Common use of Incorporation of Terms Clause in Contracts

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 (Partial Invalidity), Clause 35 (Remedies, Waivers and Conflicts) and Clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these clauses to "this Agreement" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 36 (Notices), Clause clause 34 (Partial InvaliditySeverability), Clause 35 clause 28.7 (Remedies, Waivers and Conflictsremedies cumulative) and Clause clause 39 (Enforcement) of the Original Amended and Restated Revolving Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" are ” or “the Finance Documents” were references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 31 (Notices)Remedies and Waivers, Clause 34 (Partial Invalidity), Clause 35 clause 32 (Remedies, Waivers and ConflictsNotices) and Clause 39 clause 37 (EnforcementJurisdiction) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 (Partial Invalidity), Clause 35 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 35 (Notices), Clause 34 (Partial Invalidity), Clause 35 (Remedies, Waivers and Conflicts) and Clause 39 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” are references to this Agreement.

Incorporation of Terms. The provisions of Clause clause 28 (REMEDIES AND WAIVER), clause 29 (PARTIAL INVALIDITY), clause 31 (LAW) and clause 32 (Notices), Clause 34 (Partial Invalidity), Clause 35 (Remedies, Waivers and Conflicts) and Clause 39 (EnforcementJURISDICTION) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement herein and as if references in these clauses therein to "this Agreement" or "the Facility Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 29 (Notices), Clause 34 31 (Partial Invalidity), Clause 35 32 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 36 (Enforcement) of the Original Facility Restated Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 43 (Notices), Clause 34 45 (Partial Invalidity), Clause 35 46 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 50 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 (Partial Invalidity), Clause 35 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these clauses to "this Agreement" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 31 (Notices), Clause 34 33 (Partial Invalidity), Clause 34 (Remedies and Waivers), Clause 35 (Remedies, Waivers Amendments and ConflictsWaivers) and Clause 39 41 (EnforcementWaiver) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 (Partial Invalidity), Clause 35 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these clauses to "“this Agreement" ” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 34 (NoticesRemedies and waivers), Clause 34 clause 33 (Partial Invalidity), Clause 35 clause 38 (Remedies, Waivers and ConflictsGoverning Law) and Clause clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 Clauses 31 (Notices), Clause 34 33 (Partial Invalidity), Clause 35 36.1 (RemediesConclusion of this Agreement), Waivers and Conflicts36.2 (Counterparts), 37 (Governing law) and Clause 39 38 (EnforcementJurisdiction) of the Original Facility Agreement shall be incorporated into in this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” are references to this Agreement.

Incorporation of Terms. The provisions of Clause clause 32 (NoticesRemedies and Waivers), Clause 34 clause 33 (Partial Invalidity), Clause 35 clause 36 (Remedies, Waivers and ConflictsGoverning Law) and Clause 39 clause 37 (EnforcementJurisdiction) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement herein and as if references in these clauses therein to "“this Agreement" ”, “hereunder” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause clause 32 (Notices), Clause clause 34 (Partial Invalidity), Clause clause 35 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" are or "the Finance Documents" were references to this AgreementAgreement and (on and from the Syndication Date) as if references in those clauses to "Party" and "Lender" include the New Lenders.

Incorporation of Terms. The provisions of Clause 32 28 (NoticesRemedies and Waivers), Clause 34 30 (Partial InvaliditySeverability), Clause 35 32 (RemediesNature of Rights and Obligations), Waivers Clause 33 (Governing Law and Conflicts) and Clause 39 (EnforcementJurisdiction) of the Original Facility Facilities Agreement shall be incorporated into this Agreement as if set out in full in this Agreement herein and as if references in these clauses therein to "this Agreement" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 18.2 (Amendment costs), clause 30 (Notices), Clause 34 clause 32 (Partial Invalidity), Clause 35 clause 33 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 clause 38 (Enforcement) of the Original Facility Senior Facilities Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 30 (Notices), Clause 34 32 (Partial Invalidity), Clause 35 33 (RemediesRemedies and Waivers), Waivers Clause 34 (Amendments and ConflictsWaivers) and Clause 39 (Enforcement) of the Original Term Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 37 (Partial invalidity), Clause 35 (Notices), Clause 34 38 (Partial Invalidity), Clause 35 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 42 (Enforcement) of the Original Facility Principal Agreement shall be incorporated into this Amendment Agreement as if set out in full in this Amendment Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Amendment Agreement.. 3

Incorporation of Terms. The provisions of Clause 32 clause 34 (Notices), Clause 34 clause 36 (Partial Invalidity), Clause 35 clause 37 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause clause 32 (Notices), Clause clause 34 (Partial Invalidity), Clause clause 35 (RemediesRemedies and Waivers), Waivers clause 36 (Amendments and ConflictsWaivers) and Clause clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" or any Finance Document are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 33 (Notices), Clause 34 35 (Partial Invalidity), Clause 35 36 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 43 (Enforcement) of the Original Existing Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 clause 36 (Partial Invalidity), Clause 35 clause 37 (RemediesRemedies and waivers), Waivers clause 40 (Governing Law), and Conflicts) and Clause 39 clause 41 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 30 (Notices), Clause 34 clause 32 (Partial Invalidity), Clause 35 clause 33 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 clause 37 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement Deed as if set out in full in this Agreement Deed and as if references in these those clauses to "“this Agreement" ” are references to this AgreementDeed.

Incorporation of Terms. The provisions of Clause 32 clause 34 (Notices), Clause 34 clause 36 (Partial Invalidity), Clause 35 (Remedies, Waivers and Conflicts) and Clause 39 clause 37 (EnforcementRemedies and Waivers) of the Original Facility Facilities Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 31 (Notices), Clause 34 33 (Partial Invalidityinvalidity), Clause 35 34 (RemediesRemedies and waivers), Waivers and ConflictsClause 40 (Enforcement) and Clause 39 41 (EnforcementWavier of Jury Trial) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 clause 33 (Partial Invalidity), Clause 35 clause 34 (RemediesRemedies and waivers), Waivers and Conflictsclause 37 (Governing Law) and Clause 39 clause 38 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 (Partial Invalidityinvalidity), Clause 35 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 33 (Notices), Clause 34 35 (Partial Invalidity), Clause 35 36 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 41 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” and “any Finance Document” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 30 (Notices), Clause 34 32 (Partial Invalidity), Clause 35 33 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 38 (Enforcement) of the Original Existing Syndicated L/G Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 (Partial Invalidity), Clause 35 (RemediesRemedies and waivers), Waivers and ConflictsClause 38 (Governing Law) and Clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 33 (Notices), Clause 34 35 (Partial Invalidity), Clause 35 36 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 40 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "‘‘this Agreement" ’’ or ‘‘the Finance Documents’’ are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 34 (Notices), Clause 34 clause 36 (Partial Invalidity), Clause 35 clause 37 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 clause 42 (Enforcement) of the Original Facility Facilities Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 33 (Notices), Clause 34 35 (Partial Invalidity), Clause 35 36 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 41 (Enforcement) of the Original Facility Facilities Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” or “any Finance Document” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 31 (Notices), Clause 34 clause 33 (Partial Invalidity), Clause 35 clause 34 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 clause 38 (Enforcement) of the Original Restated Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement herein and as if references in these clauses therein to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 34 (Notices), Clause 34 clause 36 (Partial Invalidity), Clause 35 clause 37 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 28 (Notices), Clause 34 30 (Partial Invalidity), Clause 35 31 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 36 (Enforcement) of the Original Third Amended Facility Agreement shall be incorporated into this Agreement Deed as if set out in full in this Agreement Deed and as if references in these those clauses to "“this Agreement" ” are references to this AgreementDeed.

Incorporation of Terms. The provisions of Clause clause 32 (Notices), Clause clause 34 (Partial Invalidity), Clause clause 35 (RemediesRemedies and Waivers), Waivers clause 36 (Amendments and ConflictsWaivers) and Clause clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement Deed as if set out in full in this Agreement Deed and as if references in these those clauses to "this Agreement" or "the Finance Documents" or any Finance Document are references to this AgreementDeed.

Incorporation of Terms. The provisions of Clause 32 35.1 (NoticesBINDING AGREEMENT), Clause 34 39 (Partial Invalidity)REMEDIES AND WAIVERS, Clause 35 (Remedies, Waivers and ConflictsPARTIAL INVALIDITY) and Clause 39 43 (EnforcementGOVERNING LAW AND JURISDICTION) of the Original Facility Senior Facilities Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 34 (Notices), Clause 34 clause 36 (Partial Invalidity), Clause 35 clause 37 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 clause 42 (Enforcement) of the Original Facility Facilities Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 34 (NoticesRemedies and waivers), Clause 34 clause 33 (Partial Invalidity), Clause 35 clause 37 (RemediesGoverning Law), Waivers and Conflicts) and Clause 39 clause 38 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 35 (NoticesRemedies and waivers), Clause clause 34 (Partial Invalidity), Clause 35 clause 40 (Remedies, Waivers and ConflictsGoverning Law) and Clause 39 clause 41 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 29 (Notices), Clause 34 32 (Partial Invalidity), Clause 35 33 (RemediesRemedies and waivers), Waivers and Conflicts) Clause 37 (Enforcement), and Clause 39 38 (EnforcementService of Process) of the Original Facility Agreement shall be incorporated into this Agreement Deed amended as if set out in full in this Agreement and as if references in these clauses to "this Agreement" are references to this AgreementDeed.

Incorporation of Terms. The provisions of Clause 32 clause 31 (Notices), Clause 34 clause 33 (Partial Invalidity), Clause 35 clause 34 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 clause 38 (Enforcement) of the Original Restated Facility Agreement shall be incorporated into this Amendment Agreement as if set out in full in this Agreement herein and as if references in these clauses therein to "“this Amendment Agreement" ” or “the Finance Documents” are references to this Amendment Agreement.

Incorporation of Terms. The provisions of Clause clause 32 (Notices), Clause clause 34 (Partial Invalidity), Clause clause 35 (RemediesRemedies and waivers), Waivers and Conflictsclause 41 (Enforcement) and Clause 39 clause 42 (EnforcementContractual recognition of Bail-In) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to “the Finance Documents” or "this Agreement" (or similar) are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 30 (Notices), Clause 34 32 (Partial Invalidity), Clause 35 33 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 37 (Enforcement) of the Original Facility Agreement shall be incorporated into apply to this Agreement as if set out in full in this Agreement mutatis mutandis and as if references in these those clauses to "“this Agreement" are ” or any Finance Document were references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 34 (NoticesRemedies and waivers), Clause 34 33 (Partial Invalidity), Clause 35 38 (Remedies, Waivers and ConflictsGoverning Law) and Clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 clause 36 (Notices), Clause 34 clause 38 (Partial Invalidityinvalidity), Clause 35 clause 39 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 clause 46 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to this Agreement.

Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 (Partial Invalidityinvalidity), Clause 35 (Remedies, Waivers Remedies and Conflictswaivers) and Clause 39 40 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "“this Agreement" ” or “the Finance Documents” are references to the Original Facility Agreement as amended by this AgreementAgreement and as if references in those clauses to “Party” and “Lender” include the New Lenders (if any).

Incorporation of Terms. The provisions of Clause clause 32 (Notices), Clause clause 34 (Partial Invalidity), Clause clause 35 (Remedies, Waivers Remedies and ConflictsWaivers) and Clause 39 clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these those clauses to "this Agreement" or "the Finance Documents" are references to this Agreement.