Common use of Release Clause in Contracts

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) a. In consideration of the Agent’s and Lenders’ agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentthe Obligors, on behalf of itself themselves and its each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter collectively referred to collectively hereinafter as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasesrelease, remises remise and forever discharges the Agentsdischarge Agent, and Lenders, each Lender and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (Agents, each Lender and all such other Persons being collectively hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreementother Loan Documents, or any of the other Loan Mortgage Documents or this Agreement or transactions thereunder or related thereto. (b) Each of Borrower b. Obligors understand, acknowledge and each Guarantor that executes this Amendment understands, acknowledges and agrees agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees c. Obligors agree that no fact, event, circumstance, evidence evidence, or transaction which could now be asserted asserted, or which may hereafter be discovered shall affect in any manner the final, absolute absolute, and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for of, among other good and valuable considerationthings, the receipt Administrative Agent’s, the Fronting Banks’ and sufficiency the Lenders’ execution and delivery of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, the Borrower, on behalf of itself and its successorsagents, assignsrepresentatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and other legal representatives assigns (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasesdischarges, remises and forever discharges to the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentsfullest extent permitted by law, each Lender Releasee from any and all such other Persons being hereinafter referred to collectively as the “Releasees” claims (including, without limitation, crossclaims, counterclaims, rights of set-off and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other claimsrepresentatives of each of the foregoing (collectively, counterclaimsthe “Releasees”), defensesbased in whole or in part on facts existing on or before the Amendment Effective Date, rights that relate to, arise out of set-offor otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrower, demands on the one hand, and liabilities whatsoever any or all of every name the Credit Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by the Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day date of receipt of any such Advances or other financial accommodations. In entering into this Amendment, the Borrower consulted with, and date has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 9 shall survive the termination of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a payment in full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such releaseAdvances. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of Effective on the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgeddate hereof, each of Borrower and each Guarantor that executes this AmendmentGuarantor, for itself and on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent and each Lender, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lenders would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to such Borrower or such Guarantor (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich such Borrower or such Guarantor ever had from the beginning of the world, which any Releasor may now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Documents Document, or transactions thereunder or related thereto. (b) Each of to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, each Borrower and each Guarantor hereby represents that executes it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” As to each and every Claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of New York), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Borrower and each Guarantor acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower and each Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cb) Each Borrower and each Guarantor, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Each Borrower and each Guarantor that executes this Amendment further agrees that no fact, event, circumstance, evidence it shall not dispute the validity or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature enforceability of the release set forth aboveCredit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If any Borrower, any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. (a) In consideration The Borrowers and each of the agreements Guarantors hereby acknowledges and confirms that (i) it does not have any grounds, and hereby agrees not to challenge (or to allege or to pursue any matter, cause or claim arising under or with respect to), in any case based upon acts or omissions of any of the Agents and or Lenders contained herein and for other good and valuable considerationoccurring prior to the date hereof or facts otherwise known to it as of the date hereof, the receipt effectiveness, genuineness, validity, collectibility or enforceability of the Loan Agreement or any of the other Loan Documents, the Obligations, the Liens securing such Obligations, or any of the terms or conditions of any Loan Document (it being understood that such acknowledgement and sufficiency confirmation does not preclude the Borrowers or the Guarantors from challenging the Agents’ or any Bank’s interpretation of which is any term or provision of the Loan Agreement or other Loan Document) and (ii) it does not possess (and hereby acknowledgedforever waives, each of Borrower and each Guarantor that executes this Amendmentremises, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises discharges and forever discharges holds harmless the Agents, and the Lenders, and their successors and assignsrespective affiliates, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessorsstockholders, directors, officers, employees, attorneys, employees, agents and other representatives and each of their respective heirs, executors, administrators, successors and assigns (Agentscollectively, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” Indemnified Parties”) from and individually as a “Releasee”)against, of and from all demandsagrees not to allege or pursue) any action, actions, causes cause of action, suitssuit, covenantsdebt, contractsclaim, controversiescounterclaim, agreementscross-claim, promisesdemand, sums defense, offset, opposition, demand and other right of moneyaction whatsoever, accountswhether in law, billsequity or otherwise (which it, reckoningsall those claiming by, damages and any and all other claimsthrough or under it, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected its successors or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, holdassigns, have or claim to have may have) against the Releasees Indemnified Parties, or any of them forthem, upon, or by reason of of, any circumstance, actionmatter, cause or thing whatsoever which arises at any time whatsoever, with respect to events or omissions occurring or arising on or prior to the day date hereof and date of this Amendment, in any way related relating to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, Loan Agreement or any of the other Loan Documents (including, without limitation, with respect to the payment, performance, validity or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach enforceability of the provisions Obligations, the Liens securing the Obligations or any or all of the terms or conditions of any Loan Document) or any transaction relating thereto; provided, however, that no Borrower nor Guarantor hereby releases or holds harmless any Indemnified Party for actions or omissions by any such Indemnified Party constituting, or losses or expenses directly resulting from, the gross negligence or willful misconduct of such releaseIndemnified Party as determined by a final judgment of a court of competent jurisdiction. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Administrative Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower Parent and each Guarantor that executes this AmendmentSubsidiary of Parent, on behalf of itself and itself, its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAdministrative Agent, and Lenders, ▇▇▇▇▇ Fargo, ▇▇▇▇▇ Fargo Capital Finance, LLC and ▇▇▇▇▇ Fargo Capital Finance, Inc. and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives and their affiliates, subsidiaries and divisions engaged in the provision of financial services to Borrower and any of its subsidiaries (AgentsAdministrative Agent, each Lender Lender, ▇▇▇▇▇ Fargo, ▇▇▇▇▇ Fargo Capital Finance, LLC and ▇▇▇▇▇ Fargo Capital Finance, Inc. and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Parent or such Subsidiary or any Releasor of their successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises has arisen at any time on or prior to the day and date of this AmendmentAmendment for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower Parent and each Guarantor that executes this Amendment Subsidiary of Parent understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower Parent and each Guarantor that executes this Amendment Subsidiary of Parent agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration Each Loan Party hereby acknowledges and agrees that the Obligations under the Credit Agreement and the other Loan Documents are payable pursuant to the Credit Agreement and the other Loan Documents as modified hereby without defense, offset, withholding, counterclaim, or deduction of any kind. (b) Effective on the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgeddate hereof, each of Borrower Loan Party, for itself and each Guarantor that executes this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges each member of the AgentsLender Group, each Bank Product Provider, and Lenderseach of their respective Affiliates, and each of their respective successors and assignsin title, and their past, present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lenders would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to such Loan Party (each a "Releasee" and collectively, the “"Releasees” and individually as a “Releasee”"), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a "Claim" and collectively, damages and any and all other claimsthe "Claims"), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim such Loan Party ever had from the beginning of the world to have against the Releasees or any of them for, upondate hereof, or by reason of now has, against any circumstancesuch Releasee which relates, action, cause directly or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in any of the other Loan Documents or transactions thereunder in this Amendment. As to each and every Claim released hereunder, each Loan Party hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." As to each and every Claim released hereunder, each Loan Party also waives the benefit of each other similar provision of applicable federal or related state law (including without limitation the laws of the state of California), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. (b) . Each of Borrower Loan Party each acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and each Guarantor agrees that executes this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each Loan Party, for itself and on behalf of Borrower its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Guarantor Releasee above that executes this Amendment agrees that no factit will not ▇▇▇ (at law, eventin equity, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner regulatory proceeding or otherwise) any Releasee on the finalbasis of any Claim released, absolute remised and unconditional nature discharged by such Person pursuant to the above release, If any Loan Party or any of its respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the release set forth aboveforegoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys' fees and costs incurred by such Releasee as a result of such violation.

Release. (a) In consideration of Effective on the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgeddate hereof, each of Borrower and each Guarantor that executes this AmendmentGuarantor, for itself and on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent and each Lender, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lenders would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to such Borrower or such Guarantor (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich such Borrower or such Guarantor ever had from the beginning of the world, which any Releasor may now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Documents Document, or transactions thereunder or related thereto. (b) Each of to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, each Borrower and each Guarantor hereby represents that executes it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” As to each and every Claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of New York), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Borrower and each Guarantor acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower and each Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cb) Each Borrower and each Guarantor, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Each Borrower and each Guarantor that executes this Amendment further agrees that no fact, event, circumstance, evidence it shall not dispute the validity or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature enforceability of the release set forth aboveCredit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If any Borrower, any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. (a) In Except to the extent otherwise provided in Section 2.1, in consideration of the agreements of the Agents Preferred Majority Holder, the Member, the General Partner, Parent and Lenders the Company contained herein in this Agreement and in any other Related Agreement and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each if the Shares have been redeemed in full pursuant to Article 6 or Article 7 of Borrower the Second Amended and each Guarantor that executes Restated Series A Certificate of Designation (including the receipt by the holders thereof of the aggregate Redemption Price), (a) this AmendmentAgreement and the Second Amended and Restated Series A Certificate of Designation shall automatically be terminated and be of no further force and effect and all obligations thereunder shall automatically be released and (b) (i) the Preferred Majority Holder, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsMember, the General Partner, Parent and Lenders, and their successors and assigns, the Company and their present and former shareholders, Affiliatesdirect and indirect owners, partners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, current or former directors, officers, attorneys, advisors, financial advisors, principals, employees, agents agents, managed funds representatives and other representatives (Agentsrepresentatives, each Lender together with all such person’s predecessors, successors, heirs, executors and assigns, and all persons acting by, through, under or in concert with any of them (all such other Persons persons or entities being hereinafter referred to collectively as the “Company Releasees” and individually as a “Company Releasee”) and (ii) the Member, the General Partner, Parent and the Company, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Preferred Majority Holder and its present and former shareholders, direct and indirect owners, partners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, current or former directors, officers, attorneys, advisors, financial advisors, principals, employees, agents, managed funds representatives and other representatives, together with such person’s predecessors, successors, heirs, executors and assigns, and all persons acting by, through, under or in concert with any of them (all such persons or entities being hereinafter referred to collectively as the “Holder Releasees” and individually as a “Holder Releasee”), in the case of each of clause (i) and (ii) above, of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, debts, liabilities, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, foreseen or unforeseen or liquidated or unliquidated, both at law and in equity, or upon contract or tort or under any state or federal law or otherwise (collectively, “Released Claims”), which the Preferred Majority Holder, the Company or any Releasor other party hereto, or any of their respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Company Releasees or Holder Releasees or any of them for(including, uponwithout limitation, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior other matter relating to the day and date Company, its affiliates or their operations), in each case, arising out of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Second Amended Credit Agreementand Restated Series A Certificate of Designation or the Preferred Securities. For the avoidance of doubt, or nothing herein shall release any of the other Loan Documents or transactions thereunder or related theretoacknowledgements, agreements and covenants under this Agreement that, pursuant to Section 2.1, survives termination hereof. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby fully, absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent and each Lender, and Lenders, and their its successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Borrower, or any Releasor of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or immediately prior to the day and date effectiveness of this Amendment, in any way related to or in connection with this Amendment, Amendment under the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of . Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of . Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. Borrower hereby waives the provisions of California Civil Code section 1542, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentother Loan Party (by such other Loan Party's execution and delivery of the attached Consent and Reaffirmation), on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, Agent and Lenders, and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Borrower or such Loan Party or any Releasor of their successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment other Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment other Loan Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth aboveherein.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for of, among other good and valuable considerationthings, the receipt Administrative Agent’s, the Fronting Banks’ and sufficiency the Lenders’ execution and delivery of which is hereby acknowledgedthis Amendment, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successorsagents, assignsrepresentatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and other legal representatives assigns (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasesdischarges, remises and forever discharges to the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentsfullest extent permitted by law, each Lender Releasee from any and all such other Persons being hereinafter referred to collectively as the “Releasees” claims (including, without limitation, crossclaims, counterclaims, rights of set-off and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other claimsrepresentatives of each of the foregoing (collectively, counterclaimsthe “Releasees”), defensesbased in whole or in part on facts existing on or before the Amendment Effective Date, rights that relate to, arise out of set-offor otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, demands on the one hand, and liabilities whatsoever any or all of every name the Credit Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day date of receipt of any such Advances or other financial accommodations. In entering into this Amendment, each Borrower consulted with, and date has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 10 shall survive the termination of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a payment in full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such releaseAdvances. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentCompany, on behalf of itself and on behalf of each of its predecessors, successors, assignsparents, subsidiaries, shareholders, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agentsaffiliated and/or related companies, and Lenders, and their successors and assigns, and their each of its respective present and former officers, directors, shareholders, Affiliatesemployees, representatives, business entities, executors, administrators, conservators, assignors and assignees, hereby knowingly and voluntarily fully and forever absolutely and irrevocably waive, release and discharge Investor and its predecessors, successors, parents, subsidiaries, divisionsand affiliated and/or related companies and entities, predecessorsand each of their respective present and former officers, directors, officersshareholders, partners, members, employees, representatives, agents, attorneys, employeesadvisors, agents business entities, executors, administrators, conservators, assignors and other representatives (Agents, each Lender assignees and all such other Persons being hereinafter referred to collectively as the “Releasees” parties acting through, under or in concert with them, and individually as a “Releasee”)each of them, of in their individual and representative capacities, from any and all claims, charges, complaints, grievances, demands, liens, actions, suits, causes of action, suits, covenants, contractsobligations, controversies, agreementsdebts, promisescosts, sums of moneyindemnity, accountsattorneys' fees, billsexpenses, reckoningsdamages, damages and any and all other claimsjudgments, counterclaimsorders, defenses, rights of set-off, demands and liabilities whatsoever of every name and naturewhatever kind and/or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, both at law and in equitywhich have existed or may have existed, or which do exist or which hereafter can, shall or may exist as of the date this Amendment is executed, including without limitation any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, that are based upon, connected with, or by reason otherwise arising out of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related relating to the Transaction Documents. Company expressly waives and relinquishes, to the fullest extent permitted by law, the provisions, rights and benefits conferred by any law that would limit the scope of the release provided above. Company acknowledges that it may hereafter discover facts in addition to or in connection different from those that it now knows to be true with this Amendment, respect to the Existing Credit Agreement, the Amended Credit Agreement, or any subject matters of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower claims released herein, and each Guarantor that executes this Amendment understands, acknowledges hereby stipulates and agrees that it has fully, finally, and forever settled and released any and all such claims, whether known or unknown, suspected or unsuspected, contingent or non-contingent, concealed or hidden, which now exist or heretofore existed upon any theory of law or equity now existing or coming into existence in the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any actionfuture, suit without regard to the discovery or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions existence of such releasedifferent or additional facts. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for of, among other good and valuable considerationthings, the receipt Administrative Agent’s, the Fronting Banks’ and sufficiency the Lenders’ execution and delivery of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, the Borrower, on behalf of itself and its successorsagents, assignsrepresentatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and other legal representatives assigns (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasesdischarges, remises and forever discharges to the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentsfullest extent permitted by law, each Lender Releasee from any and all such other Persons being hereinafter referred to collectively as the “Releasees” claims (including, without limitation, crossclaims, counterclaims, rights of set-off and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other claimsrepresentatives of each of the foregoing (collectively, counterclaimsthe “Releasees”), defensesbased in whole or in part on facts existing on or before the Amendment Effective Date, rights that relate to, arise out of set-offor otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrower, demands on the one hand, and liabilities whatsoever any or all of every name the Credit Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by the Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day date of receipt of any such Advances or other financial accommodations. In entering into this Amendment, the Borrower consulted with, and date has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 10 shall survive the termination of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a payment in full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such releaseAdvances. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentObligor, on behalf of itself and its successors, successors and assigns, and its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other legal representatives (Borrower, each Guarantor Obligor and all such other Persons being hereinafter referred to collectively as the “ReleasorsReleasing Parties” and individually as a “ReleasorReleasing Party”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and each of their respective successors and assigns, and their respective present and former shareholders, Affiliatesmembers, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, legal representatives and other representatives (AgentsAgent, each Lender Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from any and all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor Releasing Party or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Loan Agreement, or any of the other Loan Documents or any of the transactions thereunder hereunder or related theretothereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or transferred any interest in any Claims against any Releasee prior to the date hereof. (b) Each of Borrower and each Guarantor that executes this Amendment Obligor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Obligor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall will affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges each of the Agents, and Lenders, and their its successors and assigns, and their present its direct and former shareholdersindirect owners, Affiliatespartners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives representatives, and all persons acting by, through, under or in concert with any of them (Agents, each Lender the Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, both at law and in equity, which any Releasor Borrower or any of its respective successors, affiliates, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, Amendment or any of the other Loan Note Documents (as defined in the MSD Secured Note and the GA Secured Note) or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) In entering into this Amendment, each Borrower has consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the release set forth above does not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The release set forth herein shall survive the termination of this Amendment and the Note Documents and the payment in full of the Obligations (Note Documents and Obligations, each as defined in the MSD Secured Note and the GA Secured Note). (e) Each Borrower acknowledges and agrees that the release set forth above may not be changed, amended, waived, discharged or terminated orally.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentexecuting a Consent and Reaffirmation attached hereto, on behalf of itself and its successors, successors and assigns, and its present and former members, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “ReleasorsReleasing Parties” and individually as a “ReleasorReleasing Party”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and each of their respective successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, legal representatives and other representatives (AgentsAgent, each Lender Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor Releasing Party may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause cause, or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, any of the Amended Credit Agreement, Loan Documents or any of the other Loan Documents transactions hereunder or transactions thereunder or related theretothereunder. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders holders of Securities contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentCredit Party, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agentseach holder of Securities, and Lenders, and their its successors and assigns, and their its present and former shareholders, Affiliatespartners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives representatives, and all persons acting by, through, under or in concert with any of them (Agents, each Lender holder of Securities and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, both at law and in equity, which any Releasor Credit Party or any of its respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Securities Purchase Agreement, or any of the other Loan Transaction Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment Credit Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Credit Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) In entering into this Amendment, each Credit Party has consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the release set forth above does not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section shall survive the termination of this Amendment and the other Transaction Documents and the payment in full of the Notes. (e) Each Credit Party acknowledges and agrees that the release set forth above may not be changed, amended, waived, discharged or terminated orally.

