Common use of Avoidance of Doubt Clause in Contracts

Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, (b) the term “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations under this Agreement, under the Escrow Agreement (as amended by the Escrow Amendment), under the Facility Agreement (as amended hereby), under the Notes (as amended hereby) and under the other Transaction Documents, and (c) all references herein to “as amended hereby” means “as amended by this Agreement and the Escrow Amendment (as applicable),” and each of the parties hereto agrees not to take any contrary positions.

Avoidance of Doubt. The parties hereto hereby agree, for the avoidance of doubt, that this Amendment, the Escrow Amendment and the Escrow Agreement (a) the term “Notes” as used in the Transaction Documents shall mean the Notes, as, and to the extent, amended by this Agreement, (bthe Escrow Amendment) constitute “Transaction Documents,” the term terms “Liabilities” and “Obligations” as used in the Transaction Documents shall include all liabilities and obligations of the Borrower under this AgreementAmendment, under the Escrow Amendment, under the Escrow Agreement (as amended by the Escrow Amendment), under the Facility Agreement (as amended hereby), under the Notes (as amended hereby) and under the other Transaction Documents, and (c) all references herein to “as amended hereby” means “as amended by this Agreement Amendment and the Escrow Amendment (as applicable),” and each of the parties hereto agrees not to take any contrary positions.