Effectiveness; Integration. This Agreement shall become effective upon the execution of a counterpart hereof by each of the parties hereto and receipt by Borrower and Administrative Agent of written or telephonic notification of such execution and authorization of delivery thereof. With the exception of the Fee Letter and the indemnification (to the extent not separately covered by Section 10.3), confidentiality, jurisdiction, governing law, waiver of jury trial and the syndication provisions contained in the Commitment Letter and in the Fee Letter that shall remain in full force and effect with respect to matters covered by the Commitment Letter and the Fee Letter, the Borrower’s and the Lenders’ and their respective Affiliates’ obligations under the Commitment Letter shall terminate and be superseded (and Borrower, the Lenders and their respective Affiliates shall be released from all liability in connection with such terminated and superseded obligations under such Commitment Letter) by the Credit Documents (together with any other documents, instruments or agreements executed and delivered in connection therewith). In the event that any provision of any Exhibit to this Agreement is deemed to conflict with this Agreement, the provisions of this Agreement shall control.
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Effectiveness; Integration. This Agreement shall become effective upon the execution of a counterpart hereof by each of the parties hereto and receipt by Borrower and Administrative Agent of written or telephonic notification of such execution and authorization of delivery thereof. With the exception of the Engagement Letter, the Fee Letter and the indemnification (to the extent not separately covered by Section 10.3), confidentiality, jurisdiction, governing law, waiver of jury trial and the syndication provisions contained in the Commitment Letter and in the Fee Letter that shall remain in full force and effect with respect to matters covered by the Commitment Letter and the Fee Letter, the Borrower’s and the Lenders’ and their respective Affiliates’ obligations under the Commitment Letter shall terminate and be superseded (and Borrower, the Lenders and their respective Affiliates shall be released from all liability in connection with such terminated and superseded obligations under such Commitment Letter) by the Credit Documents (together with any other documents, instruments or agreements executed and delivered in connection therewith). In the event that any provision of any Exhibit to this Agreement is deemed to conflict with this Agreement, the provisions of this Agreement shall control.
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