Release. (a) In consideration of the covenants, agreements and undertakings of the Agents and Lenders contained herein and for other good and valuable considerationParties under this Agreement, effective upon the receipt and sufficiency satisfaction of which is hereby acknowledgedPIH’s obligations under Section 2 of this Agreement, each of Borrower and each Guarantor that executes this AmendmentParty, on behalf of itself and its successorsrespective present and former parents, assignssubsidiaries, affiliates, officers, directors, shareholders, members, successors and other legal representatives assigns (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), ) hereby absolutely, unconditionally and irrevocably releases, remises waives and forever discharges the Agents, other Party and Lenders, and their successors and assigns, and their its respective present and former shareholdersformer, Affiliatesdirect and indirect, parents, subsidiaries, divisionsaffiliates, predecessorsemployees, officers, directors, officersshareholders, attorneysmembers, employeesagents, agents representatives, permitted successors and other representatives permitted assigns (Agentscollectively, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), ) of and from any and all demands, actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, sums of moneyvariances, accountstrespasses, billsdamages, reckoningsjudgments, damages and any and all other extents, executions, claims, counterclaimsand demands, defenses, rights of set-off, demands and liabilities whatsoever of every name kind and naturenature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, both at law and in equitylaw, admiralty or equity (collectively, “Claims”), which any Releasor may of such Releasors ever had, now have, or hereafter owncan, holdshall, have or claim to may have against the Releasees or any of them such Releasees for, upon, or by reason of any circumstancematter, actioncause, cause or thing whatsoever which arises at any from the beginning of time on or prior to through the day and date of this AmendmentAgreement arising out of or relating to the MSA, in except for any way related Claims relating to rights and obligations preserved by, created by or in connection with otherwise arising out of this Amendment, Agreement (including the Existing Credit Agreement, the Amended Credit Agreement, or any rights and obligations under Section 7 of the other Loan Documents or transactions thereunder or related theretoMSA). (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Borrower and, by its execution of Borrower the Consent and Reaffirmation, Parent and each Guarantor that executes this AmendmentLoan Party other than Borrower, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, Parent, each Guarantor Loan Party other than Borrower and all such other Persons being hereinafter referred to collectively as the “"Releasors” " and individually as a “"Releasor”"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, Agent and Lenders, and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offsetoff, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAmendment for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment Releasor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Releasor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth aboveabove (Signature page follows.)

Release. (a) In consideration of the agreements of Administrative Agent and the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself itself, each of its Subsidiaries, and each of its and their respective successors, assigns, and other legal representatives (Borrower, each Guarantor such Borrower and all such other Persons being hereinafter hereafter referred to collectively as the “"Releasors” " and individually as a “"Releasor”"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Administrative Agent and the Agents, and Lenders, and each of their successors and assigns, and each of their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and agents, other representatives (Agents, each Administrative Agent and the Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands off and liabilities whatsoever whatsoever, including claims for breach of contract, (individually, a "Claim" and collectively, "Claims") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAmendment for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto; provided that nothing in this paragraph shall modify, amend, or terminate the Credit Agreement, any of the other Loan Documents, or any other contract or agreement to which a Releasor is a party or of which the Releasor is a beneficiary and further provided that nothing in this paragraph shall release, remise or discharge any Releasee from liability for future performance due under any such contracts or agreements or with respect to any demand deposit account. (b) Each of Borrower and each Guarantor that executes this Amendment Releasor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Releasor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for of, among other good and valuable considerationthings, the receipt Administrative Agent’s, the Fronting Banks’ and sufficiency the Lenders’ execution and delivery of which is hereby acknowledgedthis Amendment, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successorsagents, assignsrepresentatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and other legal representatives assigns (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasesdischarges, remises and forever discharges to the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentsfullest extent permitted by law, each Lender Releasee from any and all such other Persons being hereinafter referred to collectively as the “Releasees” claims (including, without limitation, crossclaims, counterclaims, rights of set-off and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other claimsrepresentatives of each of the foregoing (collectively, counterclaimsthe “Releasees”), defensesbased in whole or in part on facts existing on or before the Amendment Effective Date, rights that relate to, arise out of set-offor otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, demands on the one hand, and liabilities whatsoever any or all of every name the Credit Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day date of receipt of any such Advances or other financial accommodations. In entering into this Amendment, each Borrower consulted with, and date has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 9 shall survive the termination of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a payment in full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such releaseAdvances. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentObligor, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their its present and former members, managers, shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, legal representatives and other representatives (AgentsBorrower, each Lender Obligor and all such other Persons being hereinafter referred to collectively as the “Releasees” "Releasing Parties" and individually as a “"Releasing Party"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent, each Lender, and each of their respective successors and assigns, and their respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (Agent, Lenders and all such other Persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee”"), of and from any and all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor Releasing Party or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Loan Agreement, or any of the other Loan Documents or any of the transactions thereunder hereunder or related theretothereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or transferred any interest in any Claims against any Releasee prior to the date hereof. (b) Each of Borrower and each Guarantor that executes this Amendment Obligor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Obligor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall will affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) a. In consideration of the agreements of amounts to be paid by the Agents Company pursuant to the Employment Agreement entered into on [Date], by and Lenders contained herein between the Company and for other good and valuable considerationExecutive (the “Employment Agreement”), the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentExecutive, on behalf of itself himself/herself and its successorson behalf of his/her spouse, assignscivil union or domestic partner, and other legal representatives (Borrowerdependents, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)heirs, hereby absolutelyexecutors, unconditionally and irrevocably releasesdevisees, remises and forever discharges the Agentspersonal representatives, and Lendersadministrators, and their successors agents and assigns, irrevocably and unconditionally forever waives, releases, gives up and discharges the Company, its parent, affiliated and related companies (including but not limited to OptiNose, Inc.), all of its and their employee benefit plans and trustees, fiduciaries, administrators, sponsors and parties-in-interest of those plans, all of its and their past and present and former shareholdersemployees, Affiliates, subsidiaries, divisions, predecessorsmanagers, directors, officers, administrators, shareholders, members, investors, agents, attorneys, employeesinsurers, agents re-insurers and other representatives contractors acting in any capacity whatsoever (Agentswhether individually or in an official capacity on behalf of the Company), each Lender and all such other Persons being hereinafter referred to collectively as of its and their respective predecessors, heirs, personal representatives, successors and assigns (collectively, the “Releasees” and individually as a “ReleaseeReleased Parties”), of from any and from all debts, demands, actions, causes of action, suitsaccounts, covenants, contracts, controversiesagreements, agreementsclaims, damages, omissions, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands claims and liabilities whatsoever whatsoever, of every name and nature, known or unknown, suspected or unsuspected, accrued or unaccrued, liquidated or contingent, asserted or unasserted, both at in law and in equityequity (“Claims”), which any Releasor Executive ever had, now has, or may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or Released Parties by reason of any circumstancematter or cause whatsoever based on, actionrelated to, cause or thing whatsoever which arises at arising from any time on event that occurred before the date Executive signs this Agreement and based upon, related to or prior to the day and date arising out of this Amendment, or in any way related concerning Executive’s employment with the Company, the terms, conditions or privileges of Executive’s employment with the Company, Executive’s separation from employment with the Company, and any and all violations and/or alleged violations of federal, state or local human rights laws, fair employment practices and/or other laws by any of the Released Parties for any reason and under any legal theory including, but not limited to, those arising or which may be arising under, as applicable, Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), the Older Worker Benefit Protection Act (“OWBPA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), the Employee Polygraph Protection Act, the Worker Adjustment and Retraining Notification Act (“WARN”), the Family and Medical Leave Act (“FMLA”), the Coronavirus Aid, Relief and Economic Security Act (“CARES”), the Families First Coronavirus Relief Act (“FFCRA”), the American Rescue Plan Act, the Fair Labor Standards Act (“FLSA”), the Equal Pay Act of 1963 (“EPA”), the ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Fair Pay Act of 2010 (“Fair Pay Act”), the Genetic Information Nondiscrimination Act of 2008 (“▇▇▇▇”), the Rehabilitation Act, the Employee Polygraph Protection Act, the Electronic Communication Privacy Act, the Computer Fraud & Abuse Act, the Health Insurance Portability & Accountability Act (“HIPAA”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Occupational Safety and Health Act (“OSHA”), the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, the Fair Credit Reporting Act (“FCRA”), the National Labor Relations Act (“NLRA”), the Labor Management Relations Act (“LMRA”), the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), the Civil Rights Act of 1991, 42 U.S.C. §§ 1981, 1983, 1985, 1986 and 1988), the Pennsylvania Wage Payment & Collection Law, the Pennsylvania Human Relations Act, the Pennsylvania Labor Relations Act, the Pennsylvania Equal Pay Law, the Pennsylvania Minimum Wage Act, the Pennsylvania Workers’ Compensation Act, any personal gain with respect to any claim arising under the Federal False Claims Act, or any other federal, state or local laws, statutes, regulations, rules, ordinances, or orders, each as amended, or under any policy, agreement, contract, understanding or promise, written or oral, formal or informal, between any of the Released Parties and Executive and shall further apply, without limitation, to any and all Claims for breach of implied or express contract, breach of promise, breach of the covenant of good faith and fair dealing, misrepresentation, tortious interference with contract, civil conspiracy, negligence, fraud, estoppel, defamation, libel, misrepresentation, intentional infliction of emotional distress, violation of public policy, invasion of privacy, wrongful, retaliatory or constructive discharge, assault, battery, false imprisonment, negligence, and all other claims or torts, including any whistleblower claims, arising under any federal, state, or local law, regulation, ordinance or judicial decision, or under the United States and Pennsylvania Constitutions (the “General Release”). b. For the purpose of implementing a full and complete release, Executive understands and agrees that this Agreement is intended to include all claims, if any, which Executive or his/her spouse, civil union or domestic partner, dependents, heirs, executors, devisees, personal representatives, administrators, agents and assigns may have and which Executive does not now know or suspect to exist in his/her favor against the Released Parties, from the beginning of time until the time he/she signs this Agreement, and this Agreement extinguishes those claims. c. In consideration of the promises of the Company set forth in the Employment Agreement, Executive hereby releases and discharges the Released Parties from any and all Claims that Executive may have against the Released Parties arising under the Age Discrimination Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder (“ADEA”). Executive acknowledges that he/she understands that the ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. Executive also understands that, by signing this Agreement, he/she is waiving all Claims against any and all of the Released Parties. d. Executive understands that the laws and actions described above give Executive important remedies that relate to claims that he/she has or may have arising out of or in connection with this Amendmenthis/her employment with, or separation from employment from, the Existing Credit Company and agree that he/she is freely and voluntarily giving up those remedies and claims. By signing this Agreement, Executive agrees that he/she is irrevocably and unconditionally waiving the Amended Credit right to proceed with discovery concerning any released claim in any future litigation with any Released Party, if any. Executive also agrees that he/she is fully releasing all claims for equitable, punitive or other relief, attorney’s fees, and other fees and costs incurred up to the date Executive signs this Agreement for any reason. e. Executive represents and warrants that: (i) he/she is the lawful owner of all claims released through this Agreement; (ii) he/she has the beneficial interest in the payments and other benefits that he/she will receive under this Agreement; (iii) he/she has not assigned, and will not assign, any interest in any claim released through this Agreement; (iv) he/she has not filed, and is not and has not been subject to a voluntary or involuntary bankruptcy petition in the past three (3) years; (v) he/she is not a debtor in any pending bankruptcy case; (vi) no receiver, bankruptcy trustee or other third party may assert a right to any claim released through this Agreement or the payments and benefits to be tendered or provided under the Employment Agreement. Executive agrees that the foregoing representations and warranties shall survive the execution, performance and consummation or termination of this Agreement. Executive also agrees that he/she will fully indemnify and hold the Released Parties harmless to the extent any of the foregoing representations and warranties is or becomes untrue for any claims or damages, including attorneys’ fees, fines, costs, liquidated damages and punitive damages, asserted or awarded against any of the Released Parties and, should it be determined that any bankruptcy trustee or other Loan Documents third party has a right to the payments and benefits provided to Executive under the Employment Agreement, Executive immediately will return to the Company an amount equivalent to the full after-tax value of any such payments or transactions thereunder or related theretobenefits. (b) Each f. Executive warrants that he/she does not have any complaint pending before any federal, state or local court or arbitration panel concerning any Released Party. Executive further agrees not to file a lawsuit against any of Borrower the Released Parties in any federal, state or local court, or with any arbitration panel, concerning any claim, demand, issue or cause of action released through this Agreement, except to the extent specifically excluded below in Section 2 below and each Guarantor that executes its subparagraphs below. Should Executive file a lawsuit with any court or arbitration panel concerning any claim, demand, issue, or cause of action waived through this Amendment understandsAgreement and not specifically excluded as described in Section 2 below and its subparagraphs below, acknowledges and Executive agrees that he/she will be responsible to pay the legal fees and costs that the Released Parties incur defending that lawsuit. Further, Executive agrees that nothing in this Agreement shall limit the right of any court or arbitration panel to determine, in its sole discretion, that the Released Parties are entitled to restitution, recoupment or set off of any monies paid to Executive should the release set forth above may of any claims under this Agreement subsequently be pleaded as a full and complete defense and may found to be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such releaseinvalid. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders Lender Group contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, each Agent and Lenders, each Lender and their respective successors and assigns, and their present and former shareholders, Affiliatesits affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentseach Lender, each Lender Agent and all such other Persons being hereinafter referred to collectively as the “"Releasees” ," and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a "Claim," and collectively, "Claims") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Borrower or any of its successors, assigns, or other legal representatives, may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreementas amended hereby, or any of the other Loan Documents or this Agreement or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) Each Borrower, on behalf of itself and its respective successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrower pursuant to Section 10(a) of this Agreement. If any Borrower, or its respective successors, assigns, or other legal representatives violates the foregoing covenant, each Borrower, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys' fees and costs incurred by any Releasee as a result of such violation.

