Common use of Amendments; Execution in Counterparts Clause in Contracts

Amendments; Execution in Counterparts. (a) This Agreement shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, shall not be construed as a waiver or consent to any further or future action on the part of the Borrower that would require a waiver or consent of the Lenders or the Administrative Agent. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect. (b) The Borrower and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) This Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by each of the parties hereto. (d) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower Obligors that would require a waiver or consent of the Lenders or the Administrative Agent. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect and each of the Obligors agrees, with respect to each Credit Document to which it is a party, that all of its obligations, liabilities and indebtedness under such Credit Document, as amended hereby, including guarantees, shall remain in full force and effect. (b) The Borrower . This Amendment shall constitute a Credit Document for the purposes of the Credit Agreement and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) . This Agreement Amendment may not be amended nor may any provision hereof be waived waived, amended or modified except pursuant to a in writing signed by each of the parties heretoObligors, the Administrative Agent and the Required Lenders. (db) This Agreement Amendment may be executed in counterparts (and by one or more different parties hereto on different counterparts), each of the parties to this Agreement on any number of separate counterpartswhich shall constitute an original, and but all of said counterparts which when taken together shall be deemed to constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of to this Agreement Amendment by telecopy or email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative AgentAmendment.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, shall not be construed as a waiver or consent to any further or future action on the part of the Borrower that would require a waiver or consent of the Lenders or the Administrative Agent. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect. (b) The Borrower and the other parties hereto hereby acknowledge and agree that this Agreement Amendment shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this AgreementAmendment. (c) This Agreement Amendment may not be amended nor may any provision hereof be waived except pursuant to a writing signed by each of the parties heretoBorrower and the Required Lenders. (d) This Agreement Amendment may be executed by one or more of the parties to this Agreement Amendment on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement Amendment by email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement Amendment signed by all the parties shall be lodged with the Borrower and the Administrative Agent.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower that would require a waiver or consent of the Lenders Financing Parties or the Administrative Agent. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect. (b) The Borrower and the other parties hereto hereby acknowledge and agree that this Agreement Amendment shall constitute a “Loan Financing Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Financing Documents” shall be deemed to include this AgreementAmendment and the security interests in the Collateral granted under each Financing Document are also for the benefit of the Specified Swap Counterparties. (c) This Agreement Amendment may not be amended nor may any provision hereof be waived except pursuant to a writing signed by each of the parties hereto. (d) Borrower, the Administrative Agent and the Required Financing Parties. This Agreement Amendment may be executed by one or more of the parties to this Agreement Amendment on any number of separate counterparts, including by means of facsimile or electronic transmission in .pdf format, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower Obligors that would require a waiver or consent of the Lenders or the Administrative Agent. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect and each of the Obligors agrees, with respect to each Credit Document to which it is a party, that all of its obligations, liabilities and indebtedness under such Credit Document, as amended hereby, including guarantees and grants of security interests, shall remain in full force and effect. (b) The Borrower . This Amendment shall constitute a Credit Document for the purposes of the Credit Agreement and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) . This Agreement Amendment may not be amended nor may any provision hereof be waived waived, amended or modified except pursuant to a in writing signed by each of the parties heretoObligors, the Administrative Agent and the Required Lenders. (db) This Agreement Amendment may be executed in counterparts (and by one or more different parties hereto on different counterparts), each of the parties to this Agreement on any number of separate counterpartswhich shall constitute an original, and but all of said counterparts which when taken together shall be deemed to constitute one and the same instrumenta single contract. Delivery of an executed counterpart of a signature page of to this Agreement Amendment by telecopy or email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative AgentAmendment.

Amendments; Execution in Counterparts. (a) This Agreement shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower and any other Credit Party that would require a waiver or consent of the Lenders or the Administrative Agent. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect. (b) The Borrower and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) This Agreement may not be amended nor may any provision hereof be waived except pursuant to a writing signed by each of the parties Borrower, the Administrative Agent and the Lenders party hereto. (d) . This Agreement may be executed by one or more of the parties to this Agreement hereto on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by email facsimile or facsimile transmission other electronic submission shall be effective as delivery of a manually executed counterpart hereof. A set The words “execution,” “signed,” “signature,” and words of like import in this Agreement shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the copies same legal effect, validity or enforceability as a manually executed signature or the use of this Agreement signed by all a paper-based recordkeeping system, as the parties shall be lodged with case may be, to the Borrower extent and as provided for in any applicable law, including the Administrative AgentFederal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

Amendments; Execution in Counterparts. (a) This Agreement Amendment shall not constitute an amendment of any other provision of the Existing Credit Agreement not referred to herein and, except as expressly provided for herein, and shall not be construed as a waiver or consent to any further or future action on the part of the Borrower Obligors that would require a waiver or consent of the Lenders or the Administrative Agent. Except as expressly amended hereby, the provisions of the Existing Credit Agreement are and shall remain in full force and effect and each of the Obligors agrees, with respect to each Credit Document to which it is a party, that all of its obligations, liabilities and indebtedness under such Credit Document, as amended hereby, including guarantees, shall remain in full force and effect. The term “Credit Documents” in the Credit Agreement and the other Credit Documents shall include this Amendment. (b) The Borrower and the other parties hereto hereby acknowledge and agree that this Agreement shall constitute a “Loan Document” as such term is used in the Existing Credit Agreement, and each reference in the Existing Credit Agreement as amended hereby to the “Loan Documents” shall be deemed to include this Agreement. (c) This Agreement Amendment may not be amended nor may any provision hereof be waived except pursuant to a writing signed by each of the parties hereto. (d) Obligors, the Administrative Agent and the First Amendment Required Lenders. This Agreement Amendment may be executed by one or more of the parties to this Agreement Amendment on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent.