Common use of Scope of Amendment; Reaffirmation; Release Clause in Contracts

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected by this Amendment. Except as affected by this Amendment, the Loan Documents remain unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected by this Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGAL, VALID, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM ANY LIABILITY FOR ACTIONS OR OMISSIONS IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENT.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this First Amendment. Except as affected by this First Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this First Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this First Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTFIRST AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Ninth Amendment. Except as affected by this Ninth Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Ninth Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Ninth Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTNINTH AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Eleventh Amendment. Except as affected by this Eleventh Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Eleventh Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Eleventh Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTELEVENTH AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Sixth Amendment. Except as affected by this Sixth Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Sixth Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Sixth Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTSIXTH AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Fourth Amendment. Except as affected by this Fourth Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Fourth Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Fourth Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTFOURTH AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Eighth Amendment. Except as affected by this Eighth Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Eighth Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Eighth Amendment). Borrowers hereby confirm and ratify all of the representations, warranties, covenants and obligations of DD Energy as set forth in the Loan Documents. BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTEIGHTH AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Fifth Amendment. Except as affected by this Fifth Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Fifth Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Fifth Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTFIFTH AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Tenth Amendment. Except as affected by this Tenth Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Tenth Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Tenth Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTTENTH AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Seventh Amendment. Except as affected by this Seventh Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Seventh Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Seventh Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTSEVENTH AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Amendment. Except as affected by this Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Parent hereby reaffirms its obligations under the Loan Documents to which each is a party and agrees that all Loan Documents to which it is a party remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Amendment). AS A MATERIAL PART OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGAL, VALID, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE CONSIDERATION FOR AGENT AND LENDERS ENTERING INTO THIS AMENDMENT, PARENT HEREBY RELEASES AND FOREVER DISCHARGES AGENT AND LENDERS (AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM ANY LIABILITY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, OR LIABILITIES FOR ACTIONS OR OMISSIONS (WHETHER ARISING AT LAW OR IN EQUITY, AND WHETHER DIRECT OR INDIRECT) IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENT, WHETHER OR NOT HERETOFORE ASSERTED, AND WHICH BORROWER OR ANY COMPANY MAY HAVE OR CLAIM TO HAVE AGAINST AGENT AND LENDERS.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Third Amendment. This Third Amendment is a Loan Document. Except as affected by this Third Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Third Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Third Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTTHIRD AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Second Amendment. This Second Amendment is a Loan Document. Except as affected by this Second Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Second Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party to remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Second Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT ADMINISTRATIVE AGENT, L/C ISSUER AND BANKS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, OR LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTSECOND AMENDMENT CLOSING DATE.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Amendment. Except as affected by this Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrower hereby reaffirms its obligations under the Loan Documents to which it is a party and agrees that all Loan Documents to which it is a party remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Amendment). AS A MATERIAL PART OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGAL, VALID, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS (AS THE SAME ARE AFFECTED BY CONSIDERATION FOR LENDER ENTERING INTO THIS AMENDMENT). , BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FOREVER DISCHARGES LENDER (AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM ANY LIABILITY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, OR LIABILITIES FOR ACTIONS OR OMISSIONS (WHETHER ARISING AT LAW OR IN EQUITY, AND WHETHER DIRECT OR INDIRECT) IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENT, WHETHER OR NOT HERETOFORE ASSERTED, AND WHICH BORROWER OR ANY COMPANY MAY HAVE OR CLAIM TO HAVE AGAINST LENDER.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Agreement shall refer to the Credit Agreement as affected amended by this Second Amendment. Except as affected by this Second Amendment, the Loan Documents remain are unchanged and continue in full force and effect. However, in the event of any inconsistency between the terms of the Credit Agreement (as affected amended by this Second Amendment) and any other Loan Document, the terms of the Credit Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS to be amended to conform to the terms of the Credit Agreement. Borrowers hereby reaffirm their obligations under the Loan Documents to which they are a party to and agree that all Loan Documents to which they are a party remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (as the same are affected by this Second Amendment). BORROWERS HEREBY RELEASE, DISCHARGE AND ACQUIT LENDER FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF THE CREDIT AGREEMENT. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALACTION, VALIDREMEDIES, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS LIABILITIES OF EVERY KIND OR NATURE (AS THE SAME ARE AFFECTED BY THIS AMENDMENT). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT INCLUDING WITHOUT LIMITATION, OFFSETS, REDUCTIONS, REBATES, AND LENDERS FROM LENDER LIABILITY) ARISING OUT OF ANY LIABILITY FOR ACTIONS ACT, OCCURRENCE, TRANSACTION OR OMISSIONS OMISSION OCCURRING IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS SECOND AMENDMENT.

Scope of Amendment; Reaffirmation; Release. All references to the Credit Loan Agreement shall refer to the Credit Loan Agreement as affected amended by this Amendment. Except as affected by this Amendment, the Loan Credit Documents remain are unchanged and continue in full force and effecteffect and the foregoing together with the other Credit Documents are hereby ratified and confirmed by Borrower. However, in the event of any inconsistency between the terms of the Credit Loan Agreement (as affected amended by this Amendment) and any other Loan DocumentCredit Documents, the terms of the Credit Loan Agreement shall control and such other document shall be deemed TO BE AMENDED TO CONFORM TO THE TERMS OF THE CREDIT AGREEMENTto be amended to conform to the terms of the Loan Agreement. BORROWER HEREBY REAFFIRMS ITS OBLIGATIONS UNDER THE LOAN DOCUMENTS TO WHICH IT IS A PARTY AND AGREES THAT ALL LOAN DOCUMENTS TO WHICH IT IS A PARTY REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE LEGALBorrower hereby acknowledges, VALIDconfirms and agrees that Lender has and shall continue to have valid, AND BINDING OBLIGATIONS ENFORCEABLE IN ACCORDANCE WITH THEIR TERMS enforceable and perfected first-priority liens upon, and security interests in and to the Collateral heretofore granted to Lender pursuant to the Credit Documents. Borrower hereby reaffirms its obligations under the Credit Documents to which it is a party and agrees that all Credit Documents to which it is a party remain in full force and effect and continue to be legal, valid, and binding obligations enforceable in accordance with their terms (AS THE SAME ARE AFFECTED BY THIS AMENDMENTas the same are affected by this Amendment). BORROWER HEREBY RELEASES ADMINISTRATIVE AGENT AND LENDERS FROM ANY LIABILITY FOR ACTIONS OR OMISSIONS IN CONNECTION WITH THE CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS PRIOR TO THE DATE OF THIS AMENDMENTAs a material part of the consideration for Lender entering into this Amendment, Borrower hereby releases and forever discharges Lender (and its successors, assigns, affiliates, officers, managers, directors, employees, and agents) from any and all claims, demands, damages, causes of action, or liabilities for actions or omissions (whether arising at law or in equity, and whether direct or indirect) in connection with the Loan Agreement and the other Credit Documents prior to the date of this Amendment, whether or not heretofore asserted, and which Borrower or any Loan Party may have or claim to have Lender.