Common use of Reference to and Effect Clause in Contracts

Reference to and Effect. on the Credit Agreement and the Other Credit Documents. (a) On and after the Third Amendment Effective 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 Credit Documents and the Related Agreements 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. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) This Amendment is hereby designated as a Credit Document. (c) Except as expressly set forth herein, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the Third Amendment Effective Date and Company shall LEGAL_US_E # 150946042.5 not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (d) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent, the Collateral Agent or the Paying Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.

Reference to and Effect. on the Credit Agreement and the Other Credit Documents. (a) On and after the Third Fifth Amendment Effective 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 Credit Documents and the Related Agreements 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. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) This Amendment is hereby designated as a Credit Document. (c) Except as expressly set forth hereinherein and that certain Amendment No. 1 to the Security Agreement, dated as of the date hereof, by and between the Company and the Administrative Agent, no other amendments, changes or modifications to the Credit Agreement and each other Credit Document are intended or implied, and in all other respects the Credit Agreement and each other Credit Document are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated and confirmed by all parties hereto as of the Third Fifth Amendment Effective Date and Company shall LEGAL_US_E # 150946042.5 not be entitled to any other further amendment by virtue of the provisions of this Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (d) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent, the Collateral Agent or the Paying Agent under the Credit Agreement, nor constitute a waiver of any provision of the Credit Agreement.

Reference to and Effect. on the Existing Credit Agreement, Amended Credit Agreement and the Other Credit Loan Documents. (a) On and after the Third Amendment No. 5 Effective Date, each reference in the Existing Credit Agreement and the Amended Credit Agreement to “this Agreement”, ,” “hereunder”, ,” “hereof” or words of like import referring to the Existing Credit Agreement, and each reference in the Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Amended Credit Agreement, as amended by Agreement in accordance with this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) This Amendment is hereby designated as a Credit Document. (c) Except as expressly set forth herein, no other amendments, changes or modifications to the The Amended Credit Agreement and each of the other Credit Document are intended or impliedLoan Documents, and in all other respects the Credit Agreement and each other Credit Document as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated ratified and confirmed by all parties hereto as confirmed. Without limiting the generality of the Third Amendment Effective Date foregoing, the Security Agreement and Company shall LEGAL_US_E # 150946042.5 not be entitled to any other further amendment by virtue all of the provisions Collateral described therein do and shall continue to secure the payment of this Amendment or with respect to all Obligations of the subject matter of Loan Parties under the Loan Documents, in each case, as amended by this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit Documents, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (dc) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent, the Collateral Agent Lender or the Paying Agent under any of the Credit AgreementLoan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document. (d) By its execution and delivery of this Amendment, each Loan Party (i) hereby consents to the execution, delivery and performance of this Amendment, including the effectiveness of the Amended Credit Agreement, and agrees that each reference to the Existing Credit Agreement in the Loan Documents shall, on and after the Amendment No. 5 Effective Date, be deemed to be a reference to the Amended Credit Agreement; (ii) hereby acknowledges and agrees that, after giving effect to this Amendment and the Amended Credit Agreement, all of its respective obligations and liabilities under the Loan Documents to which it is a party, as such obligations and liabilities have been amended by this Amendment and the Amended Credit Agreement, are reaffirmed, and remain in full force and effect; (iii) ratifies and reaffirms its guarantee of the Obligations pursuant to the Guaranty and (iv) reaffirms each prior Lien and security interest granted by it to the Collateral Agent for the benefit of the Secured Parties under each of the Loan Documents to which it is a party, which Liens and security interests shall continue in full force and effect during the term of the Amended Credit Agreement and shall continue to secure the Secured Obligations (after giving effect to this Amendment and the Amended Credit Agreement), in each case, on and subject to the terms and conditions set forth in this Amendment and the Amended Credit Agreement, and the other Loan Documents. This Amendment and the Amended Credit Agreement shall not constitute a novation of the Existing Credit Agreement or any of the Loan Documents. (e) From and after the Amendment No. 5 Effective Date, this Amendment shall be deemed a Refinancing Amendment and a Loan Document for all purposes under the Amended Credit Agreement and the other Loan Documents.

Reference to and Effect. on the Existing Credit Agreement and the Other Credit Loan Documents. (a) On and after the Third Amendment Effective 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 Credit Documents and the Related Agreements 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. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) This Amendment is hereby designated as a Credit Document. (c) Except as expressly set forth herein, no other amendmentsthis Amendment (i) shall not by implication or otherwise limit, changes impair, constitute a waiver of, or modifications to otherwise affect the rights and remedies of the Lenders, the Agent or the Borrower under the Existing Credit Agreement and each or any other Credit Document are intended or impliedLoan Document, and (ii) shall not alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document, all of which are ratified and affirmed in all other respects and shall continue in full force and effect. Without limiting the Credit Agreement generality of the foregoing, the Collateral Documents and each other Credit Document are all of the Collateral described therein do and shall continue to be secure the payment of all Obligations of the Loan Parties under the Loan Documents, in full force each case, as amended by this Amendment. The Borrower hereby consents to this Amendment and effect and are hereby in confirms that all respects specifically ratified, restated and confirmed by all of its obligations under the Loan Documents to which it is a party shall continue to apply to the Credit Agreement. The parties hereto as acknowledge and agree that (i) the amendment of the Third Existing Credit Agreement pursuant to this Amendment shall not constitute a novation of the Existing Credit Agreement and the other Loan Documents as in effect prior to the Sixth Amendment Effective Date and Company shall LEGAL_US_E # 150946042.5 not be entitled (ii) after giving effect to this Amendment, no Default or Event of Default exists as a result of any other further amendment by virtue of the provisions of this the Existing Credit Agreement referred to in clause (i) of the lead-in paragraph to Section 2 hereof. (b) On and after the Sixth Amendment or with respect to the subject matter of this Amendment. To the extent of conflict between the terms of this Amendment and the other Credit DocumentsEffective Date, the terms of this Amendment shall control. The Credit Agreement and this Amendment shall be read and construed as one agreement. (d) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent, the Collateral Agent or the Paying Agent under the Credit Agreement, nor for all purposes constitute a waiver of any provision of the Credit AgreementLoan Document.

Reference to and Effect. on the Credit Agreement and the Other Credit Loan Documents.; (a) On and after the Third Second Amendment Effective 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 Credit Documents and the Related Agreements to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment. This Amendment is hereby designated as a Credit Document for all purposes of the Credit Documents. (b) This Amendment is hereby designated as a Credit Document. (c) Except as expressly set forth herein, no other amendments, changes or modifications to the The Credit Agreement and each of the other Credit Document are intended or impliedLoan Documents, and in all other respects the Credit Agreement and each other Credit Document as specifically amended by this Amendment, are and shall continue to be in full force and effect and are hereby in all respects specifically ratified, restated ratified and confirmed by all parties hereto as confirmed. Without limiting the generality of the Third Amendment Effective Date foregoing, the Security Documents and Company shall LEGAL_US_E # 150946042.5 not be entitled to any other further amendment by virtue all of the provisions Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case, as amended by this Amendment. (c) The Borrower expressly acknowledges and agrees that (i) there has not been, and this Amendment does not constitute or establish, a novation with respect to the subject matter Credit Agreement or any of this Amendment. To the extent of conflict between other Loan Documents, or a mutual departure from the terms of strict terms, provisions, and conditions thereof, other than as explicitly set forth herein, and (ii) nothing in this Amendment shall affect or limit Agent’s or the Lenders’ right to demand payment of liabilities owing from Borrower to Agent or the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Amended Credit Agreement and the other Credit Loan Documents, to exercise any and all rights, powers, and remedies under the terms of this Amendment shall control. The Amended Credit Agreement or the other Loan Documents or at law or in equity, or to do any and this Amendment shall be read and construed as one agreementall of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Amended Credit Agreement or the other Loan Documents. (d) Each Loan Party hereby restates, ratifies, and reaffirms each and every term, covenant, and condition set forth in the Amended Credit Agreement and the other Loan Documents to which it is a party effective as of the Second Amendment Effective Date. (e) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender, the Administrative Agent, the Collateral Agent Lender or the Paying Agent under any of the Credit AgreementLoan Documents, nor constitute a waiver of any provision of any of the Credit AgreementLoan Documents.