Common use of ACKNOWLEDGEMENT AND CONSENT Clause in Contracts

ACKNOWLEDGEMENT AND CONSENT. Company is a party to a Collateral Account Agreement and a certain Company Security Agreement, Company Pledge Agreement, Company Trademark Security Agreement and Mortgages pursuant to which Company has created Liens in favor of Administrative Agent on certain Collateral to secure the Obligations. Each Subsidiary Guarantor is a party to a Subsidiary Guaranty and certain Subsidiary Security Agreements, Subsidiary Pledge Agreements, Subsidiary Trademark Security Agreements and Mortgages pursuant to which such Subsidiary Guarantors have (i) guarantied the Obligations and (ii) created Liens in favor of Administrative Agent on certain Collateral to secure the obligations of such Subsidiary Guarantors under the Subsidiary Guaranty. Company and Subsidiary Guarantors are collectively referred to herein as the "Credit Support Parties", and the Subsidiary Guaranty and all such Collateral Documents referred to above are collectively referred to herein as the "Credit Support Documents".

ACKNOWLEDGEMENT AND CONSENT. Company is a party to a certain Collateral Account Agreement and a certain Company Security AgreementDocuments, Company Pledge Agreementin each case as amended through the Amendment Effective Date, Company Trademark Security Agreement and Mortgages pursuant to which Company has created Liens in favor of Administrative Agent on certain Collateral to secure the Obligations. Each Subsidiary Guarantor of the other Loan Parties party hereto is a party to a certain Collateral Documents, the Subsidiary Guaranty and certain Subsidiary Security Agreementsor the Holdings Guaranty, Subsidiary Pledge Agreementsin each case as amended through the Amendment Effective Date, Subsidiary Trademark Security Agreements and Mortgages pursuant to which each such Subsidiary Guarantors have Loan Party has (i) guarantied the Obligations and (ii) created Liens in favor of Administrative Agent on certain Collateral to secure the obligations of such Subsidiary Guarantors Loan Party under the Subsidiary Guaranty or the Holdings Guaranty, as the case may be. Company and Subsidiary Guarantors The Loan Parties party hereto are collectively referred to herein as the "Credit Support PartiesCREDIT SUPPORT PARTIES", and the Collateral Documents, the Subsidiary Guaranty and all such Collateral Documents referred to above the Holdings Guaranty are collectively referred to herein as the "Credit Support DocumentsCREDIT SUPPORT DOCUMENTS".

ACKNOWLEDGEMENT AND CONSENT. Company is a party to certain Guaranties and each Borrower is a party to certain Collateral Account Agreement and a certain Company Agreements, Security AgreementAgreements, Company Pledge AgreementAgreements, Company Trademark Security Agreement Agreements, Patent Security Agreements and Mortgages pursuant to which Company such Borrower has created Liens in favor of Administrative Agent on certain Collateral to secure the Obligations. Each Subsidiary Guarantor Holdings is a party to a Subsidiary Guaranty and certain Subsidiary Security Agreements, Subsidiary Pledge Agreements, Subsidiary Trademark Security Agreements and Mortgages Pledge Agreements pursuant to which such Subsidiary Guarantors have Holdings has (i) guarantied the Obligations and (ii) created Liens in favor of Administrative Agent on certain Collateral to secure the its obligations of such Subsidiary Guarantors under the Subsidiary Guaranty. Company Xxxx Realty, L.L.C., a Delaware limited liability company ("XXXX REALTY") is a party to a Subsidiary Guaranty pursuant to which Xxxx Realty has guarantied the Obligations. Each Borrower, Holdings and Subsidiary Guarantors Xxxx Realty are collectively referred to herein as the "Credit Support PartiesCREDIT SUPPORT PARTIES", and the Subsidiary Guaranty and all such Guaranties and Collateral Documents referred to above are collectively referred to herein as the "Credit Support DocumentsCREDIT SUPPORT DOCUMENTS".

ACKNOWLEDGEMENT AND CONSENT. Company is a party to a certain Collateral Account Agreement and a certain Company Security AgreementDocuments, Company Pledge Agreementin each case as amended through the Third Amendment Effective Date, Company Trademark Security Agreement and Mortgages pursuant to which Company has created Liens in favor of Administrative Agent on certain Collateral to secure the Obligations. Each Subsidiary Guarantor of the other Loan Parties party hereto is a party to a certain Collateral Documents, the Subsidiary Guaranty and certain Subsidiary Security Agreementsor the Holdings Guaranty, Subsidiary Pledge Agreementsin each case as amended through the Third Amendment Effective Date, Subsidiary Trademark Security Agreements and Mortgages pursuant to which each such Subsidiary Guarantors have Loan Party has (i) guarantied the Obligations and (ii) created Liens in favor of Administrative Agent on certain Collateral to secure the obligations of such Subsidiary Guarantors Loan Party under the Subsidiary Guaranty or the Holdings Guaranty, as the case may be. Company and Subsidiary Guarantors The Loan Parties party hereto are collectively referred to herein as the "Credit Support PartiesCREDIT SUPPORT PARTIES", and the Collateral Documents, the Subsidiary Guaranty and all such Collateral Documents referred to above the Holdings Guaranty are collectively referred to herein as the "Credit Support DocumentsCREDIT SUPPORT DOCUMENTS".

ACKNOWLEDGEMENT AND CONSENT. Company is a party to a certain Collateral Account Agreement and a certain Company Security AgreementDocuments, Company Pledge Agreementin each case as amended through the Amendment Effective Date, Company Trademark Security Agreement and Mortgages pursuant to which Company has created Liens in favor of Administrative Agent on certain Collateral to secure the Obligations. Each Subsidiary Guarantor of the other Loan Parties party hereto is a party to a certain Collateral Documents, the Subsidiary Guaranty and certain Subsidiary Security Agreementsor the Holdings Guaranty, Subsidiary Pledge Agreementsin each case as amended through the Amendment Effective Date, Subsidiary Trademark Security Agreements and Mortgages pursuant to which each such Subsidiary Guarantors have Loan Party has (i) guarantied the Obligations and (ii) created Liens in favor of Administrative Agent on certain Collateral to secure the obligations of such Subsidiary Guarantors Loan Party under the Subsidiary Guaranty or the Holdings Guaranty, as the case may be. Company and Subsidiary Guarantors The Loan Parties party hereto are collectively referred to herein as the "Credit Support Parties", and the Collateral Documents, the Subsidiary Guaranty and all such Collateral Documents referred to above the Holdings Guaranty are collectively referred to herein as the "Credit Support Documents".

ACKNOWLEDGEMENT AND CONSENT. Company is a party to a the certain Collateral Account Agreement and a certain Company Security AgreementDocuments, Company Pledge Agreement, Company Trademark Security Agreement and Mortgages pursuant to which Company has created Liens in favor of Administrative Agent on certain Collateral to secure the Obligations. Each The Subsidiary Guarantor is a party Guarantors are parties to a the Subsidiary Guaranty and certain Subsidiary Security AgreementsCollateral Documents specified in the Credit Agreement, Subsidiary Pledge Agreementsin each case as amended through the Amendment Effective Date, Subsidiary Trademark Security Agreements and Mortgages pursuant to which such each Subsidiary Guarantors have Guarantor has (i) guarantied the Obligations pursuant to the Subsidiary Guaranty and (ii) created Liens granted a security interest in favor of and pledged certain Collateral to Administrative Agent on certain Collateral to secure the obligations of such Subsidiary Guarantors under the such Subsidiary GuarantyGuaranty pursuant to such Collateral Documents. Company and the Subsidiary Guarantors are collectively referred to herein as the "Credit Support Parties", CREDIT SUPPORT PARTIES" and the Subsidiary Guaranty Guaranties and all such Collateral Documents referred to above are collectively referred to herein as the "CREDIT SUPPORT DOCUMENTS". Each Credit Support Documents".Party hereby acknowledges that it has reviewed the terms and provisions of the Credit Agreement and the other Loan Documents and this Amendment and