Common use of Effect of this Amendment Clause in Contracts

Effect of this Amendment. Each Borrower agrees that, except as expressly provided herein, (a) the Credit Agreement, the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document shall remain unmodified and in full force and effect, and (b) this Amendment shall not be deemed to (i) be a waiver of, consent to, a modification of or amendment to any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees thatExcept as expressly set forth in this Amendment or any exhibits hereto, (a) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent, in each case under the Amended Credit Agreement or any other Loan Document, and (b) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Amended Credit Agreement or any other Loan Document. Except as expressly set forth in this Amendment, each and every term, condition, obligation, covenant and agreement contained in the Amended Credit Agreement and any other Loan Documents is hereby ratified and reaffirmed in all respects and shall continue in full force and effect. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided hereinin this Amendment or any exhibits hereto, (a) operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, or constitute a waiver of any provision of any of the Loan Documents. This Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Credit Agreement, the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document which shall remain unmodified and in full force and effect, and (b) except to any extent amended or modified by this Amendment. Nothing implied in this Amendment shall not be deemed to (i) be construed as a waiver of, consent to, a modification release or other discharge of or amendment to any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other agreement by and among any of the BorrowersLoan Parties from the Loan Documents. From and after the Effective Date, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change all references to the Credit Agreement, the Security Agreement, the Pledge Agreement, Agreement in any other Security Document, or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References and all references in the Credit Agreement to “this Agreement,” (and indirect references such as “hereunder”, “hereby”, “herein,” and “hereof”) and in any other Loan Document ” or words of like import referring to the “Credit Agreement” shall Agreement shall, unless expressly provided otherwise, be deemed to be references refer to the Amended Credit Agreement. Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement as modified amended hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees that, except (a) Except as expressly provided herein, (a) the Existing Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed to (i) to be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Existing Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other handDocument, (ii) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Existing Credit Agreement or the other Loan Documents or any other “Loan Document” (as defined in the Amended Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document ) or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with Holdings, the Borrowers Borrower, any Subsidiary Loan Party or any other Person with respect to any waiver, amendment, modification or any other change to the Existing Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, Loan Documents or any other “Loan Document Document” (as defined in the Amended Credit Agreement) or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documentsdocuments or (iv) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Loan Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References On and after the Effective Date, references in the Amended Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Amended Credit Agreement.

