Common use of Reference to and Effect on the Credit Agreement and the Notes Clause in Contracts

Reference to and Effect on the Credit Agreement and the Notes. On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to "the Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Credit Documents. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or waiver of any right, power or remedy of any Lender or any Agent under any of the Credit Documents, nor constitute an amendment or waiver of any provision of any of the Credit Documents.

Reference to and Effect on the Credit Agreement and the Notes. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Loan Documents to "“the Credit Agreement"”, "“thereunder"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. , and this Amendment shall be deemed to be a Loan Document. (b) The Credit Agreement, Agreement and the Notes and each of the other Credit Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Credit Documents. . (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Credit DocumentsAgreement or any other Loan Document, nor constitute an amendment or a waiver of any provision of any of the Credit DocumentsAgreement or any other Loan Document.

Reference to and Effect on the Credit Agreement and the Notes. On and after the effectiveness of this AmendmentJoinder Agreement, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Loan Documents to "“the Credit Agreement"”, "“thereunder"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended modified by this AmendmentJoinder Agreement. The Credit Agreement, the Notes and each of the other Credit Loan Documents, as specifically amended modified by this AmendmentJoinder Agreement, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Credit Documents. The execution, delivery and effectiveness of this Amendment Joinder Agreement shall not, except as expressly provided herein, operate as an amendment or waiver of any right, power or remedy of any Lender or any Agent under any of the Credit Loan Documents, nor constitute an amendment or waiver of any provision of any of the Credit Loan Documents. The Successor Borrower hereby expressly acknowledges the terms of this Joinder Agreement and reaffirms, as of the effectiveness of this Joinder Agreement, (i) the covenants and agreements contained in each Loan Document to which it is a party and (ii) its grant of Liens on the Collateral to secure the Cash Flow Facilities Obligations pursuant to the Security Documents.

Reference to and Effect on the Credit Agreement and the Notes. (a) The parties to this Amendment acknowledge and agree that the Lenders parties to this Amendment are the only Lenders parties to the Credit Agreement after giving effect to this Amendment. (b) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to "“the Credit Agreement"”, "“thereunder"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. . (c) The Credit Agreement, Agreement and the Notes and each of the other Credit DocumentsNotes, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Credit Documents. . (d) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any the Agent under any of the Credit DocumentsAgreement, nor constitute an amendment or a waiver of any provision of any of the Credit DocumentsAgreement.

Reference to and Effect on the Credit Agreement and the Notes. On and after the effectiveness of this AmendmentEffective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to "the Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties Obligors under the Credit Documents, in each case as amended by this Amendment. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any Agent under any of the Credit Documents, nor constitute an amendment or a waiver of any provision of any of the Credit Documents. Each Guarantor ratifies and confirms its Guarantee as in full force and effect after giving effect to the amendments and waivers herein set forth and to any prior amendment or waiver to the Credit Agreement.

Reference to and Effect on the Credit Agreement and the Notes. (a) On and after the effectiveness of this AmendmentAmendment No. 6 and Waiver, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Loan Documents to "“the Credit Agreement"”, "“thereunder"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAmendment No. 6 and Waiver. (b) The Credit Agreement, the Notes and each of the other Credit Loan Documents, as specifically amended by this AmendmentAmendment No. 6 and Waiver, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Loan Parties under the Credit Loan Documents, in each case as amended by this Amendment No. 6 and Waiver. (c) The execution, delivery and effectiveness of this Amendment No. 6 and Waiver shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any the Administrative Agent under any of the Credit Loan Documents, nor constitute an amendment or a waiver of any provision of any of the Credit Loan Documents.

Reference to and Effect on the Credit Agreement and the Notes. On and after the effectiveness of this AmendmentEffective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Loan Documents to "the Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. The Credit Agreement, the Notes and each of the other Credit Loan Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Credit Documents. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any Agent under any of the Credit Loan Documents, nor constitute an amendment or a waiver of any provision of any of the Loan Documents. Each Guarantor ratifies and confirms its Guarantee as in full force and effect after giving effect to the amendments and waivers herein set forth and to any prior amendment or waiver to the Credit DocumentsAgreement.

Reference to and Effect on the Credit Agreement and the Notes. (a) On and after the effectiveness of this AmendmentAmendment No. 1 pursuant to Section 2, each reference in the Credit Agreement to "“this Agreement"”, "“hereunder"”, "“hereof" ” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to "“the Credit Agreement"”, "“thereunder"”, "“thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this AmendmentAmendment No. 1 and each reference to a Section of the Credit Agreement shall refer to such Section as amended hereby. (b) The Credit Agreement, Agreement and the Notes and each of the other Credit DocumentsNotes, as specifically amended by this AmendmentAmendment No. 1, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Credit Documents. . (c) The execution, delivery and effectiveness of this Amendment No. 1 shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any the Agent under any of the Credit DocumentsAgreement, nor constitute an amendment or a waiver of any provision of any of the Credit DocumentsAgreement.

Reference to and Effect on the Credit Agreement and the Notes. (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "“this Agreement", ",” “hereunder", ",” “hereof" ” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to "“the Credit Agreement"”, "“thereunder", ",” “thereof" ” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. . (b) The Credit Agreement, Agreement and the Notes and each of the other Credit DocumentsNotes, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Credit Documents. . (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any the Agent under any of the Credit DocumentsAgreement, nor or constitute an amendment or a waiver of any provision of any the Credit Agreement. (d) Each of the Agent and the Required Lenders signatory hereto hereby agrees and confirms that, for purposes of determining whether any “Material Adverse Change” or “Material Adverse Effect” exists or has occurred or will or may occur, with respect to any representation, covenant or agreement or for any other purpose under the Credit DocumentsAgreement or this Amendment, any and all effects of a GM Event shall be disregarded.

Reference to and Effect on the Credit Agreement and the Notes. On and after the effectiveness of this AmendmentEffective Date, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to "the Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Security Documents and all of the Collateral collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties Obligors under the Credit Documents, in each case as amended by this Amendment. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any Agent under any of the Credit Documents, nor constitute an amendment or a waiver of any provision of any of the Credit Documents. Each Guarantor ratifies and confirms its Guarantee as in full force and effect after giving effect to the amendments and waivers herein set forth and to any prior amendment or waiver to the Credit Agreement.

Reference to and Effect on the Credit Agreement and the Notes. On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to "the Credit Agreement", "thereunder", "thereof" or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties under the Credit Documents. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or waiver of any right, power or remedy of any Lender or any Agent under any of the Credit Documents, nor constitute an amendment or waiver of any provision of any of the Credit Documents. Each Guarantor ratifies and confirms its Guaranty as in full force and effect after giving effect to the Amendment herein set forth.

Reference to and Effect on the Credit Agreement and the Notes. On and after the effectiveness of this Amendment, each reference in the Credit Agreement to "this Agreement", ," "hereunder", ," "hereof," or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Credit Documents to "the Credit Agreement", ," "thereunder", ," "thereof" or words of like similar import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. The Credit Agreement, the Notes and each of the other Credit Documents, as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Security Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Credit Parties Obligors under the Credit Documents. The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment or a waiver of any right, power or remedy of any Lender or any Agent under any of the Credit Documents, nor constitute an amendment or a waiver of any provision of any of the Credit Documents. Each Guarantor ratifies and confirms its Guarantee as in full force and effect after giving effect to the Amendment herein set forth.