Common use of No Novation Clause in Contracts

No Novation. Neither this Second Amendment nor the effectiveness of the Amended Credit Agreement shall extinguish the Finance Obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, of the Finance Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming the same (except as otherwise expressly provided herein), which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreement.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Agreement Amendment shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement, the Existing Collateral Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Existing Credit Agreement, the Existing Collateral Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Agreement Amendment or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers Holdings, any Borrower or any other Loan Subsidiary Party under any other Loan Security Document from any of its obligations and liabilities thereunderas “Holdings”, and such obligations are in all respects continuing with only a “Borrower”, the terms being modified as provided in this Second Amendment and in “U.S. Borrower”, the Amended “Canadian Borrower”, the “Dutch Borrower”, the “U.K. Borrowers”, a “Subsidiary Loan Party”, a “Pledgor”, a “Guarantor” or a “Grantor” under the Existing Credit Agreement, the Existing Collateral Agreement (except as otherwise expressly provided herein)or the other Security Documents. The Each of the Existing Credit Agreement, the Existing Collateral Agreement and each of the other Loan Security Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified hereby. This Second hereby or by the Amendment shall constitute a Loan Document for all purposes of the Credit Agreement or in connection herewith and the Amended Credit Agreementtherewith.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Amendment Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or any Security Documents or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Existing Credit Agreement Agreement, the Security Documents or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Amendment Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of Holdings, the Borrowers under the Credit Agreement or of the Borrowers Borrower or any other Loan Subsidiary Party under any other Loan Security Document from any of its obligations and liabilities thereunderas “Holdings”, and such obligations are in all respects continuing with only the “Borrower”, a “Subsidiary Loan Party”, a “Pledgor” or a “Guarantor” under the Existing Credit Agreement or the Security Documents; provided that, pursuant to the terms being modified as provided in this Second of the Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit i) the Existing Guaranty and Pledge Agreement shall be automatically terminated on the Amendment Effective Date and each of (ii) the other Loan Documents shall remain in full force Modified Guaranty and effect, until and except as modified hereby. This Second Pledge Agreement will become effective on the Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit AgreementEffective Date.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Amendment Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Amendment Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers Holdings, Intermediate Holdings, any Borrower or any other Loan Subsidiary Party under any other Loan Security Document from any of its obligations and liabilities thereunderas “Holdings”, and such obligations are in all respects continuing with only “Intermediate Holdings”, a “Borrower”, the terms being modified as provided in this Second Amendment and in “U.S. Borrower”, the Amended “German Borrower”, or a “Subsidiary Loan Party” under the Existing Credit Agreement (except as otherwise expressly provided herein)or the other Security Documents. The Each of the Existing Credit Agreement and each of the other Loan Security Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified hereby. This Second hereby or by the Amendment shall constitute a Loan Document for all purposes of the Credit Agreement or in connection herewith and the Amended Credit Agreementtherewith.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Amendment and Restatement Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Amendment and Restatement Agreement or the Restated Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Amendment and Restatement Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of Holdings, the Borrowers under the Credit Agreement or of the Borrowers Borrower or any other Subsidiary Loan Party under any other Loan Document from any of its obligations and liabilities thereunderas “Holdings”, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in “Borrower”, a “Subsidiary Loan Party”, a “Pledgor” or a “Grantor” under the Amended Restated Credit Agreement (except as otherwise expressly provided herein)or the Loan Documents. The Each of the Existing Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified herebyhereby or by the Amendment and Restatement Agreement or in connection herewith and therewith. This Second Amendment shall constitute a Loan Document for all purposes [The remainder of the Credit Agreement and the Amended Credit Agreement.this page intentionally left blank]

No Novation. Neither this Second Amendment Agreement nor the effectiveness of the Amended Restated Credit Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent except as expressly provided for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect herein with respect to all Finance Obligationsthe Term Loan Repayment. Nothing Except with respect to the Term Loan Repayment, nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Restated Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Existing Credit Agreement or of the Borrowers Borrower or any other Loan Party under any other Loan Document (as defined in the Existing Credit Agreement) from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Existing Credit Agreement and each of the other Loan Documents (as defined in the Existing Credit Agreement) shall remain in full force and effect, until and except as modified herebyhereby or thereby in connection herewith or therewith. This Second Amendment Agreement shall constitute a Loan Document for all purposes of the Existing Credit Agreement and the Amended Restated Credit Agreement.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended DIP ABL Credit Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended DIP ABL Credit Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers Holdings, Intermediate Holdings, any Borrower or any other Subsidiary Loan Party under any other Loan Security Document from any of its obligations and liabilities thereunderas “Holdings”, and such obligations are in all respects continuing with only “Intermediate Holdings”, a “Borrower”, the terms being modified as provided in this Second Amendment and in “U.S. Borrower”, a “German Borrower”, the Amended “Canadian Borrower” or a “Subsidiary Loan Party” under the Existing Credit Agreement (except as otherwise expressly provided herein)or the other Security Documents. The Each of the Existing Credit Agreement and each of the other Loan Security Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of hereby or by the DIP ABL Credit Agreement or in connection herewith and the Amended Credit Agreementtherewith.

No Novation. Neither this Second Third Amendment nor the effectiveness of the Amended Credit Agreement shall extinguish the Finance Obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, of the Finance Obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein), which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Third Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Existing Credit Agreement or of the Borrowers or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Third Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Existing Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified hereby. This Second Third Amendment shall constitute a Loan Document for all purposes of the Existing Credit Agreement and the Amended Credit Agreement.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Amendment and Restatement Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Amendment and Restatement Agreement or the Restated Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Restated Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Amendment and Restatement Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of Holdings, the Borrowers under the Credit Agreement or of the Borrowers Borrower or any other Subsidiary Loan Party under any other Loan Document from any of its obligations and liabilities thereunderas "Holdings", and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in "Borrower", a "Subsidiary Loan Party", a "Pledgor" or a "Grantor" under the Amended Restated Credit Agreement (except as otherwise expressly provided herein)or the Loan Documents. The Each of the Restated Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified hereby. This Second hereby or by the Amendment shall constitute a Loan Document for all purposes of the Credit and Restatement Agreement or in connection herewith and the Amended Credit Agreementtherewith.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Amendment Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Amendment Agreement or the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Amendment Agreement or the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Amendment Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers any Borrower or any other Loan Party Guarantor or any Pledgor or any Grantor under any other Loan Collateral Document from any of its obligations and liabilities thereunderas a "Borrower", and such obligations are in all respects continuing with only "Subsidiary Guarantor", "Subsidiary Loan Party", "Subsidiary Pledgor", "Subsidiary Grantor", "Guarantor", "Loan Party", "Pledgor" or "Grantor" under the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein)or the Collateral Documents. The Each of the Credit Agreement and each of the other Loan Collateral Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified hereby. This Second hereby or by the Amendment shall constitute a Loan Document for all purposes of the Credit Agreement or in connection herewith and the Amended Credit Agreementtherewith.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit this Agreement shall extinguish or in any way limit or impair the Finance Obligations for the payment of money obligations outstanding under the Security Documents or the other Credit Agreement (except as otherwise expressly provided herein) Documents or discharge or release the Lien lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance ObligationsSecurity Documents. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations Existing Credit Agreement, any other Credit Document or of the obligations outstanding under the Security Documents or the other Credit Agreement Documents or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent expressly modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended and Restated Credit Agreement Agreement, the Security Documents, the other Credit Documents or in any other document contemplated hereby or thereby shall (a) be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers any Borrower or any other Loan Credit Party under any other Loan Document from any of its obligations and liabilities thereunderas a “U.S. Borrower,” “Dutch Borrower”, and such obligations are in all respects continuing with only “Borrower”, “Guarantor,” “Credit Party,” “Obligor” or “Grantor” under the terms being modified as provided in this Second Amendment and in Existing Credit Agreement, the Amended and Restated Credit Agreement, the Security Documents or any other Credit Document or (b) be construed to limit, impair, constitute a waiver of or otherwise affect the rights and remedies of any Lender or Agent under the Existing Credit Agreement (except as otherwise expressly provided herein)or any other Credit Document. The Credit Agreement and each Each of the other Loan Credit Documents shall remain in full force and effect, until (as applicable) and except as to any extent expressly modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreementhereby or in connection herewith.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended and Restated Credit Agreement or the Assignment and Amendment Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the 1993 ASI Credit Agreement (except as otherwise expressly provided herein) or the Amended and Restated Credit Agreement or discharge or release the Lien or priority of any Loan Document pledge agreement or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the 1993 ASI Credit Agreement or the Amended and Restated Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended and Restated Credit Agreement, the Assignment and Amendment Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers any Borrower or any other Loan Party Guarantor or any Pledgor under any other Loan Credit Document from any of its obligations and liabilities thereunderas a "Borrower", and such obligations are in all respects continuing with only "Guarantor" or "Pledgor" under the terms being modified as provided in this Second Amendment and in the Amended 1993 ASI Credit Agreement (except as otherwise expressly provided herein)or the Credit Documents. The Each of the 1993 ASI Credit Agreement and each of the other Loan Credit Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified hereby. This Second hereby or by the Assignment and Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreementor in connection herewith or therewith.

No Novation. Neither this Second Amendment Agreement nor the effectiveness of the Amended Restated Credit Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent except as expressly provided for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect herein with respect to all Finance Obligationsthe Term Loan Repayment and the Release. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Restated Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Existing Credit Agreement or of the Borrowers or any other Loan Party under any other Loan Document (as defined in the Existing Credit Agreement) from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Existing Credit Agreement and each of the other Loan Documents (as defined in the Existing Credit Agreement) shall remain in full force and effect, until and except as modified herebyhereby or thereby in connection herewith or therewith. This Second Amendment Agreement shall constitute a Loan Document for all purposes of the Existing Credit Agreement and the Amended Restated Credit Agreement.

No Novation. Neither this Second Amendment Waiver and Consent nor the effectiveness ----------- replacement of the Amended Credit terms of the Financing Agreement by the terms of this Waiver and Consent shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Credit Financing Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document security agreement, any pledge agreement or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under the Credit Financing Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewithhereby. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement Waiver and Consent or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only . Each of the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Financing Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified herebyhereby or in connection herewith. This Second Amendment shall constitute Waiver and Consent is a Loan Document for all purposes of executed pursuant to the Credit Financing Agreement and shall be construed, administered and applied in accordance with the Amended Credit Agreementterms and provisions thereof.

No Novation. Neither this Second This Amendment nor the effectiveness of the Amended Credit Agreement No. 1 shall not extinguish the Finance Obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests existing immediately prior to the Amendment No. 1 Effective Date in favor of the Collateral Administrative Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, of the Finance Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement Amendment No. 1 or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Credit Agreement or of the Borrowers Borrower or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein)No. 1. The Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified hereby. This Second Amendment No. 1 shall constitute a Loan Document for all purposes of the Credit Agreement and Agreement. Each Guarantor further agrees that nothing in the Amended Credit Agreement, this Amendment No. 1 or any other Loan Document shall be deemed to require the consent of such Guarantor to any future amendment to the Credit Agreement.

No Novation. Neither this Second Amendment nor the effectiveness ----------- replacement of the Amended Credit terms of the Financing Agreement by the terms of this Amendment shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Credit Financing Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document security agreement, any pledge agreement or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under the Credit Financing Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewithhereby. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement Amendment or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only . Each of the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Financing Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified herebyhereby or in connection herewith. This Second Amendment, the Fourth Amendment shall constitute a Fee Letter and each document, instrument and agreement required to be delivered pursuant to Section 4.01(f)(ii) ------------------- hereof are Loan Document for all purposes of Documents executed pursuant to the Credit Financing Agreement and shall be construed, administered and applied in accordance with the Amended Credit Agreementterms and provisions thereof.

No Novation. Neither this Second Amendment nor the effectiveness of the Amended Restated Credit Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under (and as defined in) the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Amendment, the Amended Restated Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Existing Credit Agreement or of the Borrowers Borrower or any other Loan Party under any other Loan Document (as defined in the Existing Credit Agreement) from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Existing Credit Agreement and each of the other Loan Documents (as defined in the Existing Credit Agreement) shall remain in full force and effect, until and except as modified herebyhereby or in connection herewith. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Restated Credit Agreement.

No Novation. Neither this Second This Amendment nor shall not extinguish or otherwise modify the effectiveness of the Amended Credit Agreement shall extinguish the Finance Obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided hereinwith respect to the Loan Repayment) or discharge or release or otherwise modify the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Secured Obligations are in all respects continuing and in full force and effect with respect to all Finance Secured Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, of the Finance Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided hereinwith respect to the Loan Repayment), which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAmendment or any document contemplated hereby (i) shall by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the Amended rights and remedies of the Lenders or the Agents under the Credit Agreement or any other document contemplated hereby Loan Document or thereby (ii) shall be construed as a release or other discharge of the Borrowers Borrower under the Credit Agreement or of the Borrowers Borrower or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided hereinwith respect to the Loan Repayment). The Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified hereby. Nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or any other Loan Document in similar or different circumstances. After the date hereof, any reference to the Credit Agreement in any Loan Document, and the terms “this Agreement”, “herein”, “hereunder”, “hereto”, “hereof” and words of similar import in the Credit Agreement, shall, unless the context otherwise requires, mean the Credit Agreement as modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreement.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Amendment and Restatement Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Amendment and Restatement Agreement or the Restated Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Amendment and Restatement Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of Holdings, the Borrowers under the Credit Agreement or of the Borrowers Borrower or any other Subsidiary Loan Party under any other Loan Document from any of its obligations and liabilities thereunderas "Holdings", and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in "Borrower", a "Subsidiary Loan Party", a "Pledgor" or a "Grantor" under the Amended Restated Credit Agreement (except as otherwise expressly provided herein)or the Loan Documents. The Each of the Existing Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified herebyhereby or by the Amendment and Restatement Agreement or in connection herewith and therewith. This Second Amendment shall constitute a Loan Document for all purposes [The remainder of the Credit Agreement and the Amended Credit Agreement.this page intentionally left blank]

No Novation. Neither this Second Amendment nor the effectiveness ----------- replacement of the Amended Credit terms of the Financing Agreement by the terms of this Amendment shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Credit Financing Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document security agreement, any pledge agreement or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under the Credit Financing Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewithhereby. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement Amendment or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only . Each of the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Financing Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified herebyhereby or in connection herewith. This Second Amendment, the Fifth Amendment shall constitute a Fee Letter and each document, instrument and agreement required to be delivered pursuant to Section 4.01(f)(ii) hereof are Loan Document for all purposes of Documents executed pursuant to the Credit ------------------- Financing Agreement and shall be construed, administered and applied in accordance with the Amended Credit Agreementterms and provisions thereof.

No Novation. Neither this Second Amendment nor the effectiveness of the Amended and Restated Credit Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests except as expressly provided for herein or in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are any other Loan Documents entered into in all respects continuing and in full force and effect connection herewith with respect to all Finance Obligationsthe release of a portion of the pledge of the Equity Interests of and the Lien on the assets of, and guarantees by, Foreign Subsidiaries. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing Except as specified above in this Section 9, nothing expressed or implied in this Second Amendment, the Amended and Restated Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Credit Agreement or of the Borrowers Borrower or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified herebyhereby or thereby in connection herewith or therewith. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended and Restated Credit Agreement.

No Novation. Neither this Second Amendment n°3 nor the effectiveness of the Amended Credit Agreement Agreement, as amended by this Amendment n°3, shall extinguish the Finance Obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien lien or priority of any Loan Finance Document or any other security therefor thereof or any guarantee thereof, and the liens and security interests existing immediately prior to the Effective Date in favor favour of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, of the Finance Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as expressly modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAmendment n°3, the Amended Credit Agreement as amended by this Amendment n°3 or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Credit Agreement or of the Borrowers or any other Loan Party under any other Loan Finance Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment n°3 and in the Amended Credit Agreement (except as otherwise expressly provided herein)amended by this Amendment n°3. The Credit Agreement and each of the other Loan Finance Documents shall remain in full force and effect, until and except as modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreement.

No Novation. Neither this Second Amendment nor the execution, delivery or effectiveness of the Amended Credit Agreement this Amendment shall extinguish or in any way limit or impair the Finance Obligations for the payment of money obligations outstanding under the Security Documents or the other Credit Agreement (except as otherwise expressly provided herein) Documents or discharge or release the Lien lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance ObligationsSecurity Documents. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations Credit Agreement, any other Credit Document or of the obligations outstanding under the Security Documents or the other Credit Agreement Documents or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent expressly modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Amendment, the Credit Agreement, the Amended Credit Agreement Agreement, the Security Documents, the other Credit Documents or in any other document contemplated hereby or thereby shall (a) be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers any Borrower or any other Loan Credit Party under any other Loan Document from any of its obligations and liabilities thereunderas a “U.S. Borrower,” “Dutch Borrower”, “UK Borrower”, “Borrower”, “Guarantor,” “Credit Party,” “Obligor” or “Grantor” under the Credit Agreement or the Amended Credit Agreement, the Security Documents or any other Credit Document or (b) be construed to limit, impair, constitute a waiver of or otherwise affect the rights and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in remedies of any Lender or Agent under the Amended Credit Agreement (except as otherwise expressly provided herein)or any other Credit Document. The Credit Agreement and each Each of the other Loan Credit Documents shall remain in full force and effect, until (as applicable) and except as to any extent expressly modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreementhereby or in connection herewith.

No Novation. Neither It is the intention of the parties hereto that this Second Amendment (including Exhibit A hereto) shall not constitute a termination of the Existing Credit Agreement, nor shall it extinguish the effectiveness obligations for the payment of any Secured Obligations and/or any amounts due under the Existing Credit Agreement, or discharge or release (a) the performance of any party or (b) the attachment, creation or priority of any security interest or other Lien granted under the Collateral Agreement or any other Security Document (including the IP Security Agreements). It is the intention of the parties hereto that nothing herein contained or in the Amended Credit Agreement shall extinguish the Finance Obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or substitution, novation, release or a payment and reborrowing, or a termination, discharge of (a) any of the Finance Loans or other obligations outstanding under the Existing Credit Agreement or (b) any of the Secured Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming the same (except as otherwise expressly provided herein)Collateral Agreement, each of which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or attached hereto. It is the intention of the Borrowers or any other Loan Party parties hereto that all such security interests and Liens granted under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Collateral Agreement and each of the other Loan Documents (including the security interests and Liens granted under the Collateral Agreement and the IP Security Agreements) shall remain continue in full force and effecteffect as amended, until and except as supplemented or otherwise modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreementherein.

No Novation. Neither this Second Amendment Agreement nor the effectiveness of the Amended Restated Credit Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent except as expressly provided for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect herein with respect to all Finance Obligationsthe Term Loan Repayment. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except with respect to the Term Loan Repayment and as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Restated Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Existing Credit Agreement or of the Borrowers Borrower or any other Loan Party under any other Loan Document (as defined in the Existing Credit Agreement) from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing thereunder except with only respect to the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein)Term Loan Repayment. The Existing Credit Agreement and each of the other Loan Documents (as defined in the Existing Credit Agreement) shall remain in full force and effect, until and except as modified herebyhereby or in connection herewith or therewith. This Second Amendment Agreement shall constitute a Loan Document for all purposes of the Existing Credit Agreement and the Amended Restated Credit Agreement.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Agreement Amendment shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) or the Loan Guaranty or discharge or release the Lien or priority of any Loan Collateral Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Agreement Amendment or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of Holdings, the Borrowers under the Credit Agreement or of the Borrowers Parent Borrower or any other Loan Subsidiary Party under any other Loan Collateral Document from any of its obligations and liabilities thereunderas “Holdings”, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in “Parent Borrower”, the Amended “Canadian Subsdiary Borrower”, a “Loan Party”, a “Subsidiary Loan Party”, a “Pledgor”, a “Grantor” or a “Loan Guarantor” under the Existing Credit Agreement (except as otherwise expressly provided herein)Agreement, the Loan Guaranty or the Collateral Documents. The Credit Agreement and each Each of the other Existing Credit Agreement, the Loan Guaranty and the Collateral Documents shall remain in full force and effect, until effect except to any extent modified hereby or by the Amendment or in connection herewith and except as modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreementtherewith.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Amendment Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Amendment Agreement or the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Security Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Amendment Agreement or the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Amendment Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers any Borrower or any other Loan Party Subsidiary Guarantor or any Pledgor or any Grantor under any other Loan Collateral Document from any of its obligations and liabilities thereunderas a "Borrower", and such obligations are in all respects continuing with only "Subsidiary Guarantor", "Subsidiary Loan Party", "Pledgor" or "Grantor" under the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein)or the Collateral Documents. The Each of the Credit Agreement and each of the other Loan Collateral Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified hereby. This Second hereby or by the Amendment shall constitute a Loan Document for all purposes of the Credit Agreement or in connection herewith and the Amended Credit Agreementtherewith.

No Novation. Neither this Second Amendment Agreement nor the effectiveness of the Amended and Restated Credit Agreement shall extinguish the Finance Obligations for the payment of money outstanding under the Existing Credit Agreement (except as otherwise expressly provided hereinwith respect to the Existing Term Loan Refinancing) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, of the Finance Obligations outstanding under the Existing Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided hereinwith respect to the Existing Term Loan Refinancing), which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended and Restated Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers a Borrower under the Existing Credit Agreement or of the Borrowers a Borrower or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment Agreement and in the Amended and Restated Credit Agreement (except as otherwise expressly provided hereinwith respect to the Existing Term Loan Refinancing). The Existing Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified hereby. This Second Amendment Agreement shall constitute a Loan Document for all purposes of the Existing Credit Agreement and the Amended and Restated Credit Agreement.

No Novation. Neither this Second Amendment Agreement nor the execution, delivery or effectiveness of the Amended Credit Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided herein) or the Credit Agreement or discharge or release the Lien or priority of any Loan Document the Pledge Agreement or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationstherefor. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Credit Agreement or the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Agreement Amendment or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or of the Borrowers any Borrower or any other Loan Party Guarantor or any Subsidiary Pledgor or any Pledgor or any party to the Indemnity, Subrogation and Contribution Agreement under any other Loan Collateral Document from any of its obligations and liabilities thereunderas a "Borrower", "Guarantor", "Subsidiary Loan Party", "Pledgor" or "party to the Indemnity, Subrogation and such obligations are in all respects continuing with only Contribution Agreement" under the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein)or the Collateral Documents. The Each of the Credit Agreement and each of the other Loan Collateral Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified hereby. This Second hereby or by the Amendment shall constitute a Loan Document for all purposes of the Credit Agreement or in connection herewith and the Amended Credit Agreementtherewith.

No Novation. Neither this Second Amendment nor It is the effectiveness intention of the Amended parties hereto that this Amendment (including Exhibit A hereto) shall not constitute a termination of the Existing Credit Agreement (as defined below), nor shall it extinguish the Finance Obligations obligations for the payment of money outstanding any Secured Obligations and/or any amounts due under the Existing Credit Agreement (except as otherwise expressly provided herein) Agreement, or discharge or release (a) the Lien performance of any party or (b) the attachment, creation or priority of any Loan Document security interest or other Lien granted under the Collateral Agreement or any other security therefor or any guarantee thereof, and Security Document (including the liens and security interests in favor IP Security Agreements). It is the intention of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing parties hereto that nothing herein contained or in the Credit Agreement shall be construed as a substitution or substitution, novation, release or a payment and reborrowing, or a termination, discharge of (a) any of the Finance Loans or other obligations outstanding under the Existing Credit Agreement or (b) any of the Secured Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming the same (except as otherwise expressly provided herein)Collateral Agreement, each of which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or attached hereto. It is the intention of the Borrowers or any other Loan Party parties hereto that all such security interests and Liens granted under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Collateral Agreement and each of the other Loan Documents (including the security interests and Liens granted under the Collateral Agreement and the IP Security Agreements) shall remain continue in full force and effecteffect as amended, until and except as supplemented or otherwise modified herebyherein. This Second Amendment As used in this Section, the term “Existing Credit Agreement” shall constitute a Loan Document for all purposes of mean the Credit Agreement and as in effect immediately prior to this Amendment becoming effective on the Amended Credit AgreementFourth Amendment Effective Date.

No Novation. Neither this Second This Incremental Amendment nor the effectiveness of the Amended Credit Agreement shall not extinguish the Finance Obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests existing immediately prior to the Second Incremental Amendment Effective Date in favor of the Collateral Administrative Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, of the Finance Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement Incremental Amendment or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Credit Agreement or of the Borrowers Borrower or any other Loan Party under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein)Incremental Amendment. The Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified hereby. This Second Incremental Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and Agreement. Each Guarantor further agrees that nothing in the Amended Credit Agreement, this Incremental Amendment or any other Loan Document shall be deemed to require the consent of such Guarantor to any future amendment to the Credit Agreement.

No Novation. Neither this Second Amendment n°4 nor the effectiveness of the Amended Credit Agreement Agreement, as amended by this Amendment n°4, shall extinguish the Finance Obligations for the payment of money outstanding under the Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien lien or priority of any Loan Finance Document or any other security therefor thereof or any guarantee thereof, and the liens and security interests existing immediately prior to the Effective Date in favor favour of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, of the Finance Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as expressly modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAmendment n°4, the Amended Credit Agreement as amended by this Amendment n°4 or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Credit Agreement or of the Borrowers or any other Loan Party under any other Loan Finance Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment n°4 and in the Amended Credit Agreement (except as otherwise expressly provided herein)amended by this Amendment n°4. The Credit Agreement and each of the other Loan Finance Documents shall remain in full force and effect, until and except as modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreement.

No Novation. Neither this Second Amendment Agreement nor the effectiveness of the Amended Restated Credit Agreement or the Restated Guarantee and Collateral Agreement shall extinguish the Finance Obligations obligations for the payment of money outstanding under the Original Credit Agreement (except as otherwise expressly provided herein) or discharge or release the Lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations outstanding under the Original Credit Agreement or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)same, which shall remain in full force and effect, except as modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Restated Credit Agreement, the Restated Guarantee and Collateral Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers Borrower under the Original Credit Agreement or of the Borrowers or any other Loan Party under the Existing Guarantee and Collateral Agreement or any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Original Credit Agreement, the Existing Guarantee and Collateral Agreement and each of the other Loan Documents shall remain in full force and effect, until and except as modified hereby. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit Agreementhereby or thereby in connection herewith or therewith.

No Novation. Neither this Second Amendment nor It is the effectiveness intention of the Amended parties hereto that this Amendment (including Exhibit A hereto) shall not constitute a termination of the Existing Credit Agreement (as defined below), nor shall it extinguish the Finance Obligations obligations for the payment of money outstanding any Secured Obligations and/or any amounts due under the Existing Credit Agreement (except as otherwise expressly provided herein) Agreement, or discharge or release (a) the Lien performance of any party or (b) the attachment, creation or priority of any Loan Document security interest or other Lien granted under the Collateral Agreement or any other security therefor or any guarantee thereof, and Security Document (including the liens and security interests in favor IP Security Agreements). It is the intention of the Collateral Agent for the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligations. Nothing parties hereto that nothing herein contained or in the Credit Agreement shall be construed as a substitution or substitution, novation, release or a payment and reborrowing, or a termination, discharge of (a) any of the Finance Loans or other obligations outstanding under the Existing Credit Agreement or (b) any of the Secured Obligations outstanding under the Credit Agreement or instruments guaranteeing or seeming the same (except as otherwise expressly provided herein)Collateral Agreement, each of which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second Amendment, the Amended Credit Agreement or any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or attached hereto. It is the intention of the Borrowers or any other Loan Party parties hereto that all such security interests and Liens granted under any other Loan Document from any of its obligations and liabilities thereunder, and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Collateral Agreement and each of the other Loan Documents (including the security interests and Liens granted under the Collateral Agreement and the IP Security Agreements) shall remain continue in full force and effecteffect as amended, until and except as supplemented or otherwise modified herebyherein. This Second Amendment As used in this Section, the term “Existing Credit Agreement” shall constitute a Loan Document for all purposes of mean the Credit Agreement and as in effect immediately prior to this Amendment becoming effective on the Amended Credit AgreementFirst Amendment Effective Date.

No Novation. Neither this Second Amendment nor the effectiveness The amendment and restatement of the Amended Existing Credit Agreement shall not extinguish the Finance Obligations for the payment of money obligations outstanding under the Existing Credit Agreement (except as otherwise expressly provided herein) Agreement, the Collateral Documents or the other Loan Documents or discharge or release the Lien lien or priority of any Loan Document or any other security therefor or any guarantee thereof, and the liens and security interests in favor of the Collateral Agent for Documents or the benefit of the Secured Parties securing payment of the Finance Obligations are in all respects continuing and in full force and effect with respect to all Finance Obligationsother Loan Documents. Nothing herein contained shall be construed as a substitution or novation, or a payment and reborrowing, or a termination, novation of the Finance Obligations obligations outstanding under the Existing Credit Agreement Agreement, the Collateral Documents, the other Loan Documents or instruments guaranteeing or seeming securing the same (except as otherwise expressly provided herein)or the other Loan Documents, which shall remain in full force and effect, except as to any extent modified hereby or by instruments executed concurrently herewith. Nothing expressed or implied in this Second AmendmentAgreement, the Amended Credit Agreement Collateral Documents, the other Loan Documents or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrowers under the Credit Agreement or any of the Borrowers Borrower or any other Loan Covered Party under any other Loan Document from any of its obligations and liabilities thereunderas a “Borrower,” or “Covered Party,” under the Agreement, the Collateral Documents or the other Loan Documents, except to any extent modified hereby or by instruments executed concurrently herewith or therewith. Each of this Agreement, the Collateral Documents and such obligations are in all respects continuing with only the terms being modified as provided in this Second Amendment and in the Amended Credit Agreement (except as otherwise expressly provided herein). The Credit Agreement and each of the other Loan Documents shall remain in full force and effect, until (as applicable) and except as to any extent modified herebyhereby or in connection herewith. This Second Amendment shall constitute a Loan Document for all purposes of the Credit Agreement and the Amended Credit AgreementSection 9.19.