Effect of this Amendment. Each Borrower Loan Party agrees that, except as expressly provided herein, (a) the Credit Agreement, the Security AgreementGuaranty, the Pledge Security Agreement, each other Security Collateral Document and each other Loan Document (all as defined in the Credit Agreement) shall remain unmodified and in full force and effect, and (b) this Amendment shall not be deemed to (i) be a waiver of, a consent to, a modification of or amendment to any other term or condition of the Credit Agreement, the Security AgreementGuaranty, the Pledge Security Agreement, any other Security Document Collateral Document, any other Loan Document or any other agreement by and among any of the BorrowersLoan Parties, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Security AgreementGuaranty, the Pledge Security Agreement, any other Security Collateral Document, any other Loan Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security AgreementGuaranty, the Pledge Security Agreement, any other Security Document, Collateral Document or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References in the Credit Agreement to “this AgreementAmendment” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in any other Loan Document to the “Credit 144235533_3 Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) all terms and provisions of the Credit Agreement, the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Agreement shall remain unmodified and in full force and effect, and (b) in all other respects the Loan Documents are hereby specifically ratified, restated and confirmed by all parties hereto as of the date hereof. The Loan Parties hereby agree that this Amendment shall not be deemed to (i) be in no manner affect or impair the Obligations or the Liens securing the payment and performance thereof. Except as expressly provided herein, this Amendment shall not, by implication or otherwise, limit, impair, constitute a waiver of, consent to, a modification of or amendment to otherwise affect any other term rights or condition remedies of the Agent or any Lender under the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document Documents, nor alter, modify, amend or in any other agreement by and among way affect any of the Borrowersobligations or covenants contained in the Credit Agreement or any of the other Loan Documents, on all of which are ratified and confirmed in all respects and shall continue in full force and effect. On and after the one handAmendment No. 1 Effective Date this Amendment shall for all purposes constitute a Loan Document. The parties hereto hereby ratify and confirm all of their respective obligations and liabilities under the Loan Documents to which it is a party, as expressly modified herein, and ratify and confirm that such obligations and liabilities extend to and continue in effect with respect to, and continue to guarantee and secure, as applicable, the Administrative Agent Obligations of each other party under the Loan Documents, as expressly modified herein. It shall be an Event of Default under the Credit Agreement if any of the parties hereto fails to perform, keep or observe any Lenderterm, on the other handprovision, (ii) prejudice condition, covenant or agreement contained in this Amendment or if any right representation or rights which the Administrative Agent or the Lenders may now have or may have in the future warranty made by any Loan Party under or in connection with the Credit Agreementthis Amendment shall be untrue, the Security Agreement, the Pledge Agreement, false or misleading in any respect when made. The Agent and Lenders have not waived and have no intention of waiving (i) any other Security DocumentDefault or Event of Default other than the Specified Defaults, (ii) any breach of any covenant or other agreement set forth in the Loan Document or any of the instruments or agreements referred to therein, Documents other than as the same may be amended, restated, supplemented or otherwise modified from time to time, set forth in Section 3 hereof or (iii) be a commitment any right, power or any other undertaking or expression remedy of any willingness to engage in Lender or Agent under any further discussion with Loan Document. On and after the Borrowers or any other Person with respect to any waiverAmendment No. 1 Effective Date, amendment, modification or any other change to the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References each reference in the Credit Agreement to “this Agreement” (and indirect references such as ”, “hereunder”, “herebyhereof” or words of like import referring to the Credit Agreement, and each reference in each of the other Loan Documents to “the Credit Agreement”, “hereinthereunder”, “thereof” and “hereof”) and in any other Loan Document or words of like import referring to the “Credit Agreement” , shall mean and be deemed to be references a reference to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreementamended by this Amendment.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and is a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement. Governing Law. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK AND THE RESPECTIVE RIGHTS AND OBLIGATIONS OF BORROWERS, AGENT, AND THE LENDERS SHALL BE GOVERNED BY NEW YORK LAW, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAWS.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, the Security Agreement, Collateral Agreement and the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, to a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Collateral Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Security Agreement, Collateral Agreement or the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Loan Parties or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security Agreement, Collateral Agreement or the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documents, (d) to be a waiver of, or consent to a modification or amendment of, any other term or condition of any other agreement by and among any Loan Party, on the one hand, and the Administrative Agent or any other Lender, on the other hand or (e) to be a course of dealing or a consent to any departure by the Loan Parties from any other term or requirement of the Credit Agreement. References in this Amendment to the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees that, except as expressly provided hereinherein or in the other documents to be executed and delivered to Agent and Required Lenders in connection herewith, (a) the Credit Agreement, Loan Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect, and (b) this Amendment shall not be deemed to (i) be a waiver of, consent to, a modification of or amendment to any other term or condition of the Credit Loan Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other agreement by and among any of the BorrowersBorrower, on the one hand, and the Administrative Agent or any LenderRequired Lenders and Agent, on the other hand, (ii) prejudice any other right or rights which the Administrative Agent or the Lenders Lender may now have or may have in the future under or in connection with the Credit Agreement, Loan Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower, or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, Loan Agreement or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References in the Credit Loan Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in any other Loan Document to the “Credit Loan Agreement” shall be deemed to be references to the Credit Loan Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, Loan Agreement and shall constitute a “Loan Document” under and as defined in the Credit Loan Agreement.

