Common use of Confirmation of Indebtedness Clause in Contracts

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18, 2007, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18March 26, 20072004, (i) it is indebted to Agent and Lenders under Lender for the Loan Documents Revolving Credit (including Letters of Credit) in the aggregate principal amount of $32,000,000 3,835,913.35, Term Loan A in the principal amount of $4,667,500, and Term Loan B in the principal amount of $3,052,777.88, without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this First Amendmentnature, plus all fees, costs costs, and Expenses expenses (including reasonable attorneys' fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18August 6, 20072008, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 43,600,000 without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18February 13, 20072012, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 5,303,218.00 and (b) Issuing Bank has issued Letters of Credit in the aggregate face amount of $803,057.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18March 22, 20072005, (i) it is indebted to Agent and Lenders under Lender for the Loan Documents Revolving Credit (including Letters of Credit) in the aggregate principal amount of $32,000,000 4,545,913.35, Term Loan A in the principal amount of $1,857,500.00, and Term Loan B in the principal amount of $2,819,444.60, without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this First Amendmentnature, plus all fees, costs costs, and Expenses (including reasonable attorneys' fees) incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18November 28, 20072011, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 6,453,218.00, and (b) Issuing Bank has issued Letters of Credit in the aggregate face amount of $503,057.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18November 15, 20072012, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 0.00 and (b) Issuing Bank has issued Letters of Credit in the aggregate face amount of $503,057.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18November 14, 2007, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 42,846,420 without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18March 25, 20072009, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 43,600,000.00 without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18April 25, 20072014, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 0.00 and (b) Issuing Bank has issued Letters of Credit in the aggregate face amount of $503,057.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July December 18, 20072008, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 43,600,000 without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18December 9, 20072010, (ia) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 13,826,884.00 and (b) Issuing Bank has issued Letters of Credit in the aggregate face amount of $400,604.00, in each case without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18May 14, 20072009, (i) it is indebted to Agent and Lenders under the Loan Documents in the aggregate principal amount of $32,000,000 43,600,000 without any deduction, defense, setoff, claim or counterclaim, counterclaim of any nature as of the date of this First Amendment, plus all fees, costs and Expenses incurred to date in connection with the Loan Documents.

Confirmation of Indebtedness. Borrower confirms and acknowledges that as of the close of business on July 18November 13, 20072003, (i) it is indebted to Agent and Lenders under Lender for the Loan Documents Revolving Credit (including Letters of Credit) in the aggregate principal amount of $32,000,000 4,175,913.35, Term Loan A in the principal amount of $5,437,500.00, and Term Loan B in the principal amount of $3,130,555.64, without any deduction, defense, setoff, claim or counterclaim, of any nature as of the date of this First Amendmentnature, plus all fees, costs costs, and Expenses expenses (including reasonable attorneys' fees) incurred to date in connection with the Loan Documents.