capacity as Collateral Agent thereunder, and the Lenders from time to time party thereto.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • April 26th, 2005 • Rewards Network Inc • Services-business services, nec

THIS WAIVER TO CREDIT AGREEMENT (this “Waiver Agreement”) is made and entered into as of April 25, 2005, by and among REWARDS NETWORK INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States (“Bank of America”), in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement (as defined below)) (in such capacity, the “Agent”) and as the L/C Issuer, each of the Lenders signatory hereto, and each of the Guarantors (as defined in the Credit Agreement) signatory hereto.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • June 23rd, 2014 • Ixia • Instruments for meas & testing of electricity & elec signals • California

THIS WAIVER TO CREDIT AGREEMENT (this “Waiver”), effective as of April 30, 2014, is by and among IXIA, a California corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.

EX-10.2 3 a09-14073_1ex10d2.htm EX-10.2 EXECUTION COPY WAIVER NO. 3 TO THE CREDIT AGREEMENT Dated as of May 21, 2009
Waiver to Credit Agreement • May 5th, 2020 • New York

WAIVER NO. 3 TO THE CREDIT AGREEMENT (this “Waiver”) among Capmark Financial Group Inc., a Nevada corporation (the “Company”), certain subsidiaries of the Company (together with the Company, the “Borrowers” and each a “Borrower”), the financial institutions and other institutional lenders party hereto, and Citibank, N.A., as administrative agent (the “Agent”) for the Lenders.

WAIVER NO. 1 TO CREDIT AGREEMENT
Waiver to Credit Agreement • April 4th, 2006 • Aes Corp • Cogeneration services & small power producers • New York

WAIVER NO. 1 TO THE CREDIT AGREEMENT (this “Waiver”) among The AES Corporation, a Delaware corporation (the “Borrower”), the Banks listed on the signature pages hereto, MERRILL LYNCH BANK USA (a “Fronting Bank”), and MERRILL LYNCH CAPITAL CORPORATION, as administrative agent (the “Administrative Agent”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • June 4th, 2021 • Superior Energy Services Inc • Oil & gas field services, nec • New York

THIS WAIVER TO CREDIT AGREEMENT (this “Waiver”) is entered into as of May 28, 2021 by SESI, L.L.C., a limited liability company duly formed and existing under the laws of the State of Delaware (the “Borrower”), SESI Holdings, Inc., a corporation duly formed and existing under the laws of the State of Delaware (the “Parent”), each of the undersigned Guarantors (together with the Borrower and Parent, the “Loan Parties”), each of the undersigned Lenders, each Issuing Lender and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders.

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • November 15th, 2010 • American Medical Alert Corp • Services-miscellaneous business services

WAIVER, dated as of September 29, 2010 (this “Waiver”), with respect to the Credit Agreement, dated as of May 20, 2002 (as same has been and may be further amended, restated, supplemented or modified, from time to time, the “Credit Agreement”), by and between AMERICAN MEDICAL ALERT CORP., a New York corporation (the “Company”) and JPMORGAN CHASE BANK, N.A., successor in interest to The Bank of New York, a national banking association (the “Lender”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • May 6th, 2016 • Powersecure International, Inc. • Services-business services, nec • New York

THIS WAIVER TO CREDIT AGREEMENT (this “Waiver”), dated as of May 6, 2016, is entered into among POWERSECURE INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), the lenders signatory hereto (collectively, the “Lenders”), and CITIBANK, N.A., as Administrative Agent (the “Administrative Agent”).

WAIVER TO CREDIT AGREEMENT
Waiver to Credit Agreement • April 6th, 2011 • Transatlantic Petroleum Ltd. • Oil & gas field exploration services • New York

This WAIVER TO CREDIT AGREEMENT (this “Waiver”) is entered into as of March 31, 2011, by and among (1) TRANSATLANTIC WORLDWIDE, LTD., a company organized and existing under the laws of The Commonwealth of the Bahamas (the “Borrower”), (2) each of the Lenders signatory hereto (the “Amendment Lenders”) and (3) STANDARD BANK PLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

WAIVER NO. 1 TO CREDIT AGREEMENT
Waiver to Credit Agreement • March 4th, 2019 • CNX Resources Corp • Crude petroleum & natural gas • New York

This WAIVER No. 1, dated as of February 27, 2019 (this “Waiver”) is to that certain Second Amended and Restated Credit Agreement dated as of March 8, 2018 (the “Credit Agreement”) by and among CNX Resources Corporation, a Delaware corporation (the “Borrower”), the guarantors from time to time party thereto, the lenders from time to time party thereto, JPMorgan Chase Bank, N.A., as syndication agent, and PNC Bank, National Association, as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent. Capitalized terms used but not defined in this Waiver shall have the meanings given them in the Credit Agreement.

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