Effect of this Amendment. Each Borrower agrees thatExcept as expressly set forth in this Amendment, (a) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent, in each case under the Credit Agreement or any other Loan Document, and (b) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document. Except as expressly set forth in this Amendment, each and every term, condition, obligation, covenant and agreement contained in the Credit Agreement and the other Loan Documents is hereby ratified and reaffirmed in all respects and shall continue in full force and effect. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided hereinin this Amendment, (a) operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, or constitute a waiver of any provision of any of the Loan Documents. This Amendment shall not extinguish the obligations for the payment of money outstanding under the Credit Agreement. Nothing herein contained shall be construed as a substitution or novation of the obligations outstanding under the Credit Agreement, the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document which shall remain unmodified and in full force and effect, and (b) except to any extent amended or modified by this Amendment. Nothing implied in this Amendment shall not be deemed to (i) be construed as a waiver of, consent to, a modification release or other discharge of or amendment to any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other agreement by and among any of the BorrowersLoan Parties from the Loan Documents. From and after the Effective Date, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change all references to the Credit Agreement, the Security Agreement, the Pledge Agreement, Agreement in any other Security Document, or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References and all references in the Credit Agreement to “this Agreement,” (and indirect references such as “hereunder”, “hereby”, “herein,” and “hereof”) and in any other Loan Document ” or words of like import referring to the “Credit Agreement” shall Agreement shall, unless expressly provided otherwise, be deemed to be references refer to the Credit Agreement as modified herebyamended by this Amendment. This Each of the Loan Parties hereby consents to this Amendment and confirms that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall be deemed incorporated into, and a part of, continue to apply to the Credit Agreement, and shall constitute a “Loan Document” under and Agreement as defined in the Credit Agreementamended by this Amendment.

Effect of this Amendment. Each Borrower agrees that, except as expressly provided hereinherein or in the other documents to be executed and delivered to Agent and Required Lender in connection herewith, (a) the Credit Agreement, Loan Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect, and (b) this Amendment shall not be deemed to (i) be a waiver of, consent to, a modification of or amendment to any other term or condition of the Credit Loan Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other agreement by and among any of the BorrowersBorrower, on the one hand, and the Administrative Agent or any LenderRequired Lender and Agent, on the other hand, (ii) prejudice any other right or rights which the Administrative Agent or the Lenders Lender may now have or may have in the future under or in connection with the Credit Agreement, Loan Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrowers, or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, Loan Agreement or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders Lender under or with respect to any such documents. References in the Credit Loan Agreement to “"this Agreement” " (and indirect references such as “"hereunder”", “"hereby”", “"herein” " and “"hereof”") and in any other Loan Document to the “Credit "Loan Agreement” " shall be deemed to be references to the Credit Loan Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, Loan Agreement and shall constitute a “"Loan Document” " under and as defined in the Credit Loan Agreement.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, consent to, a or modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, consent to, or modification or amendment of, any other term or condition of any other agreement by and among the parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and is a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.. 80810458_4

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, consent to, a or modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, consent to, or modification or amendment of, any other term or condition of any other agreement by and among the Loan Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This EXHIBIT 10.95 Reaffirmations. Each Credit Party (a) consents to this Amendment and agrees that the transactions contemplated by this Amendment shall be deemed incorporated intonot limit or diminish the obligations of such Person under, or release such Person from any obligations under, any of the Loan Documents to which it is a party, (b) confirms and reaffirms its obligations under each of the Loan Documents to which it is a part ofparty and (c) agrees that each of the Loan Documents to which it is a party remain in full force and effect and are hereby ratified and confirmed. Governing Law. THIS AMENDMENT SHALL BE GOVERNED BY, the Credit AgreementAND CONSTRUED IN ACCORDANCE WITH, and shall constitute a “Loan Document” under and as defined in the Credit AgreementTHE LAW OF THE STATE OF NEW YORK AND THE RESPECTIVE RIGHTS AND OBLIGATIONS OF BORROWERS, AGENT, AND THE LENDERS SHALL BE GOVERNED BY NEW YORK LAW, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAWS.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect ​ ​ to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and is a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower The Parent agrees that, except as expressly provided herein, (a) the Credit Agreement, the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document shall remain unmodified and in full force and effect, and (b) this Amendment shall not be deemed to (i) be a waiver of, consent to, a modification of or amendment to any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Parent or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees thatOn and after the Fifth Amendment Effective Date, except references in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents 89409294_4 or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documents. References in documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Agreement to “this Agreement” (Parties, on the one hand, and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in the Administrative Agent or any other Loan Document to Lender, on the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreementother hand.

