Common use of Liquidity Facility Clause in Contracts

Liquidity Facility. The occurrence and continuance of an Event of ------------------ Default under the Liquidity Facility. B. By execution of the Consent relating to this Amendment, the Required Lenders authorize and direct the Administrative Agent, on behalf of the Lenders under the Credit Agreement, to enter into the Liquidity Agreement with the Credit Parties referred to therein and the Lenders under the Liquidity Facility, or the Administrative Agent for the Lenders under the Liquidity Facility, in substantially the form attached as Exhibit A. --------- C. Except as modified hereby, all of the terms and provisions of the Credit Agreement (and Exhibits and Schedules) remain in full force and effect. D. The Company agrees to pay all reasonable costs and expenses of the Administrative Agent in connection with the preparation, execution and delivery of this Amendment, including without limitation the reasonable fees and expenses of ▇▇▇▇▇ & ▇▇▇ ▇▇▇▇▇, PLLC. E. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and it shall not be necessary in making proof of this Amendment to produce or account for more than one such counterpart. F. This Amendment, and the Credit Agreement as amended hereby, shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina.

Liquidity Facility. The occurrence and continuance of an Event of ------------------ Default under the Liquidity Facility. B. By execution of the Consent relating to this Amendment, the Required Lenders authorize and direct the Administrative Agent, on behalf of the Lenders under the Credit Agreement, to enter into the Liquidity Intercreditor Agreement with the Credit Parties referred to therein and the Lenders under the Liquidity Facility, or the Administrative Agent for the Lenders under the Liquidity Facility, in substantially the form attached as Exhibit A. --------- C. Except as modified hereby, all of the terms and provisions of the Credit Agreement (and Exhibits and Schedules) remain in full force and effect. D. The Company agrees to pay all reasonable costs and expenses of the Administrative Agent in connection with the preparation, execution and delivery of this Amendment, including without limitation the reasonable fees and expenses of ▇▇▇▇▇ & ▇▇▇ ▇▇▇▇▇, PLLC. E. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and it shall not be necessary in making proof of this Amendment to produce or account for more than one such counterpart. F. This Amendment, and the Credit Agreement as amended hereby, shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina.