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

Reference to and Effect on the Note Agreement. In connection with the foregoing, the Note Agreement is modified and amended and restated as set forth in Exhibit I, and each reference in the Note Agreements to “this Agreement”, “hereunder” and words of like import referring to the Note Agreement, and each reference in the Notes and in each related document and agreement to “the Agreement,” “thereunder” and words of like import referring to the Note Agreement, in each case shall mean and be a reference to the Amended and Restated Note Agreement. The Amended and Restated Note Agreement and the Notes, and all other related documents and agreements are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The Note Agreement shall be amended and restated hereby upon the execution and delivery of this Agreement by the Company and the Majority Holders, whereupon the same shall apply equally to all holders of Notes and shall be binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment and restatement.