Effect of this Amendment. Each Borrower Loan Party agrees that, except as expressly provided herein, (a) the Credit Agreement, the Security AgreementGuaranty, the Pledge Security Agreement, each other Security Collateral Document and each other Loan Document (all as defined in the Credit Agreement) shall remain unmodified and in full force and effect, and (b) this Amendment shall not be deemed to (i) be a waiver of, consent to, a modification of or amendment to any other term or condition of the Credit Agreement, the Security AgreementGuaranty, the Pledge Security Agreement, any other Security Document Collateral Document, any other Loan Document or any other agreement by and among any of the BorrowersLoan Parties, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Security AgreementGuaranty, the Pledge Security Agreement, any other Security Collateral Document, any other Loan Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security AgreementGuaranty, the Pledge Security Agreement, any other Security Document, Collateral Document or any other Loan Document or 134955004_2 any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References in the Credit Agreement to “this AgreementAmendment” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, the Security Agreement, Collateral Agreement and the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment (including, without limitation, the Consent) shall not be deemed (a) to (i) be a waiver of, or consent to, to a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Collateral Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, the Security Agreement, Collateral Agreement or the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Loan Parties or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security Agreement, Collateral Agreement or the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documents, (d) to be a waiver of, or consent to a modification or amendment of, any other term or condition of any other agreement by and among any Loan Party, on the one hand, and the Administrative Agent or any other Lender, on the other hand or (e) to be a course of dealing or a consent to any departure by the Loan Parties from any other term or requirement of the Credit Agreement. References in this Amendment to the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees thatOn and after the Effective Date, except references in the Collateral Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”), in the Credit Agreement to “the Collateral Agreement” (and indirect references such as “thereunder”, “thereby”, “therein”, and “thereof”) and in any other Loan Document to the “Collateral Agreement” shall be deemed to be references to the Collateral Agreement as modified hereby and as modified by that certain Seventh Amendment to Credit Agreement, Incremental Amendment and Amendment to Collateral Agreement. Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documents. References in documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Agreement to “this Agreement” (Parties, on the one hand, and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in the Administrative Agent or any other Loan Document to Lender, on the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreementother hand.

Effect of this Amendment. Each Borrower agrees that, except as expressly provided hereinherein or in the other documents to be executed and delivered to Agent and Required Lenders in connection herewith, (a) the Credit Agreement, Loan Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect, and (b) this Amendment shall not be deemed to (i) be a waiver of, consent to, a modification of or amendment to any other term or condition of the Credit Loan Agreement, the Security Agreement, the Pledge Agreement, any other Security Document any other Loan Document or any other agreement by and among any of the BorrowersBorrower, on the one hand, and the Administrative Agent or any LenderRequired Lenders and Agent, on the other hand, (ii) prejudice any other right or rights which the Administrative Agent or the Lenders Lender may now have or may have in the future under or in connection with the Credit Agreement, Loan Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrowers, or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, Loan Agreement or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders Lender under or with respect to any such documents. References in the Credit Loan Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”’) and in any other Loan Document to the “Credit Loan Agreement” shall be deemed to be references to the Credit Loan Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, Loan Agreement and shall constitute a “Loan Document” under and as defined in the Credit Loan Agreement.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and is a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided set forth herein, (ai) this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of or otherwise affect the rights and remedies of the Lenders or the Administrative Agent, in each case under the Credit AgreementAgreement or any other Loan Document, (ii) shall not alter, modify, amend or in any way affect any of the Security Agreementterms, conditions, obligations, covenants or agreements contained in the Pledge Agreement, each other Security Document and each Credit Agreement or any other Loan Document and (iii) 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 unmodified and continue in full force and effect, and (b) . Each of the Loan Parties hereby consents to this Amendment shall not be deemed to and confirms and reaffirms (i) that all obligations of such Loan Party under the Loan Documents to which such Loan Party is a party shall continue to apply to the Credit Agreement as amended hereby, (ii) its Guarantees of the Obligations, (iii) its pledges and grants of security interests and Liens on the Collateral to secure the Obligations pursuant to the Security Documents and (iv) such Guarantees, pledges and grants of security interests, as applicable, shall continue to be in full force and effect and shall continue to inure to the benefit of the Lenders and the other Secured Parties. This Amendment shall constitute a waiver of, consent to, a modification of or amendment to any other term or condition Loan Document for purposes of the Credit Agreement. On and after the effectiveness of this Amendment, the Security Agreement, the Pledge Agreement, each reference in any other Security Document any other Loan Document or any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with to “the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iii) ” shall mean and be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change reference to the Amended Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document or any rights or remedies arising in favor of the Administrative Agent or the Lenders under or with respect to any such documents. References Agreement and each reference in the Credit Agreement to “this Agreement,” (and indirect references such as “hereunder”, “hereby”, “herein,” and “hereof”) ” or words of like import shall mean and be a reference to the Amended Credit Agreement. The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement or of any other Loan Document Documents as in effect prior to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Second Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit AgreementEffective Date.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers any Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Loan Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.

Effect of this Amendment. Each Borrower agrees thatOn and after the Second Amendment Effective Date, except references in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Syndicated Facility Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documents. References in the Credit Agreement documents or (d) to “this Agreement” (and indirect references such as “hereunder”be a waiver of, “hereby”or consent to or a modification or amendment of, “herein” and “hereof”) and in any other term or condition of any other agreement by and among any Loan Document to Party, on the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated intoone hand, and a part ofthe Administrative Agent or any other Lender, on the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreementother hand.

Effect of this Amendment. Each Borrower agrees thatOn and after the Fourth Amendment Effective Date, except references in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documents. References in documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other 4 87661695_7 agreement by and among the Credit Agreement to “this Agreement” (Parties, on the one hand, and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in the Administrative Agent or any other Loan Document to Lender, on the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified herebyother hand. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit AgreementSection 6.

Effect of this Amendment. Each Borrower agrees thatOn and after the Fifth Amendment Effective Date, except references in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents 2 89409294_4 or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documents. References in documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Agreement to “this Agreement” (Parties, on the one hand, and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) and in the Administrative Agent or any other Loan Document to Lender, on the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified herebyother hand. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit AgreementSection 6.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Credit Parties, on the one hand, and Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment References in the Security Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the “Security Agreement” shall be deemed incorporated intoto be references to the Security Agreement as modified hereby. References in the Pledge Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and a part of, “hereof”) and in any Loan Document to the Credit “Pledge Agreement, and ” shall constitute a “Loan Document” under and be deemed to be references to the Pledge Agreement as defined in the Credit Agreementmodified hereby.

Effect of this Amendment. Each Borrower agrees that, except Except as expressly provided herein, (a) the Credit Agreement, Agreement and the Security Agreement, the Pledge Agreement, each other Security Document and each other Loan Document Documents shall remain unmodified and in full force and effect. Except as expressly set 63293737_5 forth herein, and (b) this Amendment shall not be deemed (a) to (i) be a waiver of, or consent to, a modification of or amendment to of, any other term or condition of the Credit Agreement, the Security Agreement, the Pledge Agreement, any other Security Document Agreement or any other Loan Document or Document, (b) to prejudice any other agreement by and among any of the Borrowers, on the one hand, and the Administrative Agent or any Lender, on the other hand, (ii) prejudice any right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, any other Loan Document Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, or (iiic) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrowers Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement, Agreement or the Security Agreement, the Pledge Agreement, any other Security Document, or any other Loan Document Documents or any rights or remedies arising in favor of the Administrative Agent Lenders or the Lenders Administrative Agent, or any of them, under or with respect to any such documentsdocuments or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Loan Parties, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” ”, and “hereof”) and in any other Loan Document to the “Credit Agreement” Agreement shall be deemed to be references to the Credit Agreement as modified hereby. This Amendment shall be deemed incorporated into, and a part of, the Credit Agreement, and shall constitute a “Loan Document” under and as defined in the Credit Agreement.