Common use of Confirmation of Existing Indebtedness Clause in Contracts

Confirmation of Existing Indebtedness. Borrowers acknowledge and confirm that as of June 20, 2000, they are indebted to Lender, without defense, set-off or counter-claim under the Existing Loan Documents in the principal amount of $30,420,911.51 ("Existing Indebtedness"). This Agreement and the Notes and the Surety Agreement, restate and consolidate, but do not extinguish the indebtedness evidenced by the Existing Loan Documents. The Existing Indebtedness shall be deemed to constitute Loans hereunder and Borrowers shall be jointly and severally, absolutely and unconditionally liable for the repayment of Loans in accordance with the terms hereof and the other Loan Documents. The execution and delivery of this Agreement and the other Loan Documents, however, does not evidence or represent a refinancing, repayment, accord and/or satisfaction or novation of the Existing Indebtedness. All of Lenders' obligations to Borrowers with respect to Loans to be made concurrently herewith or hereafter the date hereof are set forth in this Agreement. All Liens and security interests previously granted to or for the benefit of Lender, pursuant to, or in connection with, the Existing Loan Documents are acknowledged and reconfirmed and remain in full force and effect and are not intended to be released, replaced or impaired. Borrowers confirm that to the extent that any of the Loan Documents (as defined in the Existing Loan Documents) have not been amended and/or restated and/or consolidated, they remain in full force and effect and shall be deemed for all purposes to be Loan Documents as used herein.

Confirmation of Existing Indebtedness. Borrowers acknowledge and confirm that as of June 20March __, 20002004, they are indebted to LenderFCC, without defense, set-off or counter-claim under the Existing Loan Documents in the principal amount of $30,420,911.51 _____________ ("Existing Indebtedness"). This Agreement and the Notes and the Surety Agreement, amend, restate and consolidate, but do not extinguish the indebtedness evidenced by the Existing Loan Documents. The Existing Indebtedness shall be deemed to constitute Loans hereunder and Borrowers shall be jointly and severally, absolutely and unconditionally liable for the repayment of Loans in accordance with the terms hereof and the other Loan Documents. The execution and delivery of this Agreement and the other Loan Documents, however, does not evidence or represent a refinancing, repayment, accord and/or satisfaction or novation of the Existing Indebtedness. All of Lenders' FCC's obligations to Borrowers with respect to Loans to be made concurrently herewith or hereafter the date hereof are set forth in this Agreement. All Liens and security interests previously granted to or for the benefit of LenderFCC, pursuant to, or in connection with, the Existing Loan Documents are acknowledged and reconfirmed and remain in full force and effect and are not intended to be released, replaced or impairedimpaired and are hereunder deemed to be granted to FCC in its capacity as Agent for the benefit of Lenders. Borrowers confirm that to the extent that any of the Loan Documents (as defined in the Existing Loan Documents) have not been amended and/or restated and/or consolidatedrestated, they remain in full force and effect and shall be deemed for all purposes to be Loan Documents as used herein. In conjunction with the amendment, restatement and consolidation of the Term Loan referred to herein, no new funds shall be advanced to Borrowers and appropriate adjustments shall be made by Lenders to equalize their respective Pro Rata Share of all Loans.

Confirmation of Existing Indebtedness. Borrowers acknowledge and confirm that as of June 20December 14, 20002005, they are indebted to LenderPNC NA, without defense, set-off or counter-claim under the Existing Loan Documents in the principal amount of $30,420,911.51 7,207,918 on account of undrawn Letters of Credit ("Existing Indebtedness"). This Agreement and the Notes amend and the Surety Agreement, restate and consolidate, but do not extinguish the indebtedness evidenced by the Existing Loan Documents. The Existing Indebtedness shall be deemed to constitute Loans Obligations hereunder and Borrowers shall be jointly and severally, absolutely and unconditionally unconditionally, liable for the repayment of Loans Obligations in accordance with the terms hereof and the other Loan Other Documents. The execution and delivery of this Agreement and the other Loan Other Documents, however, does not evidence or represent a refinancing, repayment, accord and/or satisfaction or novation of the Existing Indebtedness. All of Lenders' PNC NA's obligations to Borrowers with respect to Loans Advances to be made concurrently herewith or hereafter after the date hereof are set forth in this Agreement. All Liens and security interests previously granted to or for the benefit of LenderPNC NA, pursuant to, or in connection with, the Existing Loan Documents are acknowledged and reconfirmed and remain in full force and effect and are not intended to be released, replaced or impairedimpaired and are hereunder deemed to be granted to Agent in its capacity as Agent for the benefit of Lenders. Borrowers confirm that to the extent that any of the Loan Documents (as defined in the Existing Loan Documents) have not been amended and/or restated and/or consolidatedrestated, they remain in full force and effect and shall be deemed for all purposes to be Loan Other Documents as used herein.