Release. (a) In consideration Effective as of the agreements of Closing (but only if the Agents and Lenders contained herein and Closing actually occurs), except for other good and valuable considerationany rights or obligations expressly set forth in this Agreement, the receipt other Transaction Documents or any Business Intercompany Contract that survives the Closing in accordance with the terms hereof and sufficiency of to which a Seller or a Retained Subsidiary is hereby acknowledgeda party after the Closing, each of Borrower and each Guarantor that executes this AmendmentBuyer, on behalf of itself and each of its successorsAffiliates (including the Acquired Entities) and each of its and their respective past, assignspresent and/or future officers, and directors, employees, agents, general or limited partners, managers, members, advisors, stockholders, equity holders, controlling Persons or other legal representatives Representatives, or any heir, executor, administrator, successor or assign of any of the foregoing (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “ReleasorBuyer Releasing Parties”), hereby absolutely, irrevocably and unconditionally and irrevocably releases, remises (i) releases and forever discharges the AgentsSeller, its Affiliates, and Lenderseach of their respective past, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessorsand/or future officers, directors, officers, attorneys, employees, agents and agents, partners, principals, managers, members, advisors, stockholders, equity holders, controlling Persons or other representatives representatives, or any heir, executor, administrator, successor or assign of any of the foregoing (Agentscollectively, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “ReleaseeSeller Released Parties”), ) of and from any and all demandslegal proceedings, actionsActions, causes of actionexecutions, suitsjudgments, covenantsduties, contractsdebts, controversies, agreements, promises, sums of moneydues, accounts, billsbonds, reckoningscontracts and covenants (whether express or implied), damages and any and all other claimsdemands whatsoever, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, suspected whether liquidated or unsuspectedunliquidated, both whether actual or contingent, whether at law and or in equity, whether in contract, tort, statute or otherwise, which the Buyer Releasing Parties have or may have against any Releasor may of the Seller Released Parties, previously, now or hereafter ownin the future, holdin each case, have in respect of any cause, matter or claim thing relating to have against this Agreement, the Releasees Transaction Documents, the Acquired Entities, the Business, the Purchased Assets, the Assumed Liabilities or any actions taken or failed to be taken by any of them for, upon, the Seller Released Parties in any capacity related thereto occurring or by reason of any circumstance, action, cause or thing whatsoever which arises arising at any time on or prior to the day and date of this AmendmentClosing Date, in any way related to or in connection with this Amendmentother than a claim by a Buyer Releasing Party that is a party hereto for Actual Fraud by a Seller Released Party that is a party hereto (the foregoing, the Existing Credit Agreement“Buyer Released Claims”), the Amended Credit Agreement(ii) covenants and agrees that it shall not bring, initiate or support, directly or indirectly, or permit any other Person to bring, initiate or support, directly or indirectly, any Buyer Released Claim and (iii) waives any rights under California Civil Code Section 1542 or any similar provision of Applicable Law; said Section 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. The Buyer Released Claims include claims for contribution or other rights of recovery arising out of or relating to any Environmental Law (whether now or hereinafter in effect), including the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq., or to any Hazardous Substances, claims for breach of contract, breach of representation or warranty, negligent misrepresentation and all other Loan Documents or transactions thereunder or related theretoclaims for breach of duty. (b) Each Effective as of Borrower the Closing (but only if the Closing actually occurs), except for any rights or obligations expressly set forth in this Agreement, the other Transaction Documents or any Business Intercompany Contract that survives the Closing in accordance with the terms hereof and to which Buyer, its Affiliate or a Acquired Entity is a party after the Closing, Seller, on behalf of itself and each Guarantor of its Affiliates (including the Retained Subsidiaries) and each of its and their respective past, present and/or future officers, directors, employees, agents, general or limited partners, managers, members, advisors, stockholders, equity holders, controlling Persons or other Representatives, or any heir, executor, administrator, successor or assign of any of the foregoing (collectively, the “Seller Releasing Parties”), hereby irrevocably and unconditionally (i) releases and forever discharges Buyer and its Affiliates, and each of their respective past, present and/or future officers, directors, employees, agents, partners, principals, managers, members, advisors, stockholders, equity holders, controlling Persons or other representatives, or any heir, executor, administrator, successor or assign of any of the foregoing (collectively, the “Buyer Released Parties”) of and from any and all legal proceedings, Actions, executions, judgments, duties, debts, dues, accounts, bonds, contracts and covenants (whether express or implied), and demands whatsoever, whether known or unknown, whether liquidated or unliquidated, whether actual or contingent, whether at law or in equity, whether in contract, tort, statute or otherwise, which the Seller Releasing Parties have or may have against any of the Buyer Released Parties, previously, now or in the future, in each case, in respect of any cause, matter or thing relating to this Agreement, the Transaction Documents, the Acquired Entities, the Business, the Purchased Assets, the Assumed Liabilities or any actions taken or failed to be taken by any of the Buyer Released Parties in any capacity related thereto occurring or arising at or prior to the Closing Date, other than a claim by a Seller Releasing Party that executes this Amendment understandsis a party hereto for Actual Fraud by a Buyer Released Party that is a party hereto (the foregoing, acknowledges the “Seller Released Claims”), (ii) covenants and agrees that the release set forth above may be pleaded as a full it shall not bring, initiate or support, directly or indirectly, or permit any other Person to bring, initiate or support, directly or indirectly, Seller Released Claim and complete defense and may be used as a basis (iii) waives any rights under California Civil Code Section 1542 or any similar provision of Applicable Law; said Section 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. The Seller Released Claims include claims for an injunction against any action, suit contribution or other proceeding which may be institutedrights of recovery arising out of or relating to any Environmental Law (whether now or hereinafter in effect), prosecuted including the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601, et seq., or attempted in to any Hazardous Substances, claims for breach of the provisions contract, breach of such releaserepresentation or warranty, negligent misrepresentation and all other claims for breach of duty. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration Each Loan Party hereby acknowledges and agrees that the Obligations under the Credit Agreement and the other Loan Documents are payable pursuant to the Credit Agreement and the other Loan Documents as modified hereby without defense, offset, withholding, counterclaim, or deduction of any kind. (b) Effective on the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgeddate hereof, each of Borrower Loan Party, for itself and each Guarantor that executes this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges each member of the AgentsLender Group, each Bank Product Provider, and Lenderseach of their respective Affiliates, and each of their respective successors and assignsin title, and their past, present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lenders would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to such Loan Party (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim such Loan Party ever had from the beginning of the world to have against the Releasees or any of them for, upondate hereof, or by reason of now has, against any circumstancesuch Releasee which relates, action, cause directly or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in any of the other Loan Documents or transactions thereunder in this Amendment. As to each and every Claim released hereunder, each Loan Party hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” As to each and every Claim released hereunder, each Loan Party also waives the benefit of each other similar provision of applicable federal or related state law (including without limitation the laws of the state of California), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. (b) . Each of Borrower Loan Party each acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and each Guarantor agrees that executes this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each Loan Party, for itself and on behalf of Borrower its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Guarantor Releasee above that executes this Amendment agrees that no factit will not ▇▇▇ (at law, eventin equity, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner regulatory proceeding or otherwise) any Releasee on the finalbasis of any Claim released, absolute remised and unconditional nature discharged by such Person pursuant to the above release. If any Loan Party or any of its respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the release set forth aboveforegoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. (a) In Except with respect to the rights of Borrower, Parent, and each Grantor expressly provided herein, in consideration of the agreements of the Agents Agent and Lenders each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower Borrower, Parent, and each Guarantor that executes this AmendmentGrantor, on behalf of itself and its successors, assigns, assigns and other legal representatives (each of Borrower, Parent, and each Guarantor Grantor and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, Agent and Lenderseach Lender, and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, Agent and each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) It is the intention of each of Borrower, Parent, and each Grantor that this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims they may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, each of Borrower, Parent, and each Grantor, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Each of Borrower Borrower, Parent, and each Guarantor Grantor, on behalf of itself and each other Releasor, acknowledges that executes it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each of Borrower, Parent, and each Grantor, on behalf of itself and each other Releasor, waives and releases any rights or benefits that it may have under Section 1542 to the full extent that it may lawfully waive such rights and benefits, and each of Borrower, Parent, and each Grantor, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by its attorney as to the significance and consequences of this Amendment waiver. (c) Each of Borrower, Parent, and each Grantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each of Borrower Borrower, Parent, and each Guarantor that executes this Amendment Grantor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration The Borrowers and each of the agreements Guarantors hereby acknowledges and confirms that (i) it does not have any grounds, and hereby agrees not to challenge (or to allege or to pursue any matter, cause or claim arising under or with respect to), in any case based upon acts or omissions of any of the Agents and or Lenders contained herein and for other good and valuable considerationoccurring prior to the date hereof or facts otherwise known to it as of the date hereof, the receipt effectiveness, genuineness, validity, collectibility or enforceability of the Loan Agreement or any of the other Loan Documents, the Obligations, the Liens securing such Obligations, or any of the terms or conditions of any Loan Document (it being understood that such acknowledgement and sufficiency confirmation does not preclude the Borrowers or the Guarantors from challenging the Agents' or any Bank's interpretation of which is any term or provision of the Loan Agreement or other Loan Document) and (ii) it does not possess (and hereby acknowledgedforever waives, each of Borrower and each Guarantor that executes this Amendmentremises, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises discharges and forever discharges holds harmless the Agents, and the Lenders, and their successors and assignsrespective affiliates, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessorsstockholders, directors, officers, employees, attorneys, employees, agents and other representatives and each of their respective heirs, executors, administrators, successors and assigns (Agentscollectively, each Lender the "Indemnified Parties") from and all such other Persons being hereinafter referred against, and agrees not to collectively as the “Releasees” and individually as a “Releasee”)allege or pursue) any action, of and from all demands, actions, causes cause of action, suitssuit, covenantsdebt, contractsclaim, controversiescounterclaim, agreementscross-claim, promisesdemand, sums defense, offset, opposition, demand and other right of moneyaction whatsoever, accountswhether in law, billsequity or otherwise (which it, reckoningsall those claiming by, damages and any and all other claimsthrough or under it, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected its successors or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, holdassigns, have or claim to have may have) against the Releasees Indemnified Parties, or any of them forthem, upon, or by reason of of, any circumstance, actionmatter, cause or thing whatsoever which arises at any time whatsoever, with respect to events or omissions occurring or arising on or prior to the day date hereof and date of this Amendment, in any way related relating to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, Loan Agreement or any of the other Loan Documents (including, without limitation, with respect to the payment, performance, validity or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach enforceability of the provisions Obligations, the Liens securing the Obligations or any or all of the terms or conditions of any Loan Document) or any transaction relating thereto; provided, however, that no Borrower nor Guarantor hereby releases or holds harmless any Indemnified Party for actions or omissions by any such Indemnified Party constituting, or losses or expenses directly resulting from, the gross negligence or willful misconduct of such releaseIndemnified Party as determined by a final judgment of a court of competent jurisdiction. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Administrative Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentLoan Party, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor Loan Party and all such other Persons being hereinafter hereafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, Administrative Agent and Lenders, and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, other representatives, and other representatives any consultants engaged by Administrative Agent and Lenders or their counsel (Agents, Administrative Agent and each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAmendment for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment Releasor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Releasor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) 5.1 In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower Parent and each Guarantor that executes this AmendmentBorrower, on behalf of itself itself, and its successors, assigns, assigns and other legal representatives (Borrower, each Guarantor Parent and Borrower and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and their its successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each 5.2 It is the intention of Parent and Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as shall constitute a full and complete defense final accord and satisfaction of all claims that may have or hereafter be used deemed to have against Releasees as a basis set forth herein. In furtherance of this intention, each of Parent and Borrower, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for an injunction against hereunder. Each of Parent and Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each of Parent and Borrower, on behalf of itself and each other Releasor, waives and releases any actionrights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, suit or and each of Parent and Borrower, on behalf of itself and each other proceeding which may be institutedReleasor, prosecuted or attempted in breach acknowledges that it understands the significance and consequences of the waiver of the provisions of such releaseSection 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Purchaser on its own behalf, and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, on behalf of itself and all of its successors, assigns, and other legal representatives (Borrowerpast, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, future directors, officers, attorneysmembers, employees, agents affiliates, shareholders, predecessors or successors, parent companies, wholly or partially owned direct or indirect subsidiaries and any other representatives (Agentsperson or company directly or indirectly controlling, each Lender controlled by or under direct or indirect common control with Purchaser, hereby releases and discharges Seller and all such of its heirs, attorneys, assigns, past, present and future directors, officers, members, employees, affiliates, shareholders, predecessors or successors, parent companies, wholly or partially owned direct or indirect subsidiaries and any other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”person or company directly or indirectly controlling, controlled by or under direct or indirect common control with Seller (collectively, Seller Affiliates), of and from all demandsthose claims, actions, complaints, causes of action, demands or suits, covenantsat law or in equity, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all or other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and natureliabilities, known or unknown, suspected including, but not limited to, any claims that were asserted, or unsuspectedcould have been asserted, both at law and in equityagainst Seller or any Seller Affiliates, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or that any of them forhas had, uponnow has, or hereafter can, shall or may have concerning (i) the representations and warranties made to Purchaser in the First Amended SPA, (ii) disclosure (or any omission thereof) made by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related to or Seller in connection with this Amendmentthe First Amended SPA and the transactions contemplated therein, the Existing Credit Agreement, the Amended Credit Agreement, or any or (iii) liabilities of the other Loan Documents Company or transactions thereunder its Subsidiaries (whenever arising) that became known or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that came to Purchaser’s attention after the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach date of the provisions of such releaseSPA. Purchaser hereby waives any claim that any prior act or omission by Seller gives rise to any right for Purchaser to rescind or terminate the First Amended SPA. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentWasabi (by executing the Confirmation attached hereto), on behalf of itself themselves and its their successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releasesrelease, remises remise and forever discharges the Agents, discharge Agent and Lenders, Lenders and their respective successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, the agents and other representatives (AgentsAgent and Lenders, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which Borrower or Wasabi or any Releasor of their respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents Amendment or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment Wasabi (by executing the Confirmation attached hereto) understands, acknowledges and agrees that the its release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Wasabi (by executing the Confirmation attached hereto) agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of Effective on the agreements of the Agents date hereof, Borrower, for itself and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges each member of the AgentsLender Group, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lender Group would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to Borrower (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich Borrower ever had from the beginning of the world to the date hereof, which any Releasor may now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents. As to each and every Claim released hereunder, Borrower hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” (b) As to each and every Claim released hereunder, Borrower also waives the benefit of each other Loan Documents similar provision of applicable federal or transactions thereunder or related state law, if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. (bc) Each of Borrower acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and each Guarantor agrees that executes this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each Borrower, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any claim released, remised and discharged by such Person pursuant to the above release. Borrower and each Guarantor that executes this Amendment further agrees that no fact, event, circumstance, evidence it shall not dispute the validity or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature enforceability of the release set forth aboveCredit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If Borrower or any of its successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through them violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. (a) a. In consideration of the Agent’s and Lenders’ agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentthe Obligors, on behalf of itself themselves and its each of their officers, employees, present and former shareholders, attorneys, agents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, anyone acting on their behalf and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter collectively referred to collectively hereinafter as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releasesrelease, remises remise and forever discharges the Agentsdischarge Agent, and Lenders, each Lender and their respective successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents and other representatives (Agents, each Lender and all such other Persons being collectively hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offoff or recoupment, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor or all of the Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreementother Loan Documents, or any of the other Loan Documents this Agreement or transactions thereunder or related thereto. (b) Each of Borrower b. Obligors understand, acknowledge and each Guarantor that executes this Amendment understands, acknowledges and agrees agree that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees c. Obligors agree that no fact, event, circumstance, evidence evidence, or transaction which could now be asserted asserted, or which may hereafter be discovered shall affect in any manner the final, absolute absolute, and unconditional nature of the release set forth above. d. Obligors represent, warrant and agree that no Claim has been assigned or transferred to any third party that, but for such assignment or transfer, would otherwise have been subject to the release in this Section 10.

Release. (a) In Effective from and after the Closing Date, in consideration of the agreements of the Agents and Lenders Parties contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentthe Borrower, on behalf of itself and its subsidiaries and Affiliates and their respective successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, each Participating Lender and Lenders, and their successors and assigns, and their its present and former shareholders, direct and indirect owners, partners, members, managers, consultants, Affiliates, direct and indirect subsidiaries, divisions, and each of their respective predecessors, current or former directors, officers, attorneys, advisors, financial advisors, principals, employees, agents agents, managed funds representatives and other representatives representatives, together with all such person’s predecessors, successors, heirs, executors and assigns, and all persons acting by, through, under or in concert with any of them, and their respective assets and properties (Agents, each Participating Lender and all such other Persons persons or entities being hereinafter referred to collectively as the “Participating Lender Releasees” and individually as a “Participating Lender Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, debts, liabilities, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever of every name and nature, whether known or unknown, contingent or mature, suspected or unsuspected, foreseen or unforeseen or liquidated or unliquidated, both at law and in equity, or upon contract or tort or under any state or federal law or otherwise (collectively, “Claims”) for or on account of, arising from or in relation to, or in any way in connection with the Existing Term Loan Credit Agreement, the Credit Documents (as defined in the existing Term Loan Credit Agreement), and the Exchange, which the Borrower or its subsidiaries or Affiliates, or any Releasor of their respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees any Participating Lender Releasee, other than any obligation arising under or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior pursuant to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Definitive Documents the Credit Documents (as defined in the Second Lien Credit Agreement), or any other documentation providing for implementation of the other Loan Documents or transactions thereunder or related theretoExchange. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of From and after the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgedCompany Merger Effective Time, each of Borrower and each Guarantor that executes this AmendmentShareholder, on behalf of itself and each of its successorsofficers, assignsdirectors, equity holders, Subsidiaries and Affiliates, and other legal representatives each of their respective heirs, beneficiaries, trustees, executors, administrators, Representatives, successors and assigns (Borrowersuch persons, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, fully and unconditionally and irrevocably releases, remises acquits and forever discharges discharges, to the Agentsfullest extent permitted by Law, Parent, its Subsidiaries and Lenders, Affiliates (including the Company and its Subsidiaries) and its and their successors and assignsrespective past, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessorsor future officers, directors, officers, attorneys, employees, agents counsel and other representatives agents, and the stockholders prior to Closing (Agentssuch persons, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of from and from against any and all demandsliabilities, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaimsdemands, defensesdamages, rights of set-offjudgments, demands debts, dues and liabilities whatsoever suits of every name kind, nature and naturedescription whatsoever, whether known or unknown, asserted or unasserted, suspected or unsuspected, absolute or contingent, unmatured or inchoate, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees Shareholders or any of them forthe Releasors ever had, uponnow has or may hereafter have against any of the Releasees, on or by reason of any circumstance, actionmatter, cause or thing whatsoever which arises at any time on or that arose prior to the day and date of this AmendmentCompany Merger Effective Time; provided, in however, that nothing herein shall be deemed to release (a) any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any right of the other Loan Documents Shareholders expressly set forth in this Agreement or transactions thereunder or related thereto. the right to receive the Merger Consideration to which it may be entitled pursuant to the Merger Agreement in accordance with the terms thereof, (b) Each any right of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release any Releasors set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach Section 6.10 of the provisions of such release. Merger Agreement, (c) Each of Borrower any claims that any Releasor may have under the IRRA and each Guarantor (d) any claims that executes this Amendment agrees that no fact, event, circumstance, evidence are not permitted to be released under applicable Law or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth aboveapplicable public policy.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, Investor on behalf of itself and its successorspast, assignspresent and future heirs, and subsidiaries, affiliates or other legal representatives (Borrowerentities, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)executors, hereby absolutelyadministrators, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneyspartners, employees, agents agents, attorneys, members, controlling persons, advisors, representatives or other entities controlled by them (hereinafter, collectively referred to as the “Investor Releasors”), and in consideration of the transactions contemplated by this Agreement, and other good and valuable consideration received from the Company, receipt whereof is hereby acknowledged, releases and discharges the Company and the Company’s past, present and future heirs, subsidiaries, affiliates or other entities, executors, administrators, successor and assigns, shareholders, directors, officers, partners, employees, agents, attorneys, members, controlling persons, advisors, representatives or other entities controlled by them (Agentscollectively, each Lender and all such other Persons being hereinafter referred to collectively as the “Company Releasees” ”) from any and individually as a “Releasee”), of and from all demands, actions, causes of and action, suits, covenantsdebts, contracts, controversies, agreements, promisesdues, sums of money, accounts, bills, reckonings, damages bonds, trespasses, damages, judgments, extents, executions, agreements, claims and any and all other claimsdemands whatsoever, counterclaimsin law, defensesadmiralty, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may against the Company Releasees the Investor Releasors ever had, now have or hereafter owncan, holdshall or may have, have or claim from the beginning of the world to, and including, immediately prior to have against the Releasees or any of them forClosing, uponarising out of, based on, resulting from, with respect to or by reason of that certain litigation between the Investor and the Company, and claims which may have been asserted in such litigation, and including, without limitation any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or claims for legal fees related thereto. (b) Each The Company on behalf of Borrower itself and each Guarantor that executes its past, present and future heirs, subsidiaries, affiliates or other entities, executors, administrators, successors and assigns, shareholders, directors, officers, partners, employees, agents, attorneys, members, controlling persons, advisors, representatives or other entities controlled by them (hereinafter, collectively referred to as the “Company Releasors”), and in consideration of the transactions contemplated by this Amendment understandsAgreement, acknowledges and agrees that other good and valuable consideration received from the release set forth above may be pleaded Company, receipt whereof is hereby acknowledged, releases and discharges the Investor and the Investor’s past, present and future heirs, subsidiaries, affiliates or other entities, executors, administrators, successor and assigns, shareholders, directors, officers, partners, employees, agents, attorneys, members, controlling persons, advisors, representatives or other entities controlled by them (collectively, hereinafter referred to as a full the “Investor Releasees”) from any and complete defense all actions, causes of and may be used as a basis for an injunction against any action, suit suits, debts, dues, sums of money, accounts, reckonings, bonds, trespasses, damages, judgments, extents, executions, agreements, claims and demands whatsoever, in law, admiralty, or other proceeding equity, which against the Investor Releasees the Company Releasors ever had, now have or hereafter can, shall or may have, from the beginning of the world to, and including, immediately prior to the Closing, arising out of, based on, resulting from, with respect to or by reason of that certain litigation between the Investor and the Company, including claims which may be institutedhave been asserted as counterclaims in such litigation, prosecuted or attempted in breach of the provisions of such releaseand including, without limitation any claims for legal fees related thereto. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no factThis Section 7 shall not apply to the Transaction Documents, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of nor to the release set forth aboveof any rights to indemnification related to potential or actual third party claims. In the event a Closing does not occur, then this Section 7 shall be of no force and effect and void ab initio.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentexecuting a Consent and Reaffirmation attached hereto, on behalf of itself and its successors, successors and assigns, and other its present and former members, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (each Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “ReleasorsReleasing Parties” and individually as a “ReleasorReleasing Party”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and each of their respective successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, legal representatives and other representatives (AgentsAgent, each Lender Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor Borrower or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Loan Agreement, any of the Loan Documents or any of the other Loan Documents transactions hereunder or transactions thereunder or related theretothereunder. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (ai) In consideration of the agreements of the Agents and Lenders Lender contained herein herein, and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “ReleasorsReleasing Parties,” and individually as each, a “ReleasorReleasing Party”), hereby absolutely, unconditionally unconditionally, and irrevocably releases, remises remises, and forever discharges the Agents, Lender and Lenders, and their successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, and other representatives representatives, and its successors and assigns (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “ReleaseesReleased Parties,” and individually as each, a “ReleaseeReleased Party”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages damages, and any and all other claims, counterclaims, defenses, rights of set-set off, demands demands, and liabilities whatsoever (each, individually, a “Claim,” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor such Releasing Party may now or hereafter own, hold, have have, or claim to have against the Releasees or any of them Released Party for, upon, or by reason of any circumstance, action, cause cause, or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentEffective Date, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Transaction Documents (including the Security Agreement), or any of the other Loan Documents transactions hereunder or transactions thereunder or related theretothereunder. (bii) Each of Borrower and each Guarantor that executes this Amendment Releasing Party understands, acknowledges acknowledges, confirms, and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit suit, or other proceeding which may be instituted, prosecuted prosecuted, or attempted in breach of the provisions of such release. (ciii) Each of Borrower and each Guarantor that executes this Amendment Releasing Party agrees that no fact, event, circumstance, evidence evidence, or transaction which could now be asserted or which may hereafter be discovered shall affect affect, in any manner manner, the final, absolute absolute, and unconditional nature of the release set forth above. (iv) Each Releasing Party covenants and agrees never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any Released Party by reason of or in connection with any of the Claims.

Release. (ai) In consideration of the agreements of the Agents Agent and Lenders contained herein herein, and the continued making of the loans, advances and other accommodations by Lenders (or Agent on behalf of Lenders) to Borrowers pursuant to this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Parent, each of Borrower and each Guarantor that executes this AmendmentGuarantor, on behalf of itself and its successors, assigns, and other legal representatives (Borrowerrepresentatives, each Guarantor hereby, jointly and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)severally, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent, each member of the AgentsLender Group, and Lenders, and their successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives and their respective successors and assigns (AgentsAgent, each Lender and all such other Persons parties being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which each of Parent, any Releasor Borrower or any Guarantor, or any of its successors, assigns, or other legal representatives and their respective successors and assigns may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, actionnature, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendmentthe Credit Agreement through the date hereof, the Existing Credit Agreement, the Amended Credit Agreement, or any of and the other Loan Documents or transactions thereunder or related theretoDocuments. (bii) Each of Parent, each Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (ciii) Each of Parent, each Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute final and unconditional nature of the release set forth above. (iv) Parent, each Borrower and each Guarantor represent and warrant that each such Person is the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and each such Person has not heretofore voluntarily, by operation of law or otherwise, assigned or transferred or purported to assign or transfer to any person any such claim or any portion thereof. (v) Nothing contained herein shall constitute an admission of liability with respect to any Claim on the part of any Releasee.

Release. (a) In consideration of Effective on the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgeddate hereof, each of Borrower and each Guarantor that executes this AmendmentGuarantor, for itself and on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent and each Lender, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lenders would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to such Borrower or such Guarantor (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich such Borrower or such Guarantor ever had from the beginning of the world, which any Releasor may now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Documents Document, or transactions thereunder or related thereto. (b) Each of to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, each Borrower and each Guarantor hereby represents that executes it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” As to each and every Claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of New York), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. Each Borrower and each Guarantor acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower and each Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cb) Each Borrower and each Guarantor, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Each Borrower and each Guarantor that executes this Amendment further agrees that no fact, event, circumstance, evidence it shall not dispute the validity or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature enforceability of the release set forth aboveCredit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If any Borrower, any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. (a) 4.1 In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower Parent and each Guarantor that executes this AmendmentBorrower, on behalf of itself itself, and its successors, assigns, assigns and other legal representatives (Borrower, each Guarantor Parent and Borrower and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and their its successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each 4.2 It is the intention of Parent and Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as shall constitute a full and complete defense final accord and satisfaction of all claims that may have or hereafter be used deemed to have against Releasees as a basis set forth herein. In furtherance of this intention, each of Parent and Borrower, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for an injunction against hereunder. Each of Parent and Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Each of Parent and Borrower, on behalf of itself and each other Releasor, waives and releases any actionrights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, suit or and each of Parent and Borrower, on behalf of itself and each other proceeding which may be institutedReleasor, prosecuted or attempted in breach acknowledges that it understands the significance and consequences of the waiver of the provisions of such releaseSection 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Administrative Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentGuarantor, on behalf of itself and its successors, successors and assigns, and other its present and former members, managers, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (each Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” "Releasing Parties" and individually as a “Releasor”"Releasing Party"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAdministrative Agent, each Lender, and Lenders, and each of their respective successors and assigns, and their respective present and former shareholders, Affiliatesmembers, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, legal representatives and other representatives (AgentsAdministrative Agent, each Lender Lenders and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from any and all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor Releasing Party or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, for or on account of, or in relation to, or in any way related to or in connection with this AmendmentAgreement, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or any of the transactions thereunder hereunder or related theretothereunder. Releasing Parties hereby represent to the Releasees that they have not assigned or transferred any interest in any Claims against any Releasee prior to the date hereof. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall will affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for of, among other good and valuable considerationthings, the receipt Administrative Agent’s, the Fronting Banks’ and sufficiency the Lenders’ execution and delivery of which is hereby acknowledgedthis Amendment, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successorsagents, assignsrepresentatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and other legal representatives assigns (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasesdischarges, remises and forever discharges to the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentsfullest extent permitted by law, each Lender Releasee from any and all such other Persons being hereinafter referred to collectively as the “Releasees” claims (including, without limitation, crossclaims, counterclaims, rights of set-off and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other claimsrepresentatives of each of the foregoing (collectively, counterclaimsthe “Releasees”), defensesbased in whole or in part on facts existing on or before the Amendment Effective Date, rights that relate to, arise out of set-offor otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, demands on the one hand, and liabilities whatsoever any or all of every name the Credit Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day date of receipt of any such Advances or other financial accommodations. In entering into this Amendment, each Borrower consulted with, and date has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a payment in full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.Advances. [REMAINDER OF ▇▇▇▇ INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW]

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself itself, and its successors, assigns, assigns and other legal representatives (Borrower, each Guarantor Borrower and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and their its successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each It is the intention of Borrower that this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, Borrower, on behalf of itself and each Guarantor other Releasor, expressly waives any statutory or common law provision that executes would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (c) Borrower, on behalf of itself and each other Releasor, waives and releases any rights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, and Borrower, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. (d) Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (ce) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself itself, and its successors, assigns, assigns and other legal representatives (Borrower, each Guarantor Borrower and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and their its successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each It is the intention of Borrower that this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, Borrower, on behalf of itself and each Guarantor other Releasor, expressly waives any statutory or common law provision that executes would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Borrower, on behalf of itself and each other Releasor, waives and releases any rights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, and Borrower, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. (c) Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for of, among other good and valuable considerationthings, the receipt Administrative Agent’s, the Fronting Banks’ and sufficiency the Lenders’ execution and delivery of which is hereby acknowledgedthis Amendment, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successorsagents, assignsrepresentatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and other legal representatives assigns (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutelyforever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasesdischarges, remises and forever discharges to the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentsfullest extent permitted by law, each Lender Releasee from any and all such other Persons being hereinafter referred to collectively as the “Releasees” claims (including, without limitation, crossclaims, counterclaims, rights of set-off and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other claimsrepresentatives of each of the foregoing (collectively, counterclaimsthe “Releasees”), defensesbased in whole or in part on facts existing on or before the Amendment Effective Date, rights that relate to, arise out of set-offor otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, demands on the one hand, and liabilities whatsoever any or all of every name the Credit Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day date of receipt of any such Advances or other financial accommodations. In entering into this Amendment, each Borrower consulted with, and date has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a payment in full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such releaseAdvances. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. From and after the Closing, (a) In consideration each Company Shareholder hereby agrees on behalf of the agreements of the Agents such Company Shareholder and Lenders contained herein such Company Shareholder’s predecessors, successors, assigns, heirs, executors, legatees, administrators, beneficiaries, Affiliates, representatives and for other good agents, hereby fully, finally and valuable considerationirrevocably releases, acquits and forever discharges Parent, the receipt Company, and sufficiency their respective officers, directors, Affiliates, predecessors, successors and assigns, and the beneficiaries, heirs, executors, attorneys and representatives of which is hereby acknowledgedany of them, and (b) each of Borrower Parent and each Guarantor that executes this Amendmentthe Company hereby agrees, on behalf of itself and its Subsidiaries, predecessors, successors, assigns, heirs, executors, legatees, administrators, beneficiaries, representatives and other legal representatives (Borroweragents hereby fully, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally finally and irrevocably releases, remises acquits and forever discharges the Agents, and Lenderseach Company Shareholder, and their respective officers, directors, Affiliates, predecessors, successors and assigns, and the beneficiaries, heirs, executors, attorneys and representatives of any of them (the Persons granting such release and the Persons with respect to whom such releases are granted on their present behalf, in (a) or (b), as applicable, the “Releasing Parties” and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender and all such other the Persons being hereinafter referred to collectively released in (a) or (b), as applicable, collectively, the “Releasees” and individually as a “ReleaseeReleased Parties”), of from any and from all demandscommitments, actions, charges, complaints, agreements, controversies, claims, suits, causes of action, suitsdamages, covenantsdemands, contractsliabilities, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever obligations of every name kind and naturenature whatsoever, whether arising from any express, implied, oral or written contract or otherwise, known or unknown, suspected past, present or unsuspectedfuture, both at law and Law or in equity, which any Releasor may now contingent or hereafter ownotherwise (collectively, holda “Potential Claim”), have or claim to have against that the Releasees Releasing Parties, or any of them forthem, uponhad, has or by reason may have had against any of the Released Parties for any circumstance, actionmatter, cause or thing whatsoever which arises relating to the Company, any of its Subsidiaries, officers and directors, and the Joint Venture Entities occurring at any time on at or prior to the day Effective Time (the “Released Matters”); provided, however, that the Released Matters do not include, and date the Releasing Parties expressly do not release or discharge (i) any Potential Claim arising from or relating to or based upon the terms of this AmendmentAgreement, the other Transaction Documents and the Transactions (including, if applicable, the right to such Company Shareholder’s portion of the Merger Consideration and Preferred Share Consideration subject to the terms and conditions set forth herein) or any agreement (that is identified in the Disclosure Schedule) entered into by the Releasing Parties in connection with the Transactions that by their terms expressly survive the Closing, (ii) any Potential Claim that cannot be waived as a matter of applicable Law, (iii) any Potential Claim unrelated in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, Company or any of its businesses, (iv) any rights to continuing indemnification under (A) the Company’s, its Subsidiary’s or the Joint Venture Entities’ organizational documents, (B) any indemnification agreement to which the Releasing Party and the Company are parties and that is identified in the Disclosure Schedule or (C) any applicable policy of directors’ and officers’ insurance maintained by the Company, (v) any Potential Claim arising from or relating to salary, reimbursement for expenses, bonuses (including retention bonuses), change of control or severance payments, or other Loan Documents compensation or transactions thereunder employment benefits earned or related thereto. accrued by or for the benefit of such Releasing Parties prior to the Effective Time in respect of services performed by such Company Shareholder as an employee, consultant, officer, advisor or director of the Company prior to the Closing (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees except that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against exception in this clause will not include any actionPotential Claim relating to the right to acquire any capital stock, suit or other proceeding which may be instituted, prosecuted or attempted in breach equity interest of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence Company not already held or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature owned as of the release set forth aboveClosing), (vi) any defenses that are necessary to enable the Releasing Parties to defend any claim asserted by a Released Party, (vii) any rights such Releasing Party may have arising in respect of a commercial relationship with a Released Party unrelated to the Transactions, or (viii) any Potential Claim based on Fraud.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Borrower and, by its execution of Borrower the Consent and Reaffirmation, Parent and each Guarantor that executes this AmendmentLoan Party other than Borrower, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, Parent, each Guarantor Loan Party other than Borrower and all such other Persons being hereinafter referred to collectively as the “"Releasors” " and individually as a “"Releasor”"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, Agent and Lenders, and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAmendment for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment Releasor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Releasor agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. (Signature page follows.)

Release. (a) In consideration of, among other things, Agent’s and the Lenders’ execution and delivery of the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgedthis Agreement, each of Borrower and each Guarantor other Credit Party, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Releasee from any and all claims, whether known or unknown, (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever, that executes such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Agent and Lenders in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known that relate to, arise out of or otherwise are in connection with: (i) any or all of the Financing Documents, including this AmendmentAgreement, the AECOM L/C (as defined in the Ares First Lien Guaranty) or transactions contemplated thereby or any actions or omissions in connection therewith, and (ii) any aspect of the dealings or relationships between or among Borrowers and the other Credit Parties, on the one hand, and any or all of the Agent and Lenders, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by a Borrower or any other Credit Party of any Loans or financial accommodations made by any Lender after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not now known or unknown, existing on or prior to the date of receipt of any Loans or other financial accommodations. In entering into this Agreement, Borrowers and each other Credit Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section shall survive the termination of this Agreement, the Credit Agreement, the other Financing Documents and payment in full of the Obligations. (b) Each Borrower and each other Credit Party hereby agrees that it shall be, jointly and severally, obligated to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by or on behalf of any Person, including, without limitation, the respective officers, directors, agents, trustees, creditors, partners or shareholders of any Borrower, any other Credit Party, or any of their respective Subsidiaries, whether threatened or initiated, in respect of any claim for legal or equitable remedy under any statue, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Credit Agreement, the other Financing Documents, this Agreement or any other document executed and/or delivered in connection herewith or therewith. If and to the extent that the foregoing undertaking may be unenforceable for any reason, each Borrower and other Credit Party agrees to make the maximum contribution to the payment and satisfaction thereof that is permissible under applicable law. The foregoing indemnity shall survive the termination of this Agreement, the Credit Agreement, the other Financing Documents and the payment in full of the Obligations. (c) Each Borrower and each other Credit Party, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releasesirrevocably, remises covenants and forever discharges the Agentsagrees with and in favor of each Releasee that it will not sue (at law, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which in any Releasor may now regulatory proceeding or hereafter ownotherwise) any Releasee on the basis of any Claim released, holdremised and discharged by Borrower or any other Credit Party pursuant to Section 6(a) hereof. If a Borrower, have or claim to have against the Releasees any other Credit Party or any of them fortheir successors, uponassigns or other legal representatives violates the foregoing covenant, or by reason of any circumstanceBorrowers and the other Credit Parties, actioneach for itself and its successors, cause or thing whatsoever which arises at any time on or prior assigns and legal representatives, agrees to the day and date of this Amendmentpay, in addition to such other damages as any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above Releasee may be pleaded sustain as a full result of such violation, all attorneys’ fees and complete defense and may be used costs incurred by any Releasee as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions result of such releaseviolation. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentGuarantor, on behalf of itself and its successors, assigns, assigns and other legal representatives (Borrower, Borrower and each Guarantor and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, Agent and Lenderseach Lender, and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, Agent and each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each It is the intention of Borrower and each Guarantor that executes this Amendment Agreement and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, Borrower and each Guarantor, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Agreement and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Borrower and each Guarantor, on behalf of itself and each other Releasor, waives and releases any rights or benefits that it may have under Section 1542 to the full extent that it may lawfully waive such rights and benefits, and Borrower and each Guarantor, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by its attorney as to the significance and consequences of this waiver. (c) Borrower and each Guarantor, understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each of Borrower and each Guarantor that executes this Amendment Guarantor, agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the promises and agreements set forth in this Agreement, as of the Agents and Lenders contained herein and for other good and valuable considerationclosing date of the transaction (“Closing Date”), the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentAshford, on behalf of itself and its present, former or future officers, directors, agents (alleged or otherwise), employees, representatives, consultants, accountants, attorneys, parents, subsidiaries, affiliated entities, predecessors, successors, assignsand assigns (collectively, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Ashford Releasors” and individually as a “Releasor”), does hereby absolutely, unconditionally completely and irrevocably releases, remises release and forever discharges the Agentsdischarge ▇▇▇▇▇, and Lenderseach of its respective current and former parents, subsidiaries, and affiliated entities, and their successors and assigns, and their present respective current and former officers, directors, shareholders, Affiliatesagents, subsidiariesemployees, divisionsrepresentatives, consultants, accountants, attorneys, insurers, reinsurers, predecessors, directorssuccessors, officersand assigns (collectively, attorneys, employees, agents and other representatives (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “▇▇▇▇▇ Releasees” and individually as a “Releasee”), from any and all claims and rights (including, without limitation, rights of set-off and from all recoupment, demands, charges, complaints, actions, obligations, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums or liabilities of money, accounts, bills, reckonings, damages and any and all other claimsevery kind, counterclaimsnature and character, defensesknown and unknown) that the Ashford Releasors possess or possessed, assert, asserted, or could or may have asserted, from the beginning of the world to the date of this Agreement (including, without limitation, rights of set-offoff and recoupment, demands demands, charges, complaints, actions, obligations, causes of action, or liabilities of any and liabilities whatsoever of every name kind, nature and naturecharacter, known and unknown), arising out of or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related to or in connection with this Amendmentthe Ashford Releasors’ interest, whenever acquired, in Extended Stay, Inc. and certain of its affiliates and the Existing Credit Agreement, financings that were originated in connection with the Amended Credit Agreement, acquisition thereof in 2007 and/or arising out of or any related to or in connection with the subject matter of the other Loan Documents or transactions thereunder or related theretoAction; provided that nothing herein shall prevent Ashford from bringing suit to enforce the terms of this Agreement. (b) Each In consideration of Borrower the promises and agreements set forth in this Agreement, as of the Closing Date, ▇▇▇▇▇, on behalf of itself and its present, former or future officers, directors, agents (alleged or otherwise), employees, representatives, consultants, accountants, attorneys, parents, subsidiaries, affiliated entities, predecessors, successors, and assigns (collectively, the “▇▇▇▇▇ Releasors”), does hereby completely and irrevocably release and forever discharge Ashford, and each Guarantor that executes this Amendment understandsof its respective current and former parents, acknowledges subsidiaries, and agrees affiliated entities, and their respective current and former officers, directors, shareholders, agents, employees, representatives, consultants, accountants, attorneys, insurers, reinsurers, predecessors, successors, and assigns (collectively, the “Ashford Releasees”), from any and all claims and rights (including, without limitation, rights of set-off and recoupment, demands, charges, complaints, actions, obligations, causes of action, or liabilities of any and every kind, nature and character, known and unknown) that the release set forth above ▇▇▇▇▇ Releasors possess or [***] = Indicates confidential information has been redacted. possessed, assert, asserted, or could or may be pleaded as a full have asserted, from the beginning of the world to the date of this Agreement (including, without limitation, rights of set-off and complete defense and may be used as a basis for an injunction against any recoupment, demands, charges, complaints, actions, obligations, causes of action, suit or other proceeding which may be institutedliabilities of any and every kind, prosecuted nature and character, known and unknown), arising out of or attempted in breach related to the subject matter of the provisions Action; provided that nothing herein shall prevent ▇▇▇▇▇ from bringing suit to enforce the terms of such releasethis Agreement. (c) The Parties hereby acknowledge that the releases provided in this Agreement shall apply to all claims and rights released hereby, whether known or unknown, anticipated or unanticipated, or suspected or unsuspected, notwithstanding the fact that a Party may later discover facts in addition to or different from those which that Party now believes to be true. (d) Each Party agrees to indemnify, defend and hold the other Party harmless from and against any and all liabilities, claims, demands, losses, damages, costs and expenses (including, without limitation, legal fees and disbursements, and litigation expenses), actions and causes of Borrower action, arising out of or relating to a breach by the other Party of any provision of this Agreement (including, without limitation, this Paragraph 2), or the incorrectness or inaccuracy of any representation and each Guarantor that executes warranty of such Party contained in this Amendment agrees that no fact, event, circumstance, evidence Agreement or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth abovedocument or agreement delivered in connection with this Agreement.

Release. (a) 13.1 In consideration of the agreements of the Agents Agent and Lenders each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentGuarantor, on behalf of itself and its successors, assigns, assigns and other legal representatives (Borrower, Borrower and each Guarantor and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, Agent and Lenderseach Lender, and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, Agent and each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each 13.2 It is the intention of Borrower and each Guarantor that executes this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, Borrower and each Guarantor, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Each of Borrower, and each Guarantor, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Borrower and each Guarantor, on behalf of itself and each other Releasor, waives and releases any rights or benefits that it may have under Section 1542 to the full extent that it may lawfully waive such rights and benefits, and each of Borrower and each Guarantor, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by its attorney as to the significance and consequences of this waiver. 13.3 Borrower and each Guarantor, understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of 13.4 Borrower and each Guarantor that executes this Amendment Guarantor, agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “"Releasors” " and individually as a “"Releasor”"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, Issuing Bank and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, Issuing Bank, each Lender and all such other Persons being hereinafter referred to collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes a Consent and Reaffirmation to this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of, among other things, Agent’s and the Lenders’ execution and delivery of the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgedthis Agreement, each of Borrower and each Guarantor other Credit Party, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Releasee from any and all claims, whether known or unknown, (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever, that executes such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Agent and lenders in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known that relate to, arise out of or otherwise are in connection with: (i) any or all of the Financing Documents, including this AmendmentAgreement, or transactions contemplated thereby or any actions or omissions in connection therewith, and (ii) any aspect of the dealings or relationships between or among Borrowers and the other Credit Parties, on the one hand, and any or all of the Agent and Lenders, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by a Borrower or any other Credit Party of any Loans or financial accommodations made by Agent or any Lender after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not now known or unknown, existing on or prior to the date of receipt of any Loans or other financial accommodations. In entering into this Agreement, Borrowers and each other Credit Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section shall survive the termination of this Agreement, the Credit Agreement, the other Financing Documents and payment in full of the Obligations. (b) Each Borrower and each other Credit Party hereby agrees that it shall be, jointly and severally, obligated to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by or on behalf of any Person, including, without limitation, the respective officers, directors, agents, trustees, creditors, partners or shareholders of any Borrower, any other Credit Party, or any of their respective Subsidiaries, whether threatened or initiated, in respect of any claim for legal or equitable remedy under any statue, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Credit Agreement, the other Financing Documents, this Agreement or any other document executed and/or delivered in connection herewith or therewith. If and to the extent MidCap / Shimmick / Amendment No. 3 to Credit, Security and Guaranty Agreement MACROBUTTON DocID \\4▇▇▇-▇▇▇▇-▇▇▇▇ v8 that the foregoing undertaking may be unenforceable for any reason, each Borrower and other Credit Party agrees to make the maximum contribution to the payment and satisfaction thereof that is permissible under applicable law. The foregoing indemnity shall survive the termination of this Agreement, the Credit Agreement, the other Financing Documents and the payment in full of the Obligations. (c) Each Borrower and each other Credit Party, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releasesirrevocably, remises covenants and forever discharges the Agentsagrees with and in favor of each Releasee that it will not sue (at law, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which in any Releasor may now regulatory proceeding or hereafter ownotherwise) any Releasee on the basis of any Claim released, holdremised and discharged by Borrower or any other Credit Party pursuant to Section 9(a) hereof. If a Borrower, have or claim to have against the Releasees any other Credit Party or any of them fortheir successors, uponassigns or other legal representatives violates the foregoing covenant, or by reason of any circumstanceBorrowers and the other Credit Parties, actioneach for itself and its successors, cause or thing whatsoever which arises at any time on or prior assigns and legal representatives, agrees to the day and date of this Amendmentpay, in addition to such other damages as any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above Releasee may be pleaded sustain as a full result of such violation, all attorneys' fees and complete defense and may be used costs incurred by any Releasee as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions result of such releaseviolation. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the this Amendment and agreements of the Agents Administrative Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower the Borrower, the Company and each Guarantor that executes this Amendment(each, a “Releasing Party”), on behalf of itself and its successors, assigns, assigns and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAdministrative Agent, and Lenders, the Lenders and their successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives representatives, in each case solely in their capacities relative to the Lenders and not in any other capacity such party may have relative to the Releasing Parties (Agentsthe Administrative Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which each Releasing Party or any Releasor of its successors, assigns or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAmendment No. 5 Effective Date, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) any of the foregoing, a “Claim” and collectively, the “Claims”). Each of Borrower the Releasing Parties expressly acknowledges and agrees, with respect to the Claims, that it waives, to the fullest extent permitted by applicable law, any and all provisions, rights and benefits conferred by any applicable U.S. federal or state law, or any principle of U.S. common law, that would otherwise limit a release or discharge of any unknown Claims pursuant to this Section 7. Furthermore, each Guarantor of the Releasing Parties hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Releasee that executes it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released and/or discharged by the Releasing Parties pursuant to this Amendment Section 7. The foregoing release, covenant and waivers of this Section 7 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment or prepayment of any of the Loans, or the termination of the Credit Agreement, this Amendment, any other Loan Document, or any provision hereof or thereof. Each Releasing Party understands, acknowledges and agrees that the its release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) . Each of Borrower and each Guarantor that executes this Amendment Releasing Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentexecuting a Consent and Reaffirmation attached hereto, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their its present and former members, shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, legal representatives and other representatives (AgentsBorrower, each such Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasing Parties” and individually as a “Releasing Party”, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent, each Lender and their respective successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor Releasing Party may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this AmendmentAgreement, the Existing Credit Agreement, any of the Amended Credit Agreement, Loan Documents or any of the other Loan Documents transactions hereunder or transactions thereunder or related theretothereunder. (b) Each of Borrower and each such Guarantor that executes this Amendment understandsunderstand, acknowledges acknowledge and agrees agree that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each such Guarantor that executes this Amendment agrees agree that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration Effective as of the agreements of the Agents and Lenders contained herein and for other good and valuable considerationAcceptance Date, the receipt Optionholder, for the Optionholder and sufficiency of which is the Optionholder’s successors and assigns forever, does hereby acknowledgedunconditionally and irrevocably compromise, settle, remise, acquit and fully and forever release and discharge the Company, Parent and Parent’s Affiliates (including Merger Sub and the Surviving Corporation) and each of Borrower and each Guarantor that executes this Amendment, on behalf of itself and its their respective successors, assigns, and other legal representatives (Borrowerparents, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)divisions, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agentssubsidiaries, and Lenders, and their successors and assignsaffiliates, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessorsofficers, directors, officersemployees and agents (collectively, attorneys, employees, agents and other representatives (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “ReleaseeReleased Parties”), of and ) from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offoffs, demands debts, demands, choses in action, obligations, remedies, suits, damages and liabilities whatsoever in connection with any rights to acquire securities of every name the Company pursuant to the Option Agreement and naturethe Common Stock of the Company issuable thereunder (collectively, the “Releaser’s Claims”), whether now known or unknown, unknown or suspected or unsuspectedclaimed, both at law and whether arising under common law, in equityequity or under statute, which any Releasor the Optionholder or the Optionholder’s successors or assigns ever had, now have, or in the future may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever Released Parties and which arises may have arisen at any time on or prior to the day and date Acceptance Date; provided that this Section 1.4(a) shall not apply to any of this Amendment, in any way related to the obligations or liabilities of the Released Parties arising under or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges The Optionholder covenants and agrees that never to commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against Released Parties any action, suit action or other proceeding based on any of the released Releaser’s Claims which may be instituted, prosecuted have arisen at any time on or attempted in breach of prior to the provisions of such releaseAcceptance Date. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of Effective on the agreements of the Agents date hereof, Borrower, for itself and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, on behalf of itself and its successors, assigns, officers, directors, employees, agents and other legal representatives (Borrowerattorneys, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges each member of the AgentsLender Group, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lender Group would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to Borrower (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich Borrower ever had from the beginning of the world to the date hereof, which any Releasor may now has, or might hereafter own, hold, have or claim to have against the Releasees or any of them forsuch Releasee for actions, uponomissions, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time events occurring on or prior before the date hereof which relates, directly or indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents. As to each and every Claim released hereunder, Borrower hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (b) As to each and every Claim released hereunder, Borrower also waives the benefit of each other Loan Documents similar provision of applicable federal or transactions thereunder or related state law, if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. (bc) Each of Borrower acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and each Guarantor agrees that executes this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each Borrower, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any claim released, remised and discharged by such Person pursuant to the above release. Borrower and each Guarantor that executes this Amendment further agrees that no fact, event, circumstance, evidence it shall not dispute the validity or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature enforceability of the release set forth aboveCredit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If Borrower or any of its successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through them violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. (a) In consideration of Effective on the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgeddate hereof, each of Borrower Borrower, for itself and each Guarantor that executes this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent and each Purchaser, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom the Agent or any member of the Purchasers would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to the Borrowers (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich any Borrower ever had from the beginning of the world, now has, or might hereafter have against any such Releasee, which Claims relate, directly or indirectly, to any Releasor may now act or hereafter own, hold, have or claim to have against the Releasees or omission by any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time Releasee that occurred on or prior to the day and date of this AmendmentSecond Amendment and relate, directly or indirectly, to the Note Purchase Agreement or any Note Document, or any acts or omissions of any such Releasee that occurred on or prior to the date of this Second Amendment with respect to the Note Purchase Agreement or any Note Document, or the purchaser-borrower relationship evidenced by the Note Purchase Agreement and the related Note Documents, except for the duties and obligations set forth in any way related to or in connection with this Second Amendment, the Existing Credit Agreement, duties and obligations set forth in the Amended Credit Agreement, Note Purchase Agreement and the respective Note Documents to be performed on or after the date of this Second Amendment and for any liability unknown to the Borrowers as of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor date hereof that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach arises solely out of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence gross negligence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature willful misconduct of the release set forth aboveAgent or of any Purchaser as determined by a final and non-appealable judgment of a court of competent jurisdiction. As to each and every Claim released hereunder, each Borrower hereby represents that it has received the advice of legal counsel with regard to the releases contained herein.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentGuarantor, on behalf of itself and its successors, assigns, assigns and other legal representatives (Borrower, each Guarantor and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent and each Lender, and Lenders, and their its successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-offset‑off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Agreement or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each It is the intention of Borrower and each Guarantor that executes this Amendment Agreement and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, Borrower and each Guarantor, on behalf of itself and each other Releasor, expressly waives any statutory or common law provision that would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor's favor at the time of executing this Agreement and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Borrower and each Guarantor, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Borrower and each Guarantor, on behalf of itself and each other Releasor, waives and releases any rights or benefits that it may have under Section 1542 to the full extent that it may lawfully waive such rights and benefits, and Borrower and each Guarantor, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by its attorney as to the significance and consequences of this waiver. (c) Borrower and each Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of Effective on the agreements of the Agents date hereof, Borrower, for itself and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges each member of the AgentsLender Group, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lender Group would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to Borrower (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich Borrower ever had from the beginning of the world to the date hereof, which any Releasor may now has, or might hereafter own, hold, have or claim to have against the Releasees or any of them forsuch Releasee for actions, uponomissions, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time events occurring on or prior before the date hereof which relates, directly or indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents. As to each and every Claim released hereunder, Borrower hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (b) As to each and every Claim released hereunder, Borrower also waives the benefit of each other Loan Documents similar provision of applicable federal or transactions thereunder or related state law, if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. (bc) Each of Borrower acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and each Guarantor agrees that executes this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each Borrower, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any claim released, remised and discharged by such Person pursuant to the above release. Borrower and each Guarantor that executes this Amendment further agrees that no fact, event, circumstance, evidence it shall not dispute the validity or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature enforceability of the release set forth aboveCredit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If Borrower or any of its successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through them violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. (a) In consideration of the this Amendment and agreements of the Agents Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Borrowers and the Guarantors (collectively, the “Releasing Parties”), each of Borrower and each Guarantor that executes this Amendment, on behalf of itself and its Subsidiaries and its and their respective successors, assigns, assigns and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, and Lenders, the Lenders and their successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives representatives, in each case solely in their capacities relative to the Lenders and not in any other capacity such party may have relative to the Releasing Parties (Agentsthe Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which the Borrowers, the Guarantors or any Releasor of their respective successors, assigns or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentThird Amendment Effective Date, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, Loan Agreement or any of the other Loan Documents or transactions thereunder (any of the foregoing, a “Claim” and collectively, the “Claims”). Each Releasing Party expressly ▇▇▇▇-▇▇▇▇-▇▇▇▇ v.5 acknowledges and agrees, with respect to the Claims, that it waives, to the fullest extent permitted by applicable law, any and all provisions, rights and benefits conferred by any applicable U.S. federal or related theretostate law, or any principle of U.S. common law, that would otherwise limit a release or discharge of any unknown Claims pursuant to this Section 7. Furthermore, each of the Releasing Parties hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released and/or discharged by the Releasing Parties pursuant to this Section 7. The foregoing release, covenant and waivers of this Section 7 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment or prepayment of any of the Loans, or the termination of the Loan Agreement, this Amendment, any other Loan Document or any provision hereof or thereof. (b) Each of Borrower and each Guarantor that executes this Amendment Releasing Party understands, acknowledges and agrees that the its release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment Releasing Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. Each Borrower hereby acknowledges and agrees that: (a) In neither it nor any of its Subsidiaries has any claim or cause of action against Administrative Agent or any Lender (or any of the directors, officers, employees, agents, Affiliates, or attorneys of the foregoing) and (b) the Administrative Agent and the Lenders have heretofore properly performed and satisfied in a timely manner all of their obligations (other than the express obligations of the Administrative Agent and the Lenders under the Credit Agreement and the other Loan Documents) to the Loan Parties, and all of their Subsidiaries and Affiliates. The Administrative Agent and the Lenders wish (and Borrowers agree) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of their rights, interests, security and/or remedies. For and in consideration of the agreements of the Agents contained in this Amendment and Lenders contained herein and for other good and valuable consideration, Borrowers (the receipt "Releasors") unconditionally and sufficiency of which is hereby acknowledgedirrevocably release, each of Borrower waive and each Guarantor that executes this Amendmentforever discharge the Administrative Agent and the Lenders, on behalf of itself and its together with their respective successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their present and former shareholderssubsidiaries, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employeesRelated Parties, agents and other representatives attorneys (Agentscollectively, each Lender the "Released Parties"), from: (x) any and all such liabilities, obligations, duties, promises or indebtedness of any kind of the Released Parties to the Releasors or any of them (other Persons being hereinafter referred to collectively as than the “Releasees” express obligations of the Administrative Agent and individually as a “Releasee”)the Lenders under the Credit Agreement and the other Loan Documents) and (y) all claims, of and from all demands, actionsoffsets, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums suits or defenses of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities kind whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity(if any), which any Releasor may now or hereafter own, hold, have or claim to have against the Releasees Releasors or any of them formight otherwise have against the Released Parties or any of them, upon, in either case (x) or by reason (y) on account of any circumstancecondition, act, omission, event, contract, liability, obligation, indebtedness, claim, cause of action, cause defense, circumstance or thing whatsoever matter of any kind which arises existed, arose or occurred at any time on or prior from the beginning of the world to the day and effective date of this the Amendment, in any way related to or each case, in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of Agreement and the other Loan Documents or transactions thereunder or related theretoDocuments. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (ai) In consideration of the agreements of the Agents Agent and Lenders contained herein herein, and the continued making of the loans, advances and other accommodations by ▇▇▇▇▇▇▇ (or Agent on behalf of Lenders) to Borrowers pursuant to this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Parent, each of Borrower and each Guarantor that executes this AmendmentGuarantor, on behalf of itself and its successors, assigns, and other legal representatives (Borrowerrepresentatives, each Guarantor hereby, jointly and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)severally, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent, each member of the AgentsLender Group, and Lenders, and their successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives and their respective successors and assigns (AgentsAgent, each Lender and all such other Persons parties being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set- off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which each of Parent, any Releasor Borrower or any Guarantor, or any of its successors, assigns, or other legal representatives and their respective successors and assigns may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, actionnature, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendmentthe Credit Agreement through the date hereof, the Existing Credit Agreement, the Amended Credit Agreement, or any of and the other Loan Documents or transactions thereunder or related theretoDocuments. (bii) Each of Parent, each Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (ciii) Each of Parent, each Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute final and unconditional nature of the release set forth above. (iv) Parent, each Borrower and each Guarantor represent and warrant that each such Person is the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and each such Person has not heretofore voluntarily, by operation of law or otherwise, assigned or transferred or purported to assign or transfer to any person any such claim or any portion thereof. (v) Nothing contained herein shall constitute an admission of liability with respect to any Claim on the part of any Releasee.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, the Company on behalf of itself and its successors, assigns, heirs, executor, administrator and other legal representatives (Borrowerrepresentatives, each Guarantor hereby, jointly and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)severally, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges each of the Agents, and Lenders, and their successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, members, managers, agents and other representatives (Agents, each Lender the Lenders and all such other Persons parties being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which the Company, or any Releasor of its officers, directors, employees, successors, assigns, heirs, executor, administrator or other legal representatives, as the case may be, may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, actionnature, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, Transaction Documents as amended and supplemented through the Amended Credit Agreementdate hereof, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment otherwise. The Company understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment . The Company agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute final and unconditional nature of the release set forth above.

Release. Each of GEO (afor itself and on behalf of each of the Subsidiary Guarantors) In and Corrections, in consideration of the agreements Administrative Agent’s and each Consenting Lender’s execution and delivery of the Agents and Lenders contained herein this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower unconditionally, freely, voluntarily and, after consultation with counsel and each Guarantor that executes this Amendmentbecoming fully and adequately informed as to the relevant facts, on behalf of itself circumstances and its successorsconsequences, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises waives and forever discharges the Agents(and further agrees not to allege, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender claim or pursue) any and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”)claims, of and from all demands, actionsrights, causes of action, suitscounterclaims or defenses of any kind whatsoever, covenantsin contract, contractsin tort, controversiesin law or in equity, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, suspected direct or unsuspected, both at law and in equityderivative, which such Borrower (or such Subsidiary Guarantor) or any Releasor may now predecessor, successor or hereafter own, hold, assign might otherwise have or claim to may have against any Lender, the Releasees Administrative Agent or any of them forsuch Lender’s or the Administrative Agent’s present or former Affiliates, uponofficers, directors, employees, attorneys or by reason other representatives or agents on account of any circumstanceconduct, condition, act, omission, event, contract, liability, obligation, demand, covenant, promise, indebtedness, claim, right, cause of action, cause suit, damage, defense, circumstance or thing matter of any kind whatsoever which arises existed, arose or occurred at any time on or prior to the day Amendment Effective Time relating to the Loan Documents, this Amendment and/or the transactions contemplated thereby or hereby. The foregoing release shall survive and date remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents provision hereof or transactions thereunder or related theretothereof. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In For and in consideration of the agreements amount to be paid to the Sellers under this Agreement, and the additional covenants and promises set forth in this Agreement and the other Ancillary Documents to which each Seller is or becomes a party, effective as of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgedClosing Date, each of Borrower and each Guarantor that executes this AmendmentSeller, both on behalf of itself such Seller and all of such Seller’s respective successors and assigns (collectively, with Sellers, the “Releasors”), severally and not jointly, hereby fully, finally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable Law, Buyer and its Affiliates, each Group Company, their respective former, current or future officers, directors, partners, general partners, limited partners, managing directors, members, managers, trustees, representatives, employees, principals, agents, parents, subsidiaries, joint ventures, predecessors, successors, assigns, beneficiaries, heirs, executors, personal or legal representatives, insurers and other legal representatives (Borrowerattorneys of any of them, each Guarantor and all such other Persons being hereinafter referred holders of Equity Interests of each Group Company prior to collectively as the “Releasors” and individually as a “Releasor”)Closing (each, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of from and from against any and all demandscommitments, actions, debts, claims, counterclaims, suits, causes of action, suitsdamages, covenantsdemands, contractsliabilities, controversiesobligations, agreementscosts, promisesexpenses, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever compensation of every name kind and naturenature whatsoever, at Law or in equity, whether known or unknown, suspected contingent or unsuspected, both at law and in equityotherwise, which such Releasor, or any Releasor of them, had, has, or may now or hereafter own, hold, have or claim to have had at any time in the past until and including the Closing Date against the Releasees Releasees, or any of them for(each, upona “Released Claim”). Each Seller, and such Seller’s Releasors, agrees not to assert any Released Claim against the Releasees. Notwithstanding the foregoing, each Seller, and such Seller’s Releasors, retains, and does not release (and shall not be deemed a Released Claim), (a) its rights and interests under, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related claims pursuant to or in connection with the terms and conditions of this Amendment, the Existing Credit Agreement, any Ancillary Document or any other agreement, certificate, instrument or other documents executed and delivered in connection therewith (including with respect to fraud thereunder), or (b) claims recoverable under any insurance policy maintained by any of the Amended Credit AgreementGroup Companies, or (c) any claim for indemnification, liability limitation or exculpation in favor of the Sellers or its Affiliates, officers, directors, partners, general partners, limited partners, managing directors, members, or employees in their capacity as a current or former director, officer, employee or agent of any Group Company in connection with such EAST\134549672.25 62 person’s services as a director, officer or agent of a Group Company prior to the Closing pursuant to their respective Governing Document, or (d) its rights and interests under, or any claims pursuant to or in connection with the terms and conditions of the other Loan Governing Documents of the Sellers (solely as to any right, interest or transactions thereunder claim of any Seller or related thereto. (b) Each equity holder of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction any Seller against any action, suit other Seller or equity holder of any Seller thereunder) or any other proceeding which may be instituted, prosecuted agreement or attempted in breach arrangement solely as between the Sellers and/or the equity holders of the provisions of such releaseSellers. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Required Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby MidCap / Aptevo / Amendment No. 3 to Credit Agreement acknowledged, each of Borrower Borrower, voluntarily, knowingly, unconditionally and each Guarantor that executes this Amendmentirrevocably, with specific and express intent, for and on behalf of itself and all of its respective parents, subsidiaries, affiliates, members, managers, predecessors, successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and each of their present respective current and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneysshareholders, agents, and employees, agents and other representatives each of their respective predecessors, successors, heirs, and assigns (Agentsindividually and collectively, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” Releasing Parties”) does hereby fully and completely release, acquit and forever discharge each of Agent, Lenders, and each their respective parents, subsidiaries, affiliates, members, managers, shareholders, directors, officers and employees, and each of their respective predecessors, successors, heirs, and assigns (individually as a and collectively, the “ReleaseeReleased Parties”), of and from any and all demands, actions, causes of action, suits, covenantsdebts, contractsdisputes, controversiesdamages, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaimsobligations, defensesliabilities, rights costs, expenses and demands of set-offany kind whatsoever, demands and liabilities whatsoever of every name and natureat law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, ▇▇▇▇▇▇ or inchoate, known or unknown, suspected unknown that the Releasing Parties (or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have of them) has against the Releasees Released Parties or any of them for(whether directly or indirectly), uponbased in whole or in part on facts, whether or by reason not now known, existing on or before the date hereof (and not, for the avoidance of any circumstancedoubt, action, cause or thing whatsoever which arises arising at any time on or prior hereafter). Each Borrower acknowledges that the foregoing release is a material inducement to Agent’s and each Required Lender’s decision to enter into this Agreement and agree to the day modifications contemplated hereunder, and date of this Amendment, in any way related to or has been relied upon by Agent and Required Lenders in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related theretotherewith. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of, among other things, Agent’s and the Lenders’ execution and delivery of the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgedthis Agreement, each of Borrower and each Guarantor other Credit Party, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever agrees and covenants not to sue or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Releasee from any and all claims, whether known or unknown, (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever, that executes such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Agent and Lenders in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known that relate to, arise out of or otherwise are in connection with: (i) any or all of the Financing Documents, including this AmendmentAgreement, the AECOM L/C (as defined in the Ares First Lien Guaranty) or transactions contemplated thereby or any actions or omissions in connection therewith, and (ii) any aspect of the dealings or relationships between or among Borrowers and the other Credit Parties, on the one hand, and any or all of the Agent and Lenders, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by a Borrower or any other Credit Party of any Loans or financial accommodations made by any Lender after the date hereof shall constitute a ratification, adoption, and confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or in part on facts, whether or not now known or unknown, existing on |US-DOCS\162108766.6|| or prior to the date of receipt of any Loans or other financial accommodations. In entering into this Agreement, Borrowers and each other Credit Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section shall survive the termination of this Agreement, the Credit Agreement, the other Financing Documents and payment in full of the Obligations. (b) Each Borrower and each other Credit Party hereby agrees that it shall be, jointly and severally, obligated to indemnify and hold the Releasees harmless with respect to any and all liabilities, obligations, losses, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by the Releasees, or any of them, whether direct, indirect or consequential, as a result of or arising from or relating to any proceeding by or on behalf of any Person, including, without limitation, the respective officers, directors, agents, trustees, creditors, partners or shareholders of any Borrower, any other Credit Party, or any of their respective Subsidiaries, whether threatened or initiated, in respect of any claim for legal or equitable remedy under any statue, regulation or common law principle arising from or in connection with the negotiation, preparation, execution, delivery, performance, administration and enforcement of the Credit Agreement, the other Financing Documents, this Agreement or any other document executed and/or delivered in connection herewith or therewith. If and to the extent that the foregoing undertaking may be unenforceable for any reason, each Borrower and other Credit Party agrees to make the maximum contribution to the payment and satisfaction thereof that is permissible under applicable law. The foregoing indemnity shall survive the termination of this Agreement, the Credit Agreement, the other Financing Documents and the payment in full of the Obligations. (c) Each Borrower and each other Credit Party, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releasesirrevocably, remises covenants and forever discharges the Agentsagrees with and in favor of each Releasee that it will not sue (at law, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which in any Releasor may now regulatory proceeding or hereafter ownotherwise) any Releasee on the basis of any Claim released, holdremised and discharged by Borrower or any other Credit Party pursuant to Section 6(a) hereof. If a Borrower, have or claim to have against the Releasees any other Credit Party or any of them fortheir successors, uponassigns or other legal representatives violates the foregoing covenant, or by reason of any circumstanceBorrowers and the other Credit Parties, actioneach for itself and its successors, cause or thing whatsoever which arises at any time on or prior assigns and legal representatives, agrees to the day and date of this Amendmentpay, in addition to such other damages as any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above Releasee may be pleaded sustain as a full result of such violation, all attorneys’ fees and complete defense and may be used costs incurred by any Releasee as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions result of such releaseviolation. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentexecuting a Consent and Reaffirmation attached hereto, on behalf of itself and its successors, successors and assigns, and its present and former members, shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “ReleasorsReleasing Parties” and individually as a “ReleasorReleasing Party”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and each of their respective successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, advisors, employees, agents agents, legal representatives and other representatives (AgentsAgent, each Lender Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which Releasing Party or any Releasor of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this AmendmentAgreement, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or any of the transactions thereunder hereunder or related theretothereunder. (b) Each of Borrower and each Guarantor that executes this Amendment understandsunderstand, acknowledges acknowledge and agrees agree that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders Bank contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower Obligor and each Guarantor that executes this AmendmentPersonal Guarantor, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsBank, and Lenders, and their each of its successors and assigns, and their each of its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender the Bank and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Obligor, Personal Guarantor or any of their successors, assigns, or other legal representatives, may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises arose or has arisen at any time on or prior to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) . Each of Borrower Obligor and each Personal Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded pled as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) . Each of Borrower Obligor and each Personal Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges each of the Agents, and Lenders, and their its successors and assigns, and their present its direct and former shareholdersindirect owners, Affiliatespartners, members, managers, consultants, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives representatives, and all persons acting by, through, under or in concert with any of them (Agents, each Lender the Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), ) of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, recoupment, rights of set-offsetoff, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, contingent or mature, suspected or unsuspected, both at law and in equity, which any Releasor Borrower or any of its respective successors, affiliates, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, Amendment or any of the other Loan Note Documents (as defined in the MSD Secured Note and the GA Secured Note) or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) In entering into this Amendment, each Borrower has consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity DB1/ 133678610.2 and effectiveness of the release set forth above does not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The release set forth herein shall survive the termination of this Amendment and the Note Documents and the payment in full of the Obligations (Note Documents and Obligations, each as defined in the MSD Secured Note and the GA Secured Note). (e) Each Borrower acknowledges and agrees that the release set forth above may not be changed, amended, waived, discharged or terminated orally.

Release. (a) In consideration of Effective on the agreements of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgeddate hereof, each of Borrower and each Guarantor that executes this AmendmentGuarantor, for itself and on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent and each Lender, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lenders would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to such Borrower or such Guarantor (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforeseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich such Borrower or such Guarantor ever had from the beginning of the world, which any Releasor may now has, or might hereafter own, hold, have or claim to have against the Releasees any such Releasee which relates, directly or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents, except for the duties and obligations set forth in this Amendment. As to each and every Claim released hereunder, each Borrower and each Guarantor hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (b) As to each and every Claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other Loan Documents similar provision of applicable federal or transactions thereunder or related state law (including without limitation the laws of the state of New York), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. (bc) Each of Borrower and each Guarantor acknowledges that executes it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and agrees that this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Each Borrower and each Guarantor understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each Borrower and each Guarantor, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not ▇▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by such Person pursuant to the above release. Each Borrower and each Guarantor that executes this Amendment further agrees that no fact, event, circumstance, evidence it shall not dispute the validity or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature enforceability of the release set forth aboveCredit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If any Borrower, any Guarantor, or any of their respective successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through it violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein and for of, among other good and valuable considerationthings, the receipt Administrative Agent’s, the Fronting Banks’, the Swing Line Lenders’ and sufficiency the Lenders’ execution and delivery of which is hereby acknowledgedthis Amendment, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself and its successorsagents, assignsrepresentatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and other legal representatives assigns (Borrowercollectively, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutelyforever agrees and covenants not to ▇▇▇ or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, unconditionally releases and irrevocably releasesdischarges, remises and forever discharges to the Agents, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentsfullest extent permitted by law, each Lender Releasee from any and all such other Persons being hereinafter referred to collectively as the “Releasees” claims (including, without limitation, crossclaims, counterclaims, rights of set-off and individually as a “Releasee”recoupment), of and from all demands, actions, causes of action, suits, covenantsdebts, contractsliens, controversies, agreements, promises, sums of money, accounts, bills, reckoningswarranties, damages and consequential damages, judgments, costs or expenses whatsoever, that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Credit Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other claimsrepresentatives of each of the foregoing (collectively, counterclaimsthe “Releasees”), defensesbased in whole or in part on facts existing on or before the Amendment Effective Date, rights that relate to, arise out of set-offor otherwise are in connection with: (i) any or all of the Loan Documents or transactions contemplated thereby or any actions or omissions in connection therewith; or (ii) any aspect of the dealings or relationships between or among the Borrowers, demands on the one hand, and liabilities whatsoever any or all of every name the Credit Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. The receipt by any Borrower of any Advances or other financial accommodations made by any Credit Party after the date hereof shall constitute a ratification, adoption, and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor may now or hereafter own, hold, have or claim to have confirmation by such party of the foregoing general release of all Claims against the Releasees that are based in whole or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time in part on facts existing on or prior to the day date of receipt of any such Advances or other financial accommodations. In entering into this Agreement, each Borrower consulted with, and date has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 11 shall survive the termination of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a payment in full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.Advances. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW]

Release. (a) In consideration of the agreements of the Agents and Lenders contained herein herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, the Company on behalf of itself and its successors, assigns, heirs, executor, administrator and other legal representatives (Borrowerrepresentatives, each Guarantor hereby, jointly and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)severally, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their respective present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, members, managers, agents and other representatives (Agents, each Lender the Lenders and all such other Persons parties being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which the Company, or any Releasor of its officers, directors, employees, successors, assigns, heirs, executor, administrator or other legal representatives, as the case may be, may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, actionnature, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, as amended and supplemented through the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related theretodate hereof. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) 12.1. In consideration of the agreements Administrative Agent’s and the Lenders’ execution and delivery of the Agents and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledgedthis Amendment, each of Borrower and the other Loan Parties, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, subsidiaries, affiliates, successors and assigns (collectively, “Releasors”), hereby forever agrees and covenants not to ▇▇▇ or prosecute against any Releasee (as hereinafter defined) and hereby forever waives, releases and discharges, to the fullest extent permitted by law, each Guarantor Releasee from any and all claims (including, without limitation, crossclaims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential damages, demands, agreements, bonds, bills, specialties, covenants, controversies, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever, that executes such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether now existing or hereafter arising, whether arising at law or in equity (collectively, the “Claims”), against any or all of the Secured Parties in any capacity and their respective affiliates, subsidiaries, shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors and other representatives of each of the foregoing (collectively, the “Releasees”), based in whole or in part on facts, whether or not now known, existing on or before the Fifth Amendment Effective Date, that relate to, arise out of or otherwise are in connection with: (i) any or all of the Loan Documents (including this Amendment) or transactions contemplated thereby or hereby or any actions or omissions in connection therewith or herewith, or (ii) any aspect of the dealings between or among any state insurance department or other regulatory body with authority over the Borrower, the Loan Parties or any of their respective Regulated Insurance Subsidiaries, on the one hand, and any one or more of the Releasees, on the other hand, but only to the extent such dealings relate to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. In entering into this Amendment, Borrower and each other Loan Party consulted with, and has been represented by, legal counsel and expressly disclaims any reliance on any representations, acts or omissions by any of the Releasees and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section shall survive the termination of this Amendment, the Credit Agreement, the other Loan Documents and payment in full of the Obligations. 12.2. Each of Borrower and other Loan Parties, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releasesirrevocably, remises covenants and forever discharges the Agentsagrees with and in favor of each Releasee that it will not ▇▇▇ (at law, and Lenders, and their successors and assigns, and their present and former shareholders, Affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which in any Releasor may now regulatory proceeding or hereafter ownotherwise) any Releasee on the basis of any Claim released, hold, have or claim to have against the Releasees remissed and discharged by Borrower or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or transactions thereunder or related theretoParty pursuant to Section 12.1 hereof. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents Administrative Agent and the Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of the Borrower and each Guarantor that executes this Amendmentthe Guarantors, on behalf of itself themselves and its their successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”)representatives, hereby absolutely, unconditionally and irrevocably releasesrelease, remises remise and forever discharges discharge the Agents, Administrative Agent and the Lenders, and their successors and assigns, and their present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agents, each Lender the Administrative Agent and the Lenders and all such other Persons being hereinafter referred to in this Section 13.18 and Section 13.19 collectively as the “"Releasees” " and individually as a “"Releasee”"), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, referred to in this Section 13.18 and Section 13.19 as a "Claim" and collectively, "Claims") of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which the Borrower, the Guarantors or any Releasor of their successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, to the extent, and only to the extent, such Claims are for or on account of, or in relation to, or in any way related to or in connection with this Amendmentthe Original Credit Agreement or the other "Loan Documents" (as defined therein), the Existing Credit Agreement, the Amended Credit Agreement, Bridge Loan Agreement or any of the other Loan Documents (as defined therein) or transactions thereunder or related thereto. (b) Each of The Borrower and each Guarantor that executes this Amendment understandsthe Guarantors understand, acknowledges acknowledge and agrees agree that the release set forth above may be pleaded pled as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of The Borrower and each Guarantor that executes this Amendment agrees the Guarantors agree that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) A. In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this AmendmentBorrower, on behalf of itself itself, and its successors, assigns, assigns and other legal representatives (Borrower, each Guarantor Borrowers and all such other Persons persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the AgentsAgent, each Lender, and Lenders, and their its successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (AgentsAgent, each Lender and all such other Persons persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-set off, demands and liabilities whatsoever (individually, an “Indemnified Claim” and collectively, “Indemnified Claims”) of every name and nature, known or unknown, suspected or unsuspected, both at law and in equity, which any Releasor Releasors may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, any of the Existing Credit Agreement, the Amended Credit Agreement, Loan Agreement or any of the other Loan Documents or transactions thereunder or related thereto. In no event shall Releasors be obligated to indemnify or hold harmless a Releasee with respect to an Indemnified Claim that is determined in a final, non-appealable judgment by a court of competent jurisdiction to result from the gross negligence or willful misconduct of such Releasee. (b) Each B. It is the intention of Borrower Borrowers that this Amendment and the release set forth above shall constitute a full and final accord and satisfaction of all claims that may have or hereafter be deemed to have against Releasees as set forth herein. In furtherance of this intention, each Borrower, on behalf of itself and each Guarantor other Releasor, expressly waives any statutory or common law provision that executes would otherwise prevent the release set forth above from extending to claims that are not currently known or suspected to exist in any Releasor’s favor at the time of executing this Amendment and which, if known by Releasors, might have materially affected the agreement as provided for hereunder. Each Borrower, on behalf of itself and each other Releasor, acknowledges that it is familiar with Section 1542 of California Civil Code: C. Each Borrower, on behalf of itself and each other Releasor, waives and releases any rights or benefits that they may have under Section 1542 to the full extent that they may lawfully waive such rights and benefits, and each Borrower, on behalf of itself and each other Releasor, acknowledges that it understands the significance and consequences of the waiver of the provisions of Section 1542 and that it has been advised by counsel as to the significance and consequences of this waiver. D. Each Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) E. Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of the agreements of the Agents and Lenders Bank contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of the Borrower and each Guarantor that executes this Amendmentthe Subsidiary Guarantor, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their its present and former members, managers, shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents agents, consultants, financial advisors, legal representatives and other representatives (AgentsBorrower, each Lender the Subsidiary Guarantor, and all such other Persons being hereinafter referred to collectively as the “Releasees” "Releasing Parties" and individually as a “"Releasing Party"), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Bank, and each of its respective successors and assigns, and its respective present and former shareholders, members, managers, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents, legal representatives and other representatives (Bank and all such other Persons being hereinafter referred to collectively as the "Releasees" and individually as a "Releasee”"), of and from any and all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a "Claim" and collectively, "Claims") of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor Releasing Party or any of its successors, assigns or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this AmendmentAgreement, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this AmendmentAgreement, the Existing Credit Agreement, the Amended Credit Agreement, or any of the other Loan Documents or any of the transactions thereunder hereunder or related theretothereunder. (b) Each of Borrower and each the Subsidiary Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense to any Claim and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each the Subsidiary Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall will affect in any manner the final, absolute and unconditional nature of the release set forth above. (d) As to each and every claim released hereunder, Borrower and the Subsidiary Guarantor hereby represents that it has received the advice of legal counsel with regard to the releases contained herein. As to each and every claim released hereunder, Borrower and the Subsidiary Guarantor also waives the benefit of each other similar provision of applicable federal or state law (including without limitation the laws of the state of Illinois), if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. (e) Borrower and the Subsidiary Guarantor hereunder hereby specifically acknowledges and agrees that: (i) none of the provisions of this Section 7.6 shall be construed as or constitute an admission of any liability on the part of Releasees; (ii) the provisions of this Section 7.6 shall constitute an absolute bar to any Claim of any kind, whether any such Claim is based on contract, tort, warranty, mistake or any other theory, whether legal, statutory or equitable; and (iii) any attempt to assert a Claim barred by the provisions of this Section 7.6 shall subject Borrower and the Subsidiary Guarantor hereunder to the provisions of applicable law setting forth the remedies for the bringing of groundless, frivolous or baseless claims or causes of action

Release. (a) In consideration of the agreements of the Agents Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, each of Borrower and each Guarantor that executes this Amendmentexecuting a Consent and Reaffirmation in the form attached hereto, on behalf of itself and its successors, assigns, and other legal representatives (Borrower, each Guarantor and all such other Persons being hereinafter referred to collectively as the “Releasors” and individually as a “Releasor”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the Agents, and Lenders, and their successors and assigns, and their its present and former shareholders, Affiliatesaffiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agentssuch Borrowers, each Lender such Guarantors and all such other Persons being hereinafter referred to collectively as the “Releasing Parties” and individually as a “Releasing Party”), hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent and Lenders, and their respective successors and assigns, and their respective present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent and such Lenders and all such other Persons being hereinafter referred to collectively as the “Releasees” and individually as a “Releasee”), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name kind and nature, known or unknown, suspected or unsuspected, both at law and or in equity, which any Releasor Borrower or any Guarantor or any of their respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, including, without limitation, for or on account of, or in relation to, or in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Loan Agreement, or any of the other Loan Documents Other Agreements or transactions thereunder hereunder or related theretothereunder. (b) Each of Borrower and each Guarantor that executes this Amendment understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (c) Each of Borrower and each Guarantor that executes this Amendment agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above.

Release. (a) In consideration of Effective on the agreements of the Agents date hereof, Borrower, for itself and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Borrower and each Guarantor that executes this Amendment, on behalf of itself and its successors, assigns, and other legal representatives (Borrowerofficers, each Guarantor directors, employees, agents and all such other Persons being hereinafter referred to collectively as the “Releasors” attorneys, and individually as a “Releasor”)any Person acting for or on behalf of, or claiming through it, hereby absolutelywaives, unconditionally and irrevocably releases, remises and forever discharges each member of the AgentsLender Group, each of their respective Affiliates, and Lenderseach of their respective successors in title, and their successors and assignspast, and their present and former shareholdersfuture officers, Affiliatesdirectors, employees, limited partners, general partners, investors, attorneys, assigns, subsidiaries, divisionsshareholders, predecessors, directors, officers, attorneys, employeestrustees, agents and other representatives (Agents, each Lender professionals and all other persons and entities to whom any member of the Lender Group would be liable if such other Persons being hereinafter referred persons or entities were found to collectively as be liable to Borrower (each a “Releasee” and collectively, the “Releasees” and individually as a “Releasee”), of from any and from all past, present and future claims, suits, liens, lawsuits, adverse consequences, amounts paid in settlement, debts, deficiencies, diminution in value, disbursements, demands, actionsobligations, liabilities, causes of action, suitsdamages, covenantslosses, contractscosts and expenses of any kind or character, controversieswhether based in equity, agreementslaw, promisescontract, sums of moneytort, accountsimplied or express warranty, billsstrict liability, reckoningscriminal or civil statute or common law (each a “Claim” and collectively, damages and any and all other claimsthe “Claims”), counterclaims, defenses, rights of set-off, demands and liabilities whatsoever of every name and nature, whether known or unknown, fixed or contingent, direct, indirect, or derivative, asserted or unasserted, matured or unmatured, foreseen or unforseen, past or present, liquidated or unliquidated, suspected or unsuspected, both at law and in equitywhich Borrower ever had from the beginning of the world to the date hereof, which any Releasor may now has, or might hereafter own, hold, have or claim to have against the Releasees or any of them forsuch Releasee for actions, uponomissions, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time events occurring on or prior before the date hereof which relates, directly or indirectly to the day and date of this Amendment, in any way related to or in connection with this Amendment, the Existing Credit Agreement, the Amended Credit Agreementany other Loan Document, or to any acts or omissions of any such Releasee with respect to the Credit Agreement or any other Loan Document, or to the lender-borrower relationship evidenced by the Loan Documents. As to each and every Claim released hereunder, Borrower hereby represents that it has received the advice of legal counsel with regard to the releases contained herein, and having been so advised, specifically waives the benefit of the provisions of Section 1542 of the Civil Code of California which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH A CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (b) As to each and every Claim released hereunder, Borrower also waives the benefit of each other Loan Documents similar provision of applicable federal or transactions thereunder or related state law, if any, pertaining to general releases after having been advised by its legal counsel with respect thereto. (bc) Each of Borrower acknowledges that it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such Claims and each Guarantor agrees that executes this Amendment instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Borrower understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (cd) Each Borrower, for itself and on behalf of its successors, assigns, and officers, directors, employees, agents and attorneys, and any Person acting for or on behalf of, or claiming through it, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee above that it will not s▇▇ (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any claim released, remised and discharged by such Person pursuant to the above release. Borrower and each Guarantor that executes this Amendment further agrees that no fact, event, circumstance, evidence it shall not dispute the validity or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature enforceability of the release set forth aboveCredit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If Borrower or any of its successors, assigns, or officers, directors, employees, agents or attorneys, or any Person acting for or on behalf of, or claiming through them violate the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by such Releasee as a result of such violation.