Common use of Reaffirmation and Confirmation Clause in Contracts

Reaffirmation and Confirmation. Borrower hereby (a) acknowledges and reaffirms its obligations as set forth in the Loan Documents; (b) agrees to continue to comply with, and be subject to, all of the terms, provisions, conditions, covenants, agreements and obligations set forth in the Loan Documents, each of which remains in full force and effect; and (c) confirms, ratifies and reaffirms that the security interest granted to Lender in the collateral pursuant to the Loan Documents in order to secure Borrower’s prompt payment of the Notes and Borrower’s performance under the Loan Documents, is continuing and is and shall remain unimpaired and shall continue to constitute a first priority security interest in favor of Lender, with the same force, effect and priority in effect both immediately prior to and after entering into this Amendment. Lender’s security interest in and to the collateral described in the Loan Documents has attached and continues to attach to all such collateral and no further act on the part of Lender is necessary to continue such security interest. Should any term or provision of the Loan Agreement, Notes or other Loan Documents conflict with the terms or provisions contained in this Amendment, the terms and provisions of this Amendment shall be controlling. This Amendment is not intended to be, nor shall it be construed to be, a novation or an accord and satisfaction of any other obligation or liability of Borrower to Lender.

Reaffirmation and Confirmation. Borrower hereby (a) acknowledges and reaffirms its obligations as set forth in the Loan Documents; (b) agrees to continue to comply with, and be subject to, all of the terms, provisions, conditions, covenants, agreements and obligations set forth in the Loan Documents, each of which remains in full force and effect; and (c) confirms, ratifies and reaffirms that the security interest granted to Lender in the collateral Collateral pursuant to the Loan Documents in order to secure Borrower’s prompt payment of the Notes and Borrower’s performance under the Loan Documents, is continuing and is and shall remain unimpaired and shall continue to constitute a first priority security interest (subject to Permitted Liens) in favor of Lender, with the same force, effect and priority in effect both immediately prior to and after entering into this Amendment. Lender’s security interest in and to the collateral described in the Loan Documents Collateral has attached and continues to attach to all such collateral Collateral and no further act on the part of Lender is necessary to continue such security interest. Should any term or provision of the Loan Agreement, Notes or other Loan Documents conflict with the terms or provisions contained in this Amendment, the terms and provisions of this Amendment shall be controlling. This Amendment is not intended to be, nor shall it be construed to be, a novation or an accord and satisfaction of any other obligation or liability of Borrower to Lender.

Reaffirmation and Confirmation. Borrower The Transaction Parties hereby (a) acknowledges acknowledge and reaffirms its reaffirm their respective obligations as set forth in the Loan Documents; each Transaction Document, (b) agrees agree to continue to comply with, and be subject to, all of the terms, provisions, conditions, covenants, agreements and obligations applicable to them set forth in the Loan Documentseach Transaction Document, each of which remains remain in full force and effect; , and (c) confirmsconfirm, ratifies ratify and reaffirms reaffirm that the security interest granted to Lender in the collateral Collateral Agent, for the benefit of the Buyers, pursuant to the Loan Transaction Documents in all of their right, title, and interest in all then existing and thereafter acquired or arising Collateral in order to secure Borrower’s prompt payment and performance of the Notes and Borrower’s performance obligations under the Loan Transaction Documents, is continuing and is and shall remain unimpaired and shall continue to constitute a first priority security interest subject to Permitted Liens in favor of Lenderthe Collateral Agent, for the benefit of the Buyers, with the same force, effect and priority in effect both immediately prior to and after entering into this AmendmentAgreement, the Additional Securities Purchase Agreement, and the other Transaction Documents (as defined in the Additional Securities Purchase Agreement), in each case, entered into on or as of the date hereof. LenderThe Collateral Agent’s security interest in and to the collateral described in Collateral of the Loan Documents Transaction Parties has attached and continues to attach to all such collateral Collateral to the same extent that such security interest was attached immediately prior to the effectiveness of this Agreement, and no further act on the part of Lender the Collateral Agent or the Transaction Parties is necessary to continue such security interest. Should any term or provision of the Loan Agreement, Notes or other Loan Documents conflict with the terms or provisions contained in this Amendment, the terms and provisions of this Amendment shall be controlling. This Amendment is not intended to be, nor shall it be construed to be, a novation or an accord and satisfaction of any other obligation or liability of Borrower to Lender.