Common use of Acknowledgement and Reaffirmation Clause in Contracts

Acknowledgement and Reaffirmation. This Amendment shall amend the Existing Term Loan Credit Agreement, but is not intended to, and shall not, constitute a novation thereof or in any way impair or otherwise affect the rights or obligations of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights or obligations are amended or modified hereby. The Existing Term Loan Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the parties, and all documents, instruments and agreements delivered, as well as all Liens created, pursuant to or in connection with the Existing Term Loan Credit Agreement (as amended) shall remain in full force and effect, each in accordance with its terms (as amended). Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms as of the date hereof the covenants and agreements contained in this Amendment and each Loan Document to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated hereby, (c) agrees that this Amendment and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations under the Loan Documents, (d) affirms that each of the Liens granted in or pursuant to the Loan Documents are valid and secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms that its guarantee under the Amended Term Loan Credit Agreement remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms the terms and conditions of such guarantee. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent the ABL Agent and

Acknowledgement and Reaffirmation. This Amendment shall amend the Existing Term Loan Second Lien Credit Agreement, but is not intended to, and shall not, constitute a novation thereof or in any way impair or otherwise affect the rights or obligations of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights or obligations are amended or modified hereby. The Existing Term Loan Second Lien Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the parties, and all documents, instruments and agreements delivered, as well as all Liens created, pursuant to or in connection with the Existing Term Loan Second Lien Credit Agreement (as amended) shall remain in full force and effect, each in accordance with its terms (as amended). Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms as of the date hereof the covenants and agreements contained in this Amendment and each Loan Document to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated hereby, (c) agrees that this Amendment and all documents executed in connection herewith do no not operate to reduce or discharge such Loan Party’s obligations under the Loan Documents, (d) affirms that each of the Liens granted in or pursuant to the Loan Documents are valid and secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Second Lien Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms that its guarantee under the Amended Term Loan Second Lien Credit Agreement remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms the terms and conditions of such guarantee. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent the ABL Agent and.

Acknowledgement and Reaffirmation. This Amendment Except as expressly set forth herein, (i) this Agreement shall amend the Existing Term Loan Credit Agreementnot by implication or otherwise limit, but is not intended to, and shall notimpair, constitute a novation thereof or in any way impair waiver of or otherwise affect the rights or obligations and remedies of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights Lenders or obligations are amended or modified hereby. The Existing Term Loan the Administrative Agent, in each case under the Amended Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the partiesor any other Loan Document, and all documents(ii) shall not alter, instruments and agreements deliveredmodify, as well as all Liens created, pursuant to amend or in connection with any way affect any of the Existing Term Loan terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement (or any other provision of either such agreement or any other Loan Document. Except as amended) expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Loan Document is hereby ratified and reaffirmed in all respects and shall remain continue in full force and effect, each in accordance with its terms (as amended). Each Loan Credit Party hereby expressly (a) acknowledges and consents to all of the terms and conditions of this AmendmentAgreement, (b) affirms as ratifies and reaffirms all of the date hereof the covenants and agreements contained in this Amendment their respective Obligations and each of their other obligations under the Credit Agreement and the other Loan Document Documents to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated modified hereby, (c) agrees that this Amendment acknowledges, renews and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations extends its continued liability under the Credit Agreement and the other Loan DocumentsDocuments to which it is a party, as modified hereby, (d) affirms that each of the ratifies and reaffirms all Liens granted in or by it pursuant to the Loan Documents are valid and to secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms reaffirms that its guarantee under each Guaranty Agreement, if applicable, and the Amended Term other Loan Credit Agreement Documents to which it is a party remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms with respect to the terms and conditions of such guaranteeObligations. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as This Agreement shall constitute a Loan Document for purposes of the Amended Credit Agreement and from and after the Fourth Amendment Effective Date, between all references to the Agent “Credit Agreement” in any Loan Document and all references in the ABL Agent andAmended Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. Each Credit Party hereby consents to this Agreement and confirms that all obligations of each Credit Party under the Loan Documents to which such Credit Party is a party shall continue to apply to the Amended Credit Agreement.

Acknowledgement and Reaffirmation. This Except as specifically set forth herein, nothing in this Amendment waives, amends or modifies any term of the Note Purchase Agreement or any of the other Note Documents, all of which are ratified and confirmed and remain in full force and effect. In addition, nothing in this Amendment shall amend be deemed or construed to be a satisfaction, novation or release of the Existing Term Loan Credit Note Purchase Agreement, but is the other Note Documents or any of the Obligations. The foregoing amendments shall not intended tobe deemed to modify or affect the obligations of the Loan Parties to comply with each and every other obligation, covenant, duty or agreement under the Note Purchase Agreement and the other Note Documents. The foregoing amendments shall not, constitute a novation thereof or not be construed to in any way impair obligate the Collateral Agent or the Purchasers to amend, consent to or waive any other matter, any Default or Event of Default under the Note Purchase Agreement or the other Note Documents that have occurred or that may occur from and after the date hereof. In furtherance of the foregoing, the Loan Parties, as debtors, grantors, pledgors, guarantors, assignors, or in other similar capacities in which such parties grant Liens or security interests in their properties or otherwise affect act as accommodation parties or guarantors, as the rights case may be, under the Note Documents, hereby ratify and reaffirm all of their payment and performance obligations and obligations to indemnify, contingent or obligations otherwise, under each of the parties thereunder (including Note Documents to which it is a party, and ratify and reaffirm their grants of Liens on or security interests in their properties pursuant to the Note Documents to which they are a party, respectively, as security for the Obligations under or with respect to loans the Note Purchase Agreement and representations and warranties made thereunder) except as such rights or obligations are amended or modified hereby. The Existing Term Loan Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the partiesother Note Documents, and confirm and agree that such Liens and security interests are valid and subsisting and secure all documentsof the Obligations (including, instruments and agreements deliveredwithout limitation, as well as all Liens created, additional Obligations hereafter arising or incurred pursuant to or in connection with the Existing Term Loan Credit Note Purchase Agreement (as amended) shall remain in full force or any other Note Document), and effect, each in accordance with its terms (as amended). Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms as of the date hereof the covenants and agreements contained in this Amendment and each Loan Document to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated hereby, (c) agrees agree that this Amendment and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations under the Loan Documents, (d) affirms that each of the Liens granted in or pursuant to the Loan Documents are valid and secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the such obligations, Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms that its guarantee under the Amended Term Loan Credit Agreement remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms the terms and conditions of such guarantee. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent the ABL Agent andsecurity interests.

Acknowledgement and Reaffirmation. This Amendment shall amend the Existing Term Loan Credit Agreement, but is not intended to, and shall not, constitute a novation thereof or in any way impair or otherwise affect the rights or obligations of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights or obligations are amended or modified hereby. The Existing Term Loan Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the parties, and all documents, instruments and agreements delivered, as well as all Liens created, pursuant to or in connection with the Existing Term Loan Credit Agreement (as amended) shall remain in full force and effect, each in accordance with its terms (as amended). Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms as of the date hereof the covenants and agreements contained in this Amendment and each Loan Document to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated hereby, (c) agrees that this Amendment and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations under the Loan Documents, (d) affirms that each of the Liens granted in or pursuant to the Loan Documents are valid and secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms that its guarantee under the Amended Term Loan Credit Agreement remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms the terms and conditions of such guarantee. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent the ABL Agent andand (b) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent and the administrative and collateral agent under the Existing Second Lien Credit Agreement remain in full force and effect.

Acknowledgement and Reaffirmation. This Amendment Except as expressly set forth herein, (i) this Agreement shall amend the Existing Term Loan Credit Agreementnot by implication or otherwise limit, but is not intended to, and shall notimpair, constitute a novation thereof or in any way impair waiver of or otherwise affect the rights or obligations and remedies of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights Lenders or obligations are amended or modified hereby. The Existing Term Loan the Administrative Agent, in each case under the Amended Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the partiesor any other Loan Document, and all documents(ii) shall not alter, instruments and agreements deliveredmodify, as well as all Liens created, pursuant to amend or in connection with any way affect any of the Existing Term Loan terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement (or any other provision of either such agreement or any other Loan Document. Except as amended) expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Loan Document is hereby ratified and re‑affirmed in all respects and shall remain continue in full force and effect, each in accordance with its terms (as amended). Each Loan Credit Party hereby expressly (a) acknowledges and consents to all of the terms and conditions of this AmendmentAgreement, (b) affirms as ratifies and reaffirms all of the date hereof the covenants and agreements contained in this Amendment their respective Obligations and each of their other obligations under the Credit Agreement and the other Loan Document Documents to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated modified hereby, (c) agrees that this Amendment acknowledges, renews and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations extends its continued liability under the Credit Agreement and the other Loan DocumentsDocuments to which it is a party, as modified hereby, (d) affirms that each of the ratifies and reaffirms all Liens granted in or by it pursuant to the Loan Documents are valid and to secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms reaffirms that its guarantee under each Guaranty Agreement, if applicable, and the Amended Term other Loan Credit Agreement Documents to which it is a party remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms with respect to the terms and conditions of such guaranteeObligations. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as This Agreement shall constitute a Loan Document for purposes of the Amended Credit Agreement and from and after the Second Amendment Effective Date, between all references to the Agent "Credit Agreement" in any Loan Document and all references in the ABL Agent andAmended Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. Each Credit Party hereby consents to this Agreement and confirms that all obligations of each Credit Party under the Loan Documents to which such Credit Party is a party shall continue to apply to the Amended Credit Agreement.

Acknowledgement and Reaffirmation. This Amendment Except as expressly set forth herein, (i) this Agreement shall amend the Existing Term Loan Credit Agreementnot by implication or otherwise limit, but is not intended to, and shall notimpair, constitute a novation thereof or in any way impair waiver of or otherwise affect the rights or obligations and remedies of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights Lenders or obligations are amended or modified hereby. The Existing Term Loan the Administrative Agent, in each case under the Amended Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the partiesor any other Loan Document, and all documents(ii) shall not alter, instruments and agreements deliveredmodify, as well as all Liens created, pursuant to amend or in connection with any way affect any of the Existing Term Loan terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement (or any other provision of either such agreement or any other Loan Document. Except as amended) expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Amended Credit Agreement or any other Loan Document is hereby ratified and re‑affirmed in all respects and shall remain continue in full force and effect, each in accordance with its terms (as amended). Each Loan Credit Party hereby expressly (a) acknowledges and consents to all of the terms and conditions of this AmendmentAgreement, (b) affirms as ratifies and reaffirms all of the date hereof the covenants and agreements contained in this Amendment their respective Obligations and each of their other obligations under the Credit Agreement and the other Loan Document Documents to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated modified hereby, (c) agrees that this Amendment acknowledges, renews and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations extends its continued liability under the Credit Agreement and the other Loan DocumentsDocuments to which it is a party, as modified hereby, (d) affirms that each of the ratifies and reaffirms all Liens granted in or by it pursuant to the Loan Documents are valid and to secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms reaffirms that its guarantee under each Guaranty Agreement, if applicable, and the Amended Term other Loan Credit Agreement Documents to which it is a party remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms with respect to the terms and conditions of such guaranteeObligations. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as This Agreement shall constitute a Loan Document for purposes of the Amended Credit Agreement and from and after the First Amendment Effective Date, between all references to the Agent "Credit Agreement" in any Loan Document and all references in the ABL Agent andAmended Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amended Credit Agreement. Each Credit Party hereby consents to this Agreement and confirms that all obligations of each Credit Party under the Loan Documents to which such Credit Party is a party shall continue to apply to the Amended Credit Agreement.

Acknowledgement and Reaffirmation. This Amendment shall amend (or shall cause the amendment of, as applicable) the Existing Term Loan Second Lien Credit Agreement, the Security Agreement and the Existing Intercreditor Agreement, but is not intended to, and shall not, constitute a novation thereof or in any way impair or otherwise affect the rights or obligations of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights or obligations are amended or modified hereby. The Each the Existing Term Loan Second Lien Credit Agreement, the Security Agreement and the Existing Intercreditor Agreement as amended hereby or in accordance herewith shall be deemed to be a continuing agreement among the parties, and all documents, instruments and agreements delivered, as well as all Liens created, pursuant to or in connection with the Existing Term Loan Second Lien Credit Agreement, the Security Agreement and the Existing Intercreditor Agreement (each as amended) shall remain in full force and effect, each in accordance with its terms (as amended). Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms as of the date hereof the covenants and agreements contained in this Amendment and each Loan Document to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated hereby, (c) agrees that this Amendment and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations under the Loan Documents, (d) affirms that each of the Liens granted in or pursuant to the Loan Documents are valid and secure the Secured Obligations (as defined under the Security AgreementAgreement (as amended)), including those Obligations arising under any of the Amended Term Loan Second Lien Credit Agreement, the Security Agreement (as amended in accordance herewith) and the Existing Intercreditor Agreement (as amended in accordance herewith) and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms that its guarantee under the Amended Term Loan Second Lien Credit Agreement remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms the terms and conditions of such guarantee. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent the ABL Agent and.

Acknowledgement and Reaffirmation. This Amendment shall amend the Existing Term Loan Credit Agreement, but is not intended to, and shall not, constitute a novation thereof or in any way impair or otherwise affect the rights or obligations of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights or obligations are amended or modified hereby. The Existing Term Loan Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the parties, and all documents, instruments and agreements delivered, as well as all Liens created, pursuant to or in connection with the Existing Term Loan Credit Agreement (as amended) shall remain in full force and effect, each in accordance with its terms (as amended). Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms as of the date hereof the covenants and agreements contained in this Amendment and each Loan Document to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated hereby, (c) agrees that this Amendment and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations under the Loan Documents, (d) affirms that each of the Liens granted in or pursuant to the Loan Documents are valid and secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Credit Agreement ) and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms that its guarantee under the Amended Term Loan Credit Agreement remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms the terms and conditions of such guarantee. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent the ABL Agent andand (b) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent and the administrative and collateral agent under the Existing Second Lien Credit Agreement (the “2L Agent”) remain in full force and effect.

Acknowledgement and Reaffirmation. This Except as expressly set forth herein, (i) this Amendment shall amend the Existing Term Loan Credit Agreementnot by implication or otherwise limit, but is not intended to, and shall notimpair, constitute a novation thereof or in any way impair waiver of or otherwise affect the rights or obligations and remedies of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights Lenders or obligations are amended or modified hereby. The Existing Term Loan the Administrative Agent, in each case under the Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the partiesor any other Loan Document, and all documents(ii) shall not alter, instruments and agreements deliveredmodify, as well as all Liens created, pursuant to amend or in connection with any way affect any of the Existing Term Loan terms, conditions, obligations, covenants or agreements contained in the Credit Agreement (or any other provision of either such agreement or any other Loan Document. Except as amended) expressly set forth herein, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement or any other Loan Document is hereby ratified and re affirmed in all respects and shall remain continue in full force and effect, each in accordance with its terms (as amended). Each Loan Credit Party hereby expressly (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms as ratifies and reaffirms all of the date hereof the covenants and agreements contained in this Amendment their respective Obligations and each of their other obligations under the Credit Agreement and the other Loan Document Documents to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated modified hereby, (c) agrees that this Amendment acknowledges, renews and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations extends its continued liability under the Credit Agreement and the other Loan DocumentsDocuments to which it is a party, as modified hereby, (d) affirms that each of the ratifies and reaffirms all Liens granted in or by it pursuant to the Loan Documents are valid and to secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms reaffirms that its guarantee under each Guaranty Agreement, if applicable, and the Amended Term other Loan Credit Agreement Documents to which it is a party remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms with respect to the terms and conditions of such guaranteeObligations. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as This Amendment shall constitute a Loan Document for purposes of the Credit Agreement and from and after the Third Amendment Effective Date, between all references to the Agent “Credit Agreement” in any Loan Document and all references in the ABL Agent andCredit Agreement to “this Amendment”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Amendment. Each Credit Party hereby consents to this Amendment and confirms that all obligations of each Credit Party under the Loan Documents to which such Credit Party is a party shall continue to apply to the Credit Agreement.

Acknowledgement and Reaffirmation. This Amendment shall amend the Existing Term Loan Second Lien Credit Agreement, but is not intended to, and shall not, constitute a novation thereof or in any way impair or otherwise affect the rights or obligations of the parties thereunder (including with respect to loans and representations and warranties made thereunder) except as such rights or obligations are amended or modified hereby. The Existing Term Loan Second Lien Credit Agreement as amended hereby shall be deemed to be a continuing agreement among the parties, and all documents, instruments and agreements delivered, as well as all Liens created, pursuant to or in connection with the Existing Term Loan Second Lien Credit Agreement (as amended) shall remain in full force and effect, each in accordance with its terms (as amended). Each Loan Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms as of the date hereof the covenants and agreements contained in this Amendment and each Loan Document to which it is a party, including in each case such covenants and agreements as in effect immediately after giving effect to this Amendment and the transactions contemplated hereby, (c) agrees that this Amendment and all documents executed in connection herewith do no operate to reduce or discharge such Loan Party’s obligations under the Loan Documents, (d) affirms that each of the Liens granted in or pursuant to the Loan Documents are valid and secure the Secured Obligations (as defined under the Security Agreement), including those Obligations arising under the Amended Term Loan Second Lien Credit Agreement and (e) agrees that neither this Amendment nor any other document executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Loan Documents. Each Guarantor hereby confirms that its guarantee under the Amended Term Loan Second Lien Credit Agreement remains unaltered and in full force and effect and hereby reaffirms, ratifies and confirms the terms and conditions of such guarantee. Agent hereby acknowledges and agrees that its obligations under each of (a) the Acknowledgement of License Agreement, dated as of the Effective Date, between the Agent the ABL